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 (...) as original appropriation against the background of a general justification for a practice of property rights. On this view, what I will call ‘natural’ acts of original appropriation are acts by which a person begins to satisfy the general conditions for justified ownership. Finally, I offer an interpretation of John Locke's theory of appropriation along these lines and argue that it provides an attractive reading of his view. (shrink)

"The growing interest in human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this have gathered to fill this gap. Divided in three parts, firstly the Kantian notion of (...) human rights is explored, with particular emphasis on how it applies to levels of government beyond the state. The second part explores the scope of human rights, including the contentious questions of whether it includes welfare rights and freedom of speech across borders. The topic of the final section is human rights institutions, with a special focus on the legitimacy of international human rights courts. Human rights have become a force to reckon with in international politics. This book, written by an international team of specialists on Kant and human rights, contributes to understanding a major political development of our times"--. (shrink)

In his book Slaves of the Passions, Mark Schroeder defends a Humean theory of reasons. Humeanism is the view that you have a reason to X only if X‐ing promotes at least one of your desires. But Schroeder rejects a natural companion theory of the weight of reasons, which he calls proportionalism. According to it, the weight of a reason is proportionate to the strength of the desire that grounds it and the extent to which the act promotes the object (...) of that desire. In this paper, I aim to do three things: (1) to show why Schroeder's arguments against proportionalism do not refute it; (2) to identify the real trouble with proportionalism; and (3) to suggest a better way of understanding it (preferentialism). According to this theory, the overall strength of reasons is determined by the agent's preferences. (shrink)

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

My aim in this essay is to explore the nature and force of “original-acquisition” justifications of private property. By “original-acquisition” justifications, I mean those arguments which purport to establish or importantly contribute to the moral defense of private property by: offering a moral/historical account of how legitimate private property rights for persons first arose ; offering a hypothetical or conjectural account of how justified private property could arise from a propertyless condition; or simply defending an account of how an individual (...) can make private property in some previously unowned thing . The “original acquisition” to which such justifications centrally refer, then, may be either the first instance of legitimate private property in human history , or only the first legitimate acquisition of some particular thing . But in either case, the justification will involve or entail the defense of one or more moral principles specifying how unowned things can become privately owned — that is, the defense of the kind of principles Robert Nozick has called “principles of justice in acquisition.”. (shrink)

Two of the greatest challenges facing humanity are environmental degradation and the persistence of poverty. Both can be met by instituting a Global Resources Dividend (GRD) that would slow pollution and natural-resource depletion while collecting funds to avert poverty worldwide. Unlike Hillel Steiner's Global Fund, which is presented as a fully just regime governing the use of planetary resources, the GRD is meant as merely a modest but widely acceptable and therefore realistic step toward justice. Paula Casal has set forth (...) various ways in which this step might be improved upon. Solid counter-arguments can be given to her criticisms and suggestions. But to specify the best (effective and realizable) design of an appropriate global institutional mechanism with some confidence, economists, political scientists, jurists, environmental scientists, and activists would need to be drawn in to help think through the immense empirical and political complexities posed by this urgent task. (shrink)

I present an argument for an interpretation ofKant's views on the nature of the ‘content [Inhalt]’ of ‘cognition [Erkenntnis]’. In contrast to one of the longest standing interpretations ofKant's views on cognitive content, which ascribes toKant a straightforwardly psychologistic understanding of content, and in contrast as well to the more recently influential reading ofKant put forward byMcDowell and others, according to whichKant embraces a version ofRussellianism, I argue thatKant's views on this topic are of a much moreFregean bent than has (...) traditionally been admitted or appreciated. I conclude by providing a sketch of how a better grasp ofKant's views on cognitive content in general can help bring into sharper relief what is, and what is not, at stake in the recent debates over whether Kant accepts a particular kind of cognitive content—namely, non‐conceptual content. (shrink)

Liberal defences of nationalism have become prevalent since the mid-1980 s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached (...) the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as liberal nationalism . The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. (shrink)