James Penner has probably done more than anyone else in legal philosophy to set the terms of debate in property theory for the past two decades. His 1997 book, The Idea of Property in Law initiated...

The aim of this article is to consider the prospects of a liberal conception of religious freedom in some Muslim-majority states. Part I offers a brief sketch of three approaches to religious freedom that inform my view. Part II then presents a liberal framework for religious toleration that draws ideas from Rainer Forst’s Toleration in Conflict, as well as some perennial themes in classical liberal thought. I briefly examine three case studies in Part III: the Turkish Republic; the Arab Spring (...) states; and the post-Soviet republics of Central Asia. This is followed by a short conclusion. (shrink)

Commentators discussed the coherence and validity of a minimalist approach to ownership intuitions, in ways that make it possible to clarify the model, re-evaluate its cognitive underpinnings, and sketch some of its implications. This response summarizes the model; addresses issues concerning the need for a special technical lexicon when describing cognitive semantics; the psychology involved in contexts of competitive acquisition and their consequences for possession and use of rival resources; the role of cooperative expectations in creating mutually beneficial allocation of (...) resources; the consequences of ownership psychology for social interaction and the production of social norms of property; and the relations between psychological processes and legal institutions in the domain, before proposing some final thoughts. (shrink)

The moral acceptability of intellectual property rights is often assessed by comparing them to central instances of rights to material property. Critics of intellectual ownership claim to have found significant differences. One of the dissimilarities pertains to the extent of the control intellectual property rights bestow on their holders over the material property of others. The main idea of the criticism of intellectual ownership built around that dissimilarity is that, in light of the comparison with material property rights, the power (...) is excessive. In this article, I assess this objection to intellectual property rights in connection with patents and copyrights. I maintain that it is implausible. (shrink)