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  1. The Rights of Persons and the Rights of Property.Eran Asoulin - 2017 - Arena 151.
    Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants Mirvac, (...)
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  2. Downward Mobility and Rawlsian Justice.Govind Persad - 2017 - Philosophical Studies 175 (2):277-300.
    Technological and societal changes have made downward social and economic mobility a pressing issue in real-world politics. This article argues that a Rawlsian society would not provide any special protection against downward mobility, and would act rightly in declining to provide such protection. Special treatment for the downwardly mobile can be grounded neither in Rawls’s core principles—the basic liberties, fair equality of opportunity, and the difference principle—nor in other aspects of Rawls’s theory. Instead, a Rawlsian society is willing to sacrifice (...)
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  3. The Libertarian Error.Richard Oxenberg - 2017 - Political Animal Magazine.
    This article examines the flaw in the libertarian conception of the right to property. It argues that libertarians fail to recognize that, in a settled society, the right to amass property must be qualified and limited by the right of all people - including those without property - to have access to sufficient property for a satisfactory life.
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  4. Blockchain Technology as an Institution of Property.Georgy Ishmaev - 2017 - Metaphilosophy 48 (5):666-686.
    This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge and (...)
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  5. Real Estate: Foundations of the Ontology of Property.Barry Smith - 2003 - In Heiner Stuckenschmidt, Erik Stubjkaer & Christoph Schlieder (eds.), The Ontology and Modelling of Real Estate Transactions. Ashgate. pp. 51-67.
    Suppose you own a garden-variety object such as a hat or a shirt. Your property right then follows the ageold saw according to which possession is nine-tenths of the law. That is, your possession of a shirt constitutes a strong presumption in favor of your ownership of the shirt. In the case of land, however, this is not the case. Here possession is not only not a strong presumption in favor of ownership; it is not even clear what possession is. (...)
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  6. Open Source Software: A New Mertonian Ethos?Paul B. de Laat - 2001 - In Anton Vedder (ed.), Ethics and the Internet. Intersentia.
    Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. As (...)
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  7. Internet-Based Commons of Intellectual Resources: An Exploration of Their Variety.Paul B. de Laat - 2006 - In Jacques Berleur, Markku I. Nurminen & John Impagliazzo (eds.), IFIP; Social Informatics: An Information Society for All? In Remembrance of Rob Kling Vol 223. Springer.
    During the two last decades, speeded up by the development of the Internet, several types of commons have been opened up for intellectual resources. In this article their variety is being explored as to the kind of resources and the type of regulation involved. The open source software movement initiated the phenomenon, by creating a copyright-based commons of source code that can be labelled `dynamic': allowing both use and modification of resources. Additionally, such a commons may be either protected from (...)
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  8. Copyright or Copyleft?: An Analysis of Property Regimes for Software Development.Paul B. de Laat - 2005 - Research Policy 34 (10):1511-1532.
    Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued that (...)
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  9. One Community or Many? From Logic to Juridical Law, Via Metaphysics [in Kant].Lucas Thorpe - 2011 - In Howard Williams, Sorin Baiasu & Sami Pihlstrom (eds.), Politics and Metaphysics in Kant. Political Philosophy Now: University of Wales Press.
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  10. The Mystery of Capital and the Construction of Social Reality.Barry Smith, David M. Mark & Isaac Ehrlich (eds.) - 2008 - Open Court.
    John Searle’s The Construction of Social Reality and Hernando de Soto’s The Mystery of Capital shifted the focus of current thought on capital and economic development to the cultural and conceptual ideas that underpin market economies and that are taken for granted in developed nations. This collection of essays assembles 21 philosophers, economists, and political scientists to help readers understand these exciting new theories.
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  11. The Lockean Enough-and-as-Good Proviso: An Internal Critique.Helga Varden - 2012 - Journal of Moral Philosophy 9 (3):410-442.
    A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with the (...)
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  12. Locke and the Right to (Acquire) Property: A Lockean Argument for the Rawlsian Difference Principle.Richard Oxenberg - 2010 - Social Philosophy Today 26:55-66.
    The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does not depend on (...)
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  13. Hume's Natural History of Justice.Mark Collier - 2011 - In C. Taylor & S. Buckle (eds.), Hume and the Enlightenment. Pickering & Chatto. pp. 131-142.
    In Book III, Part 2 of the Treatise, Hume presents a natural history of justice. Self-interest clearly plays a central role in his account; our ancestors invented justice conventions, he maintains, for the sake of reciprocal advantage. But this is not what makes his approach so novel and attractive. Hume recognizes that prudential considerations are not sufficient to explain how human beings – with our propensities towards temporal discounting and free-riding – could have established conventions for social exchange and collective (...)
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  14. On Original Appropriation.Peter Vallentyne - 2007 - In Malcolm Murray (ed.), Liberty, Games, and Contracts: Jan Narveson and the Defence of Libertarianism. Aldershot: Ashgate Press.
    Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes any (...)
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  15. Worldmaking: Property Rights in Aesthetic Creations.Peter H. Karlen - 1986 - Journal of Aesthetics and Art Criticism 45 (2):183-192.
    This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied to aesthetic creations (...)
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Original Appropriation
  1. Kant and Dependency Relations: Kant on the State’s Right to Redistribute Resources to Protect the Rights of Dependents.Helga Varden - 2006 - Dialogue 45 (2):257-284.
    ABSTRACT: Contrary to much Kant interpretation, this article argues that Kant’s moral philosophy, including his account of charity, is irrelevant to justifying the state’s right to redistribute material resources to secure the rights of dependents. The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant’s account of dependency relations in “The Doctrine of Right” reveals an argumentative structure sufficient for a public institutional (...)
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  2. Society, Its Process and Prospect.Spencer Heath - 2016 - Libertarian Papers 8:211-220.
    Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. Land (...)
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  3. Property Rights, Future Generations and the Destruction and Degradation of Natural Resources.Dan Dennis - 2015 - Moral Philosophy and Politics 2 (1):107-139.
    The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...)
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  4. Qu'est-ce que la propriété? Une approche reinachienne.Olivier Massin - 2016 - Philosophie 128 (1):74.
    I present and defend Reinach's theory of ownership according to which, prior to the positive law, one finds a distinction between possession, ownership and property rights. Ownership is not a bundle of positive rights, but a primitive natural relation that grounds the absolute right to behave as one wishes towards the thing one owns. In reply to some objections raised against it, I argue that Reinach's theory of property is morally and politically non-committal; and that it in fact has the (...)
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  5. Własność to złudzenie.Tomasz Żuradzki - 2007 - Rzeczpospolita 12 (19).
    Własność prywatna nie jest żadnym naturalnym uprawnieniem, ale prawną konwencją zdefiniowaną przez system podatkowy. Stopień ingerencji w rzekomo naturalne prawo własności nie może być podstawą oceniania systemów podatkowych, bo sama własność jest wytworem takich systemów. Podatki nie odbierają nam własności, tylko umożliwiają jej istnienie.
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  6. „Ihr seid verloren, wenn ihr vergeßt, daß die Früchte allen gehören und die Erde niemandem“: Rousseaus Eigentumskonzeption,.Michaela Rehm - 2005 - In Bernd Ludwig & Andreas Eckl (eds.), Was ist mein? Beck. pp. 103-117.
    The paper is an analysis of Rousseau’s concept of property. It shows that Rousseau wants to draft a new system of politics that will not forbid private property but will limit its scale. It aims to clarify that Rousseau owes much to John Locke’s theory and even adopts Locke’s definition that it is a basic purpose of the social contract to protect the citizen’s property. It is argued that in spite of these similarities Rousseau’s account differs fundamentally from Locke’s. Having (...)
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  7. Liberties, Not Rights: Gauthier and Nozick on Property.Paul Torek - 1994 - Social Theory and Practice 20 (3):343-361.
    In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar reasons.
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  8. Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum).Alejandra Mancilla - 2013 - Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...)
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  9. The Metaphysics of Locke's Labour View.Peter Martin Jaworski - 2011 - Locke Studies 11:73-106.
    This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...)
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  10. The Compatibility of Locke's Waste Restriction.Daniel Layman - 2012 - Locke Studies 12:183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...)
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  11. A Critique of Lester's Account of Liberty.Danny Frederick - 2013 - Libertarian Papers 5:45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  12. Justice and the Initial Acquisition of Property.John T. Sanders - 1987 - Harvard Journal of Law and Public Policy 10 (2):367-99.
    There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...)
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  13. Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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  14. What Counts as Original Appropriation?Bas van der Vossen - 2009 - Politics, Philosophy and Economics 8 (4):355-373.
    I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...)
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Externalities
  1. Libertarian Law and Military Defense.Robert P. Murphy - 2017 - Libertarian Papers 9:213-232.
    Joseph Newhard (2017) argues that a libertarian anarchist society would be at a serious military disadvantage if it extended the nonaggression principle to include potential foreign invaders. He goes so far as to recommend cultivating the ability to launch a nuclear attack on foreign cities. In contrast, I argue that the free society would derive its strength from a total commitment to property rights and the protection of innocent life. Both theory and history suggest that a free society would be (...)
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  2. On the Conspicuous Absence of Private Defense.Joseph Michael Newhard - 2016 - Libertarian Papers 8:221-234.
    This essay offers a standard by which to assess the feasibility of market anarchism. In anarchist thought, the concept of feasibility concerns both the ability and the willingness of private defense agencies to liberate their clients from state oppression. I argue that the emergence of a single stateless pocket of effective, privately-provided defense for a “reasonable” length of time is sufficient to affirm feasibility. I then consider the failure of private defense agencies to achieve even this standard. Furthermore, I identify (...)
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  3. A Critique of Lester's Account of Liberty.Danny Frederick - 2013 - Libertarian Papers 5:45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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Self-Ownership
  1. Da impossibilidade de uma relação de self-ownership: o dualismo ontológico na ilusão da auto-propriedade.Diego Ramos Mileli - 2018 - Revista Trágica: Estudos de Filosofia da Imanência 11 (2):105-126.
    O conceito de self-ownership é frequentemente utilizado nos campos da Ética e da Filosofia Política para justificar ou negar a justeza de determinadas situações, atos ou práticas. As críticas a tal conceito são predominantemente focadas em seus corolários. No presente artigo a análise se concentra sobra as condições de possibilidade da existência de uma relação de propriedade de si mesmo – auto-propriedade – procurando-se demonstrar a impossibilidade de tal relação pela ausência de multiplicidade de elementos que possam constituir um proprietário (...)
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  2. Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...)
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  3. The Separateness of Persons: A Moral Basis for a Public Justification Requirement.Jason Tyndal - 2017 - Journal of Value Inquiry 51 (3):491-505.
    In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...)
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  4. A Kantian Defense of Self‐Ownership.Robert S. Taylor - 2004 - Journal of Political Philosophy 12 (1):65-78.
    Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...)
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  5. The Double Nature of DNA: Reevaluating the Common Heritage Idea.Matthieu Queloz - 2016 - Journal of Political Philosophy 24 (1):47-66.
    DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what emerges as the most (...)
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  6. Propriété de soi et indifférence morale du rapport à soi.Nathalie Maillard Romagnoli - 2011 - Les ateliers de l'éthique/The Ethics Forum 6 (1):4-15.
    Je m’interroge dans cet article sur les implications du principe libertarien de la pleine propriété de soi sur la question du rapport moral à soi-même. À travers le principe de la pleine propriété de soi, les libertariens défendent la liberté entière de chacun de vivre comme il l’entend, pourvu que les droits des autres soient respectés. Apparemment, ce principe n’a pas grand-chose à nous dire sur ce que nous sommes moralement autorisés à nous faire à nous-mêmes ou non. Certains libertariens, (...)
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  7. 'Privacy, Private Property and Collective Property'.Annabelle Lever - 2012 - The Good Society 21 (1):47-60.
    This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to form (...)
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  8. Samuel Pufendorf and the Right of Necessity.Alejandra Mancilla - 2012 - Aporia 3:47-64.
    From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, founded (...)
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  9. Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum).Alejandra Mancilla - 2013 - Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...)
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  10. Self-Ownership and the Conflation Problem.David Sobel - forthcoming - In Mark Timmons (ed.), Oxford Studies in Normative Ethics.
    Libertarian self-ownership views in the tradition of Locke, Nozick, and the left-libertarians have supposed that we enjoy very powerful deontological protections against infringing upon our property. Such a conception makes sense when we are focused on property that is very important to its owner, such as a person’s kidney. However, this stringency of our property rights is harder to credit when we consider more trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. Maintaining (...)
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  11. A Critique of Lester's Account of Liberty.Danny Frederick - 2013 - Libertarian Papers 5:45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  12. Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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  13. Self-Ownership and Transplantable Human Organs.Robert S. Taylor - 2007 - Public Affairs Quarterly 21 (1):89-107.
    Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-ownership--control self-ownership (CSO)--for both market and nonmarket organ-allocation mechanisms. The (...)
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  14. Self-Ownership and the Limits of Libertarianism.Robert S. Taylor - 2005 - Social Theory and Practice 31 (4):465-482.
    In the longstanding debate between liberals and libertarians over the morality of redistributive labor taxation, liberals such as John Rawls and Ronald Dworkin have consistently taken the position that such taxation is perfectly compatible with individual liberty, whereas libertarians such as Robert Nozick and Murray Rothbard have adopted the (very) contrary position that such taxation is tantamount to slavery. In this paper, I argue that the debate over redistributive labor taxation can be usefully reconstituted as a debate over the incidents (...)
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Intellectual Property Rights
  1. The Bigger Picture: A Commentary on the Forcehimes–Karjiker Debate.Ali Pirhayati - 2019 - Think 18 (51):101-105.
    Forcehimes poses a parity between libraries and downloading books online and concludes that the im/permissibility of one of them entails the im/permissibility of the other and vice versa. Karjiker rejects this parity arguing that the magnitudes of these two are vastly different and while libraries do not lead to a considerable market failure, downloading e-books does. In this article, I try to clarify some points, show a kind of parochialism in Karjiker’s arguments, propose a thought experiment to neutralize the magnitude (...)
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  2. Geistiges Eigentum und Originalität. Zur Spannung zwischen freier Verfügbarkeit und Anerkennung individueller Leistungen.Odin Kroeger, Günther Friesinger, Paul Lohberger & Eberhard Ortland - 2011 - In Odin Kroeger, Günther Friesinger, Paul Lohberger & Eberhard Ortland (eds.), Geistiges Eigentum und Originalität: Zur Politik der Wissens- und Kulturproduktion. Vienna, Austria: pp. 9–15.
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  3. Are Copyrights Compatible with Human Rights ?Radu Uszkai - 2014 - Romanian Journal of Analytic Philosophy 8 (1):5-20.
    The purpose of the following study is that of providing a critical anal‑ ysis of Intellectual Property (IP), with a closer look on copyright, in the context of human rights. My main conjecture is the following : the legal infrastructure stemming from the implications of copyrights which states created has nega‑ tive consequences if we have a closer look at some human rights specified by The Universal Declaration of Human Rights (UDHR). For example, copyrights are, in my view, incompatible with (...)
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  4. Ideation and Appropriation: Wittgenstein on Intellectual Property.Julian Friedland - 2001 - Law and Critique 12 (2).
    This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein attempted to diffuse. This (...)
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