The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...) does not sufficiently respect property rights is likely to be a totalitarian state, and will also be likely to fail to respect rights of other sorts. (shrink)

While Roman Ingarden remains best known among English‐speaking philosophers and literary theorists for his work in aesthetics, and primarily for his study of the literary work of art, his studies in aesthetics and art belong in fact to the comprehensive program of phenomenological research in ontology and metaphysics that occupied him for his entire career. In this article I briefly describe this program of phenomenological research, then I discuss some of the major features of Ingarden’s analyses of works of art (...) and the aesthetic experience. (shrink)

In discussions of the conservation of culturally significant architecture, awareness about issues of temporality and its theoretical import has been approached from varied, partial, perspectives. These perspectives have usually focused on accounts of temporality that focus on the past and the present—and more rarely the future—without considering either the complete spectrum of human temporality or its ontological bases. This article addresses this shortcoming with a phenomenology of conservation grounded on the fundamental attitudes of cultivation and care. After a phenomenological and (...) existentialist analysis of Cesare Brandi’s thought—focusing on his paradigmatic Theory of Restoration—his attitude comes forth as a limited instance of the modern conservation attitude that is concerned exclusively with architecture as art. This attitude results in a limited temporal intentionality. Following Ingarden and Ricoeur, the existential approach here applied to the deduced dimensions of the space and time of Dasein—in Heidegger’s terms—outlines the grounding of conservation on an existential interpretation of the more fundamental notions of cultivation and care. This interpretation suggests a solution for the modern impasse with an existential account of both the artistic grounding of architecture and its characterization as the place that temporally accompanies Dasein. Architecture thus emerges as a manifold being, constituting existentially the space for the authentic human being, whose temporal consciousness compels it to cultivate and care about that space, thus enriching the possible approaches to conservation as a collective endeavor. (shrink)

Recent phenomenological research has picked up on the old claim that sometimes artworks seem to take possession of the perceiver. Simon Høffding and Tone Roald have argued that Edmund Husserl’s not...

A sustained challenge to the view that artworks are physical objects relates to the alleged inability of physical objects to possess representational properties, which some artworks clearly do possess. I argue that the challenge is subject to confusions about representational properties and aesthetic experience. I show that a challenge to artwork-object identity put forward by Danto is vulnerable to a similar criticism. I conclude by noting that the identity of artworks and physical objects is consistent with the insight that attending (...) exclusively to the object’s individual physical properties may prevent us from grasping the nature of the work. // Contre l’opinion voulant que les œuvres d’art soient des objets physiques, d’aucuns font régulièrement valoir la présumée incapacité des objets physiques à possedér des propriétés représentationnelles, propriétés que certaines œuvres d’art possèdent a l’evidence. Je fais valoir que cette remise en question est sujette à des confusions à propos des propriétés représentationnelles et de l’experience esthétique. Je montre que de même, la remise en question par Danto de l’identité œuvre d’art-objet prête le flanc à une critique similaire. Je conclus pour finir que l’identité entre œuvres d’art et objets physiques est compatible avec l’intuition voulant que prêter attention exclusivement aux propriétés physiques d’un certain objet peut nous empêcher de saisir la nature de l’œuvre. (shrink)