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Switch to: References
Citations of:
The Right to Private Property
Philosophy and Public Affairs 21 (2):196-206 (1992)
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There has been a troublesome anomaly in the UK between cash payment to men for sperm donation and the effective assumption that women will pay to donate eggs. Some commentators, including Donald Evans in this journal, have argued that the anomaly should be resolved by treating women on the same terms as men. But this argument ignores important difficulties about property in the body, particularly in relation to gametes. There are good reasons for thinking that the contract model and payment (...) |
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Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...) |
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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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Left-libertarianism is a version of Lockean libertarianism that combines the idea that each person is the full rightful owner of herself and the idea that each person should have the right to own a roughly equal amount of the world's resources. This essay argues against left-libertarianism. The specific target is an interesting form of left-libertarianism proposed by Michael Otsuka that is especially stringent in its equal world ownership claim. One criticism advanced is that there is more tension than Otsuka acknowledges (...) |
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This essay deals with property rights in body parts that can be exchanged in a market. The inquiry arises in the following context. With some exceptions, the laws of many countries permit only the donation, not the sale, of body parts. Yet for some years there has existed a shortage of body parts for transplantation and other medical uses. It might then appear that if more sales were legally permitted, the supply of body parts would increase, because people would have (...) |
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The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child’s body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...) |
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The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child's body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. Persons have (...) |
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The subject of this article is the Rawlsian right to personal property. Adequate discussion of this right has long been absent from the literature, and the recent rise in interest in other areas of Rawlsian thought on property makes the issue particularly pertinent. The right to personal property as proposed by orthodox Rawlsians – in this article, the position is represented by Rawls himself – is best understood, I claim, either as a right to be able to privately own housing (...) |
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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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While Hegel’s political philosophy has been attacked on the left by republican democrats and on the right by feudalist reactionaries, his apologists see him as a liberal reformer, a moderate who theorized about the development of a free-market society within the bounds of a stabilizing constitutional state. This centrist view has gained ascendancy since the end of the Second World War, enshrining Hegel within the liberal tradition. In this book, Renato Cristi argues that, like the Prussian liberal reformers of his (...) |
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The scholarship on Mary Wollstonecraft is divided concerning her views on women's role in public life, property rights, and distribution of wealth. Her critique of inequality of wealth is undisputed, but is it a complaint only of inequality or does it strike more forcefully at the institution of property? The argument in this article is that Wollstonecraft's feminism is partly defined by a radical critique of property, intertwined with her conception of rights. Dissociating herself from the conceptualization of rights in (...) |
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Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...) |
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Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively. |
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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 (...) |
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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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G.A. Cohen has produced an influential criticism of libertarian‐ism that posits joint ownership of everything in the world other than labor, with each joint owner having a veto right over any potential use of the world. According to Cohen, in that world rationality would require that wealth be divided equally, with no differential accorded to talent, ability, or effort. A closer examination shows that Cohen's argument rests on two central errors of reasoning and does not support his egalitarian conclusions, even (...) |
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The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims of need can (...) |
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The issue of abortion is discussed with reference to the claim that people have a right of control over their own bodies. Do people "own" their own bodies? If so, what would be entailed? These questions are discussed in commonsense terms and also in relation to the jurisprudence of Hohfeld, Honore, Munzer and Waldron. It is argued that whether or not women are morally and/or should be legally entitled to have abortions, such entitlements cannot be derived from a general moral (...) |
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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 (...) |
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Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) |
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Cultural appropriation occurs when an individual from one culture uses another culture's ideas. Often the ideas relate to artifacts, clothes, food, and symbols. Frequently, critics of cultural appropriation claim that it is a type of theft. The critics also claim that it disrespects minorities and also is similar to or involves colonialism. In this paper, we argue that it is neither wrong nor bad to culturally appropriate. It is not wrong because no one owns cultural symbols, not all cultural appropriation (...) |
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Locke bases his moral and political philosophy on his doctrine of the ‘law of nature’. Scholars have debated the content and grounding of this law and its relationship to Christian theology. The ambiguities of the Lockean natural law’s content are traceable to an unclear grammatical construction in a crucial passage of the Treatises of Government, which can be resolved by following out a related set of arguments in that work. The ambiguities of the Lockean natural law’s grounding can then be (...) |
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This paper introduces a theory of ownership that is rooted in Israel Kirzner’s theory of entrepreneurship – The Entrepreneurial Theory of Ownership. Its central idea is that natural resources are not available to us automatically as other approaches to justice implicitly assume. Before we can use a resource, we need to do preparatory work in the form of making an entrepreneurial judgement on it. This fact, as I argue, makes it possible to put private ownership as a natural right on (...) |
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According to the standard story, there are two defensible theories of property rights: historical and institutional theories. The former says that you own something when you’ve received it via an unbroken chain of just transfers from its original appropriation. The latter says that you own something when you’ve been assigned it by just institutions. This standard story says that the historical theory throws up a barrier to redistributive economic policies while the institutional theory does not. In this paper, I argue (...) |
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It is tempting to think that zebras, goats, lions, and similar animals matter morally, but not in quite the same way people do. This might lead us to adopt a hybrid view of animal ethics such as ‘Utilitarianism for Animals; Deontology for People’. One of the core commitments of deontology is the Doctrine of Doing and Allowing (DDA): the view that doing harm is harder to justify than allowing harm. I explore how this core tenant of deontology applies to non-person, (...) |
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This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) |
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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 (...) |
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Within the small literature on homelessness in political philosophy, freedom-based accounts loom large. Such accounts, however, give rise to minimalism concerns: concerns that these accounts are too modest in what they demand for those who are homeless, particularly when homelessness is considered in the context of wealthier countries. In this paper, I consider the success of minimalism charges against freedom-based accounts of homelessness. I argue that whilst such charges are aptly levelled against two major freedom-based accounts, from Jeremy Waldron and (...) |
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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 (...) |
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In discourses on digitization and the data economy, it is often claimed that data subjects shall beownersof their data. In this paper, we provide a problem diagnosis for such calls fordata ownership: a large variety of demands are discussed under this heading. It thus becomes challenging to specify what—if anything—unites them. We identify four conceptual dimensions of calls for data ownership and argue that these help to systematize and to compare different positions. In view of this pluralism of data ownership (...) |
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This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. However, in my redescription, these so-called “original acquisition stories” appear as methodological devices for an analytic reduction and resolution of property into its fundamental elements and axioms. (...) |
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Journal of Political Philosophy, EarlyView. |
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This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting (...) |
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:Following Locke, philosophical discussion of private property has tended to focus on the acquisition of natural resources as central. In this paper I first pursue the idea that the resource paradigm doesn't apply to most developed economies, and show how this creates problems for many accounts of property. My second ambition is to draw a normative conclusion by showing that redistribution of wealth generated in the context of services is more difficult to justify compared with the natural resource paradigm philosophers (...) |
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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 (...) |
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In our commonplace understanding of property, the “right to exclude” is seen as its central and defining feature: to own is to exclude. This paper examines the cost, to conceptual and normative clarity, of this understanding. First, I argue that the right not to be excluded is a crucial if overlooked element not simply of liberal understandings of ownership, but even of the right to exclude itself. Second, I argue that our neglect of the right not to be excluded severely (...) |
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This essay examines the most recent justifications for a people's exclusive right to resources as part of a territorial right. Divided into eight parts, the discussion covers contemporary philosophical discussion regarding: the conception of natural resources, the conception of resource rights, the general form of arguments supporting resource rights, arguments from self-determination, objections to arguments from self-determination, arguments from residence, arguments from improvement, and new directions for research in the future. |
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This paper carries forward the conceptual clarification of normative theories of business ethics ably begun by Hasnas in the January 1998 issue of BEQ. This paper proposes a normatively neutral framework for discussing and assessing such normative theories. Every normative theory needs to address these seven issues: it needs to specify a moral principle that identifies (1) recommended values and (2) the grounds for accepting those values. It also must specify (3) a decision principle that business people who accept the (...) |
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Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on some difficulties (...) |
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There is currently a stalemate over the correct approach to legal liability. To take a prominent example, it remains a point of contention whether land owners should be held liable for injuries to trespassers. Many of those who insist that land owners should be held liable for injuries to trespassers maintain this for purely economic or pragmatic reasons. In contrast, those on the other side frequently defend their view on the grounds that, in such trespass cases, owners are not morally (...) |
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Controversy surrounds the ‘intrusion’ of the discourse of rights into workplace relationships. This is explored by examining the nature of rights through the analysis of the idea of a ‘right to manage’. Purported justifications of the right to manage in terms of either property or contract are shown to be inadequate, thus illustrating the need to incorporate a degree of consequentialism in the articulation and justification of rights. The value of a rights-approach is argued to lie in the identification of (...) |
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The role of critique in the Anglophone analytical tradition of philosophy of education is outlined and some of its shortcomings are noted, particularly its apparent claim to methodological objectivity in arriving at what are clearly contestable positions about the normative basis of education. Many of these issues can be seen to have a long history within European, and especially German, philosophy of education. In the light of this the discussion moves on to a consideration of similarities and contrasts between the (...) |
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Our aim is to provide an account of constitutive rules in terms of (1) the acceptance of regulative norms, and (2) a cognitive process we call “symbolization” (in an altogether different sense from what J. R. Searle means by this word). We claim, first, that institutional facts à la Searle boil down to facts concerning the collective acceptance of regulative norms in a given community. This, however, does not exhaust what institutional facts are. There is a residue, symbolization. Symbolization, as (...) |
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Sufficientarian libertarianism is a theory of justice that combines libertarianism’s focus on property rights and non-interference with sufficientarianism’s concern for the poor and needy. Persons are conceived as having stringent rights to direct their lives as they see fit, provided that everyone has enough to live a self-guided life. Yet there are different ways to combine libertarianism and sufficientarianism and hence different types of sufficientarian libertarianism. In the article I present and discuss three types, and I argue that the last (...) |
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