This paper offers a different pragmatic and patent-based approach to concerns regarding the negative effects of genetic-based patenting on advancing scientific research and providing adequate and accessible health care services. At the basis of this approach lies an explication of a mandatory provisional patented paper procedure (PPPA), designed for genetic-based patents and administered by leading scientific journals in the field, while officially acknowledged by the USPTO, and subsequently by other patent offices as well. It is argued that the uniqueness of (...) PPPAs lies in subsequently mitigating the negative ramifications of genetic patents on scientific research and genetic-based health care services, while basing such mitigation on a patents’ advocate viewpoint that neither discards the patent system nor jeopardizes its integrity. (shrink)

Many political libertarians argue, or assume, that negative moral duties (duties not to harm others) prevail over positive moral duties (duties to aid others), and that the legal system ought to reflect such pre-eminence. I call into question this strategy for defending a libertarian order. I start by arguing that a successful account of the well-known case of a runaway trolley that is about to kill five innocents unless a passer-by diverts it onto one innocent, killing him, should point to (...) (i) the ex ante advantage to all six of being subject to a policy of redirection of runaway trolleys, and (ii) the causal structure of killing vs. letting-die choices. I then argue that this account of the trolley case entails that legal systems reflecting the relative stringency of negative and positive moral duties should uphold redistributive measures at odds with libertarianism. The assumption that the legal system ought to reflect, through non-causal routes, moral principles and their relative weights leads to either an ideal-theory (in Rawls's sense) assessment of libertarianism or a symbolic account of the relationships between morality and law. Libertarians should undermine this assumption if they hope to offer an all-things-considered case for free markets. (shrink)

This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist theory places (...) very stringent restrictions on both the amount of unappropriated resources each person has a right to appropriate and the use they can make of those appropriated resources. The conclusion of my argument can be either used as a premise in a modus tollens argument to be used against natural-right theories of property rights or as a premise in a modus ponens argument in favour of a broadly left-libertarian theory. (shrink)

The traditional Lockean justification of property rights has been argued to be no longer valid in a world in which much wealth does not derive from acquisitions of natural resources, and in which much property, such as money, is intangible. This means that libertarians need to reconsider whether and why property rights are justified for objects that fall outside of the scope of the Lockean justification. This paper gives a justification of property rights in relation to modern money, which uses (...) the self-ownership principle as its central premise. Since modern money is a form of credit, I start with a justification of credit property rights. I then consider both money under gold convertibility and present-day fiat systems, showing that the justification of credit property rights remains valid under these conditions. (shrink)

Abstract:Self-ownership has fallen out of favor as a core moral and political concept. I argue that this is because the most popular conception of self-ownership, what I call the property conception, is typically linked to a libertarian (of the left or right) political program. Seeing self-ownership and libertarianism as being necessarily linked leads those who are not inclined toward libertarianism to reject the idea of self-ownership altogether. This, I argue, is a mistake. Self-ownership is a crucial moral and political concept (...) that can earn its keep if we understand it not as type of property right in the self, but rather as a set of territorial rights one has over one’s body. This territorial conception of self-ownership, which I call the sovereignty conception of self-ownership, avoids the traditional arguments raised against the property conception of self-ownership and has other benefits besides. Accepting this conception of self-ownership, I argue, has considerable moral and political benefits without taking on the costs associated with other forms of self-ownership. (shrink)

In this dissertation, I investigate the implications of libertarian morality in relation to the problem of climate change. This problem is explicated in the first chapter, where preliminary clarifications are also made. In the second chapter, I briefly explain the characteristics of libertarianism relevant to the subsequent study, including the central non-aggression principle. In chapter three, I examine whether our individual emissions of greenhouse gases, which together give rise to climate change, meet this principle. I do this based on the (...) assumption that we are the legitimate owners of the resources we use in those activities. In the fourth chapter, I question this assumption and scrutinize libertarianism’s restrictions on appropriations of climate-relevant resources, which leads me to distinguish between some different versions of the libertarian view. Toward the end of the chapter, I also examine libertarianism’s answer to the political question regarding how emission rights should be distributed. The fifth chapter investigates libertarianism’s verdicts for mere risks of infringement, as stemming from people’s emissions and acts of appropriations. In chapter six, I investigate the libertarian right to self-defense against both the effects of climate change and other people’s climate-relevant activities. In chapter seven, I discuss two intergenerational issues related to climate change: what libertarianism says concerning future generations and how libertarianism might deal with the problem of historical emissions. The eighth chapter explores the implications of libertarianism regarding collective moral wrongdoing in connection to climate change. In chapter nine, I take a look at the libertarian room for governmental responses for tackling climate change. The tenth and final chapter is a summary. The overall conclusion of the dissertation is that libertarianism recommends that we reduce our emissions and decrease our extraction of natural resources such as forests and fossil fuels. Furthermore, governments are permitted to undertake some quite substantial actions in order to fight the causes of climate change. I end with some bottom-up reflections on what these conclusions might say about the plausibility of libertarianism. I claim that although libertarianism after all manages to explain some of our moral intuitions regarding climate change, it is questionable whether libertarianism’s explanation is better than those offered by alternative moral theories. (shrink)

David Sobel has recently argued that libertarian theories that accept full and strict self-ownership as foundational confront what he calls the conflation problem: if transgressing self-ownership is strictly and stringently forbidden, it is implied that the normative protection against one infringement is precisely as strong as against any other infringement. But this seems to be an absurd consequence. In defense of libertarianism, I argue that the conflation problem can be handled in a way that allows us to honor basic libertarian (...) commitments. It is suggested libertarianism should be characterized as presumptive libertarianism, treating self-ownership as an assumption the content of which remains to be worked out when applied, rather than as a dogma ready for application: a proposal that relies on a standard market model. Since such a proposal is likely to appear to many philosophers—libertarians in particular—as inherently flawed, a considerable part of this article defends it against possible criticisms. It is argued that presumptive libertarianism is not only a coherent and theoretically elegant notion, but a version of libertarianism that honors pre-theoretical commitments to self-ownership and liberty better than some mainstream versions of libertarianism. (shrink)

The core idea of this paper is that we can use the differences between democratic and undemocratic governments to illuminate ethical problems, particularly in the area of political philosophy. Democratic values, rights and institutions lie between the most abstract considerations of ethics and meta-ethics and the most particularised decisions, outcomes and contexts. Hence, this paper argues, we can use the differences between democratic and undemocratic governments, as we best understand them, to structure our theoretical investigations, to test and organise our (...) intuitions and ideas, and to explain and justify our philosophical conclusions in ways analogous to the distinction between consequentialist and deontological theories in moral philosophy, or between liberal and republican principles in political philosophy. In this way – or so I will argue – we can interpret and evaluate competing philosophical claims so that they are morally and politically attractive, as well as logically consistent. Specifically, as we will see, a democracy-centred approach to ethics can help us to distinguish liberal and democratic approaches to political morality in ways that reflect the varieties of democratic theory, and the importance of distinguishing democratic from undemocratic forms of liberalism. (shrink)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...) correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And it (...) is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)

Research Articles John Tomasi, Social Philosophy and Policy, FirstView Article.

The core idea of libertarianism, considered as a basic moral theory, is that people have certain negative rights and that those rights determine morally right action. Libertarianism is supposed to provide robust explanations to some of our intuitions, such as that it is wrong to steal, kill, rape or enslave other people. However, its exclusive focus on negative rights (i.e., rights to non-interference) makes it incapable of explaining some other intuitions, such as that the utterly rich should help the utterly (...) poor. Although libertarianism can explain why we should never do bad to others, it cannot explain why we should sometimes do good to others. For this reason, libertarianism is not satisfactory as it stands. A natural suggestion, therefore, is that we should either abandon libertarianism in favor of some of its better faring rivals, or revise the theory in order to get rid of the features that make it unsatisfactory. This paper proposes a new libertarian theory of morality: a theory that endorses a utilitarian proviso for use of external resources. I call this theory mid-libertarianism. The basic idea of mid-libertarianism is that individuals are free to do as they want as long as they do not violate the rights of others, given that they maximize utility whenever they use external resources. The paper is divided into four main sections. In this frst section, I introduce mid-libertarianism as a normative ethical theory. In the second main section, I put forward the key arguments for mid-libertarianism, which are, roughly, that it maintains the main explanatory powers of existing versions of libertarianism, while it avoids some of the most severe problems that these theories face. In the third section, I answer some potential objections to midlibertarianism. In the fourth section, I conclude that mid-libertarianism deserves to be taken seriously as a new contender in the normative ethics debate. (shrink)

Research Articles Lloyd P. Gerson, Social Philosophy and Policy, FirstView Article.

Lockean approaches to property take it that persons can unilaterally acquire private ownership over hitherto unowned resources. Such natural law accounts of property rights are often thought to be of limited use when dealing with the complexities of natural resource use outside of the paradigm of private ownership of land for agricultural or residential development. The tragedy of the commons has been shown to be anything but an inevitability, and yet Lockeanism seems to demand that even the most robust common (...) property arrangements be converted to privatized units. This often motivates a move away from natural law in the moral analysis of property rights. I argue however that it is not the deontological nature of Lockean principles that are at fault, but rather the manner of their application. Lockean theory often exhibits a bias in favour of private property: assuming that only private property can protect one’s interest in autonomy, and therefore asserting that each individual has a power of private acquisition. Starting with a claim against interference however enables us to mould the appropriate property rights to each individual’s particular interest in autonomy. This sometimes leads to private ownership, but often leads to various forms of commons. (shrink)

Climate change presents an unprecedented and existential threat. Proposals addressing this threat are criticized as impractical, costly, and/or beyond the legitimate scope of government power. We engage the latter critique by turning to John Locke's writings. Locke is both a proponent of limited government and profoundly influential on liberal democracies. He argues that government exists solely to enforce the natural law, and in doing so, protects life, liberty, and property. While Locke presents the Earth's resources as existing to be exploited, (...) he limits property acquisition, arguing that natural law prohibits spoilage and requires that we leave ample, quality resources for others to utilize. We argue that since these caveats are part of the natural law, government is obligated to take comprehensive action addressing climate change. (shrink)

Common practices such as donating blood or selling hair assume rights of disposal over oneself that are similar to, if not indistinguishable from, property rights. However, a simple view of self‐ownership fails to capture relevant moral differences between parts of a person and other objects. In light of this, we require some account of the continuity in the form of ownership rights a person has over herself and other objects, which also acknowledges the normative differences between constitutive parts of a (...) person, on the one hand, and external objects, on the other. This paper provides such an account by arguing that there are reasons internal to a general justification of property rights to limit the extent of powers included in ownership of different kinds of object, depending on how the person is situated in relation to them. Rejecting a typical Hohfeldian view of property as a univocal, gradable concept allows us to make space for a new approach to property and self‐ownership: one which can make sense of various uses of the body as property without entailing that our relation to those parts is exhaustively characterised by an ordinary property right. (shrink)

Leistungssportlerinnen, die in populären Sportarten erfolgreich sind, kommen in den Genuss hoher Einkommen und großen sozialen Ansehens. Gleichzeitig ist ihr Erfolg von Voraussetzungen abhängig, die zu einem signifikanten Teil von ihrem Genotyp bestimmt werden. Diesen Sportlern werden also durch gesellschaftliche Prozesse substantielle Vorteile aufgrund von Eigenschaften zuteil, auf deren Vorhandensein sie keinen Einfluss haben. Wir untersuchen, wie wir vor dem Hintergrund verschiedener Gerechtigkeitsvorstellungen mit diesem Phänomen umgehen sollten. Wir argumentieren, dass die konsistente Berücksichtigung von Intuitionen zur gerechten Güterverteilung an Wettkämpferinnen (...) eine deutliche Ausweitung des Einsatzes von Wettkampfklassen erfordert. Die bestehenden Ungleichverteilungen lassen sich nicht allein mit Verweis auf ein Recht auf Selbsteigentum rechtfertigen. Sie verursachen auch keine Verbesserungen der Lage von besonders schlecht gestellten Individuen im Wirkungsbereich des Leistungssports, auf die zugunsten ihres Weiterbestehens verwiesen werden könnte. Trotz des erheblichen Aufwandes und der deutlichen Veränderungen im Charakter des Leistungssports, die mit der vorgeschlagenen Differenzierung von Wettkampfklassen einhergingen, ist diese Maßnahme geboten. (shrink)

Cosmopolitans hold that our duties of distributive justice to others do not stop at borders. Darrel Moellendorf is among those who defend the view that principles of distributive justice are applicable beyond borders. He suggests as a principle of international justice the global difference principle, which allows inequalities in the distribution of wealth and resources only if they are to the greatest advantage of the least advantaged individuals. In this paper, I try to indicate that Moellendorf’s argument for the global (...) difference principle is far from sustaining it. Instead, I argue for a minimum floor principle of distributive justice on the basis of the idea that each person ought to have an equal standard of living with respect to the fulfillment of their basic interests. I also propose the principle of contribution backed up by the principle of fair equality of opportunity, aiming to equalize background conditions of a competition for socially favored positions, as the basic principles of a complete account of global distributive justice.Kozmopolitanisti drže da se naše dužnosti distributivne pravednosti prema drugima ne zaustavljaju na granicama. Darrel Moellendorf je među onima koji brane gledište da su načela distributivne pravednosti primjenjiva s onu stranu granica. Kao načelo međunarodne pravednosti on predlaže globalno načelo razlike, koje nejednakosti u raspodjeli bogatstva i resursâ dopušta samo ako su one u najveću korist najlošije stojećih individua. U ovome članku pokušavam pokazati da Moellendorfov argument u prilog globalnog načela razlike to načelo nimalo ne potkrepljuje. Umjesto toga argumentiram u prilog načela distributivne pravednosti minimalne razine na osnovi zamisli da bi svaka osoba trebala imati jednaki standard življenja s obzirom na ispunjenje njezinih osnovnih interesa. Ujedno kao osnovna načela potpunog opisa globalne distributivne pravednosti predlažem načelo doprinosa poduprto načelom pravične jednakosti mogućnosti, koje stremi izjednačavanju pozadinskih uvjeta natjecanja za društveno favorizirane pozicije. (shrink)

The self-ownership thesis asserts, roughly, that agents own their minds and bodies in the same way that they can own extra-personal property. One common strategy for defending the self-ownership thesis is to show that it accords with our intuitions about the wrongness of various acts involving the expropriation of body parts. We challenge this line of defense. We argue that disgust explains our resistance to these sorts of cases and present results from an original psychological experiment in support of this (...) hypothesis. We argue further that learning that disgust is responsible for pro-self-ownership intuitions should reduce our confidence in those intuitions. After considering and rejecting some prominent “debunking” arguments predicated on disgust’s evolutionary history, we provide alternative reasons for thinking that disgust is not a reliable source of moral judgments. Rejecting the reliability of disgust as a mechanism for producing moral beliefs coheres with our considered judgments about the general kinds of considerations that are morally relevant and a range of particular moral problems. (shrink)

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, (...) colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

This article argues that protection of the environment requires reconsidering basic liberal ideas relating to value and growth. It selects a central thinker in the liberal tradition, John Locke, as a starting point. The article first shows how Locke’s political writings at first glance might support a “possessive individualist” position that gives primacy to individuals and their rights to property in a way that blocks governmental action to protect the environment, much as some modern versions of liberalism and libertarianism maintain. (...) However, there are other aspects of Locke’s writings that undermine this position. In particular, a reconsideration of his views on private property in combination with his views on the harm principle, the common good, and future generations can support the position that an individual’s right to exploit nature is indeed limited. These elements of Locke are strengthened considerably if Locke’s view of nature is updated by reconsidering nature as composed of ecosystems and as providing ecosystem goods and services. That land should continue to produce abundantly is foundational to Locke, and the failure to protect the ecosystems that provide key services supporting this abundance harms both the property of others and the viability of society: preservation of these constitute a collective good that transcends the individual good. The protection of ecosystem services also works to protect the value of individual holdings as well as the value of land still held in common. Finally, Locke’s writing supports the view that it is the role of government to act to protect the abundance of nature, even against the wishes of an individual property owner.Article first published online: 25 Feb 2017. (shrink)

It is a central tenet of most contemporary theories of justice that the badly-off have a right to some of the resources of the well-off. In this paper, I take as my starting point two principles of justice, to wit, the principle of sufficiency, whereby individuals have a right to the material resources they need in order to lead a decent life, and the principle of autonomy, whereby once everybody has such a life, individuals should be allowed to pursue their (...) conception of the good, and to enjoy the fruits of their labour in pursuit of such conception. I also endorse the value of fairness, whereby the right person or institution makes the decision as to whether to bring about justice.I show that justice and fairness can be satisfied only if we all enjoy a combination of private and collective rights over the world. In making that case, I shall argue that the set of ownership rights I advocate differs from readily available conceptions of restricted private ownership in two important respects. First, it is such that in some circumstances, two individuals or more can have control rights over the same property at the same time, not, as is standardly the case in legal systems, by contracting with one another (through gifts and joint purchase), but simply on grounds of justice. Second, it allows that, if necessary, property-owners be expropriated from their property without compensation. (shrink)

In his left-libertarian theory of justice Hillel Steiner introduces the idea of conceiving our germ-line genetic information as a natural resource as a means to achieving luck-egalitarian equality. This idea is very interesting in and of itself. But it also has the potential of turning Steiner’s theory into a particularly powerful version of left-libertarianism, or so I argue in the first part of this paper. In the second part I critically examine this idea. I show why, in contrast to what (...) Steiner claims, this idea requires us to evaluate not only the pieces of GLGI that we have used, but rather all the pieces of GLGI that our bodies deliver throughout our lives. Then I argue that besides the immense technical difficulties involved in meeting this requirement, which we may overcome in the future, there is also a substantive reason why we cannot meet this requirement. The relevant value of any given piece of GLGI depends on the way it would interact with another piece of GLGI of the opposite sex in a reproductive process. But there is no way of determining which pieces of GLGI should be assigned to each other for the purpose of this evaluation. (shrink)

One of the central theses of egalitarian liberals in the domain of distributive justice is that talented individuals should not be allowed to keep their entire market-income even if it flows solely from their greater abilities. This claim is usually supported by one of several arguments or some mixture of them, but in the present paper, I want to concentrate on the version that invokes equality of opportunity as its starting point. Namely, it is claimed that every human being should (...) enjoy an equal starting point in the life-race but that this is not secured insofar as some have greater natural talents than others. Therefore, egalitarians hold that results that arise from such an unfair situation are unjust and should be corrected by a redistributive taxation. I want to criticize this argument by hoping to show that it presupposes an untenable view about identity of persons. (shrink)

Margaret Kohn argues for a reappraisal of early twentieth-century left-republican French political theory, known as ‘solidarism’. Solidarism recognises private property as legitimate, but at the same time argues that the collective nature of economic production gives rise to a claim to social property. It is social property that should underlie the case for social justice and social rights, not the standard liberal claims to individual autonomy. This paper provides an appraisal of Kohn’s recovery of solidarism, taking as its main theme (...) the relation between property and social justice. The paper first offers a typology of four theories of justice (right- and left-libertarianism, luck and relational egalitarianism) and discusses the relation of each of these to the concept of property. Then it argues that solidarism is akin to left-libertarianism in the way it formulates justice as a claim to social property. Finally, it argues that solidarists cannot escape grounding their theory in a non-property based fundamental principle, which makes the theory much less distinctive from egalitarian theories of justice than may appear at first sight. (shrink)

L’objectif de ce papier est double : d’une part défendre l’idée que la théorie de la justice proposée par le libertarisme de gauche fait de la figure de l’entrepreneur une éminence grise, centrale, bien que très rarement mentionnée et, d’autre part, discuter les critiques qui ont été adressées à cette théorie de la justice.

ABSTRACTEntrepreneurs should act as stewards of entrepreneurial rent. Entrepreneurial rent is the difference between the ex post value of a venture and its ex ante costs. It is the result of competition among buyers and sellers within the market process rather than the sole efforts of the entrepreneur. As a result, entrepreneurs should allocate entrepreneurial rent for the benefit of other market participants rather than consuming it for themselves. The moral obligation to steward entrepreneurial rent is consistent with traditional bases (...) of property rights and the norm of social welfare maximization, and it applies to corporations and their shareholders, as well as individual entrepreneurs. (shrink)