Intellectual property (IP) can internalize positive externalities associated with the creation and discovery of ideas, thereby increasing investment in efforts to create and discover ideas. However, IP law also causes negative externalities. Strict IP rights raise the transaction costs associated with consuming and building on existing ideas. This causes a tragedy of the anticommons, in which valuable resources are underused and underdeveloped. By disincentivizing creative projects that build on existing ideas, IP protection, even if it increases original innovation, can inadvertently (...) reduce the rate of iterative innovation. The net effect of IP law on innovation and welfare depends on the relative magnitude of these positive and negative externalities. We argue that the current regime probably suffers from excessive, and excessively rigid, IP protection. This motivates the search for institutional alternatives and complements. We suggest that a monocentric IP rights regime may not be the only, or the most efficient, way to internalize the positive externalities of innovation. The knowledge economy supports the emergence of diverse, polycentric forms of bottom-up self-governance, both market and community led, that entail the citizen coproduction of the norms and practices of intellectual creation and discovery. (shrink)

This paper contrasts the conceptions of "Nothigness" and "nihility" in Western continental philosophy and Japanese philosophy. The experience of the Self, and the experiences of the transcendent, are constructed upon the prevalent assumptions of the culture that the individual finds herself in. The question of the relationship between the "I" and the "World" is differently solved (or stabilized, fixed) in different cultures. I seek to defend and interrogate the claim that Japan's core metaphysical stance is that of non-dualistic non-essentialism. In (...) Takeuchi Yoshimi's words, "Japan is nothing." By contrast, Europe is "something" - e.g., history, space, structure, being. The European metaphysics of self-understanding, at least in some aspects of Continental thought, is based on the primacy of being over nothingness, whereas Japanese metaphysics is based on the non-duality of substance and insubstantiality. Japanese metaphysics, Japanese self-identity, is "zero." Japanese metaphysics, including Buddhism, is based on the idea of nonsubstantiality, i.e. groundlessness of Being. We could say that in Japan "the transcendental center that consolidates the system is absent" (Karatani 1990: 70). This analysis illuminates how differently, and still productively, the experience of nihilism can appear in Japan and in the West. (shrink)

In this paper, I assess John McDowell's paper "Avoiding the Myth of the Given" (2009) (AMG) and its theory of epistemological openness to the world. I trace its motivations back to Kantian, Sellarsian and Aristotelean roots. I argue that McDowell subscribes to a kind of Holistic Theory of Rationality (HTR). To explain the HTR, I will analyze the Sellarsian notions of the "Manifest Image," the "Myth of the Given" and the "logical space of reasons." I argue that the holistic nature (...) of McDowell's theory gives it particular properties that put it in need of conservatism, because all the elements of the theory "hang together" - i.e. cohere - in a dangerous fashion. I argue that McDowell cannot afford big changes without upsetting the apple-cart. With this in mind, I shall assess the merits and demerits of AMG, and its modified theory of perceptual content, as an attempted conservative reform of HTR. I want to argue that, taken independently, AMG is a good and important change, but taken holistically it is non-conservative, and disruptive, of the McDowellian picture. Thus, if we wish to proceed with the McDowellian path, we are led to a choice between rejecting the local reform (and retreating back to an earlier version) or demanding further explanations of its global implications. (shrink)

In his insightful book, Trust in a Polarized Age, Kevin Vallier (2021) convincingly shows that the legitimacy and sustainability of liberal democratic institutions are dependent upon the maintenance of social and institutional trust. This insight, I believe, has value beyond the illustrious halls of post-Rawlsian, post-Gausian thought. Indeed, while I remain skeptical towards some of the premises of public reason liberalism, I am convinced that any liberal democratic political philosopher who takes the trust literature seriously and who has made their (...) (pragmatic or principled) peace with redistribution has good reasons to sympathize with the general outlines of the institutional palette that emerges out of his book. In this article, I will take for granted Vallier’s assumption that the erosion of social and institutional trust is a serious problem. This motivates investigating the trust-bearing attributes of the redistributive welfare state and the “principle of social insurance” that underpins it. I reconstruct and critically analyse Vallier’s case for a liberal democratic welfare state. I show that he makes a convincing public reason argument for universal social insurance but proceeds too hastily to exclude the principle of unconditionality from consideration. The rest of my paper consists of defending this claim by presenting two kinds of arguments— empirical and theoretical—that I think public reason liberals like Vallier, according to their own commitments, should be motivated to incorporate into their comprehensive discussion of the public justifications for and against basic income. They will show that Universal Basic Income (UBI), although it remains contentious, has some features that could appeal to a diverse citizenry, and thus tilt the balance of public reason judgments towards UBI. (shrink)

As a response to the COVID-19 crisis, governments have turned to various discretionary measures such as cash transfers to consumers and businesses with mixed results. Universal Basic Income (UBI) is back on the agenda as well. One of the main advantages of UBI, as scholars like F.A. Hayek, Milton Friedman, and James M. Buchanan have argued, is that it does not depend upon competent and benevolent government discretion—which is often in short supply—but upon pre-established rules. This paper argues that the (...) UBI scheme holds tentative promise from the point of view of improving the institutional crisis preparedness of a complex socioeconomic order. The pre-established rules of UBI buttress the rule of law framework that improves the ability of economic agents to spontaneously coordinate their actions in times of crisis characterized by radical uncertainty, disequilibrium shocks, and institutional instability. Furthermore, UBI combines the distribution of fungible resources with the delegation of independent decision-making power to millions of crisis-struck individuals and communities. Compared to discretionary tax-and-transfer schemes, the rules of UBI therefore appear more compatible with the polycentric discovery of novel solutions from the bottom-up. In times of crisis, UBI may be relied upon as one cornerstone of what I shall call the permanent crisis management framework. Having such a permanent scheme may minimize - although it does not altogether eliminate - the need for discretionary transfers, targeted intervention, and technocratic management in times of crisis. However, this theoretical model of UBI as a facilitator of polycentric crisis preparedness faces several practical challenges that need to be addressed in further research. (shrink)

In a number of works, James M. Buchanan set out a proposal for a ‘demogrant’— a form of universal basic income that applied the principles of generality and non discrimination to the tax and the transfer sides of the scheme and was to be implemented as a constitutional rule outside the realm of day-to-day politics. The demogrant has received surprisingly little scholarly attention, but this article locates it in Buchanan’s broader constitutional political economy project and shows it was a logical (...) application of his theoretical framework to the problem of inefficient and unfair welfare systems when reform to the basic institutions of majoritarian democracy was not forthcoming. The demogrant aims to end the problems of majority cycling and rent seeking that plague contemporary welfare states and therefore offers a model of welfare without rent seeking—a constitutional welfare state. We compare Buchanan’s demogrant model to other universal basic income and negative income tax models and consider the most important criticisms. We conclude that rescuing the demogrant model from relative obscurity would be a fruitful future task of applied constitutional political economy and public choice. (shrink)

Universal Basic Income (UBI) has been proposed as a potential way in which welfare states could be made more responsive to the ever-shifting evolutionary challenges of institutional adaptation in a dynamic environment. It has been proposed as a tool of “real freedom” (Van Parijs) and as a tool of making the welfare state more efficient. (Friedman) From the point of view of complexity theory and evolutionary economics, I argue that only a welfare state model that is “polycentrically” (Polanyi, Hayek) organized (...) as an evolving network of distributed decision-making can respond to the challenges of complexity in an adaptively efficient manner. UBI has the theoretical possibility to facilitate flexible, bottom-up innovation, since a) it embodies the “rule of law” principles of generality, nondiscrimination, simplicity, and transparency, and b) it grants people widespread freedom to experiment, innovate, and deviate from established practices and norms; but whether it can be made to work as intended depends on a number of variables in its design. I situate my research in the contemporary UBI debate around automation and technological development, which I interpret creatively through the lens of contemporary evolutionary political economy. I advance a syncretic model of institutional design based upon the shared insights of the Santa Fe, Neo-Hayekian, and Neo-Schumpeterian schools of evolutionary economics that, following Adam Thierer and Michael Munger, I call the framework of Permissionless Innovation (PI). Under the PI framework, which is a development of the tradition of evolutionary liberalism (Hume, Smith, Mandeville, Mill, Hayek, Polanyi, Schumpeter, Hodgson), individuals are granted the default right to innovate without having to ask for permission, and the right to basic income, which they can use to support their right to innovate, mutate, and experiment. This framework is a liberal framework to the extent it relies on widespread human freedom as a means of fostering innovation and social learning. And it is an evolutionary framework to the extent that it seeks to facilitate evolutionary socioeconomic processes for the sake of social progress and welfare advancement. I proceed to show, through an analysis of how innovation operates in both the economy and the cultural domain, that UBI can be used as an important cornerstone of an evolutionary liberal model of “ecostructural” governance that treats the socioeconomic order as an ecological garden of spontaneous growths, adaptations, and innovations. I call this the Permissionless Innovation Universal Basic Income (PIUBI) framework. In it, the right to innovate, deviate, and mutate is upheld as the “gold standard” of institutional design whereby individuals are granted widespread freedoms combined with the provision of UBI and other innovation-fostering (carefully bound) services and regulations. In the coming decades, UBI may even enable poor people to take better advantage of Human Enhancement Technologies (HETs) and other experimental innovations. Such a framework is compatible with a fast pace of evolutionary development, but the regulatory model accompanying such a framework must be capable of responding to evolutionary lock-ins, maladaptive innovations, self-destructive behaviour on the part of UBI recipients, and the management of catastrophic and existential risks. In the end, I will have shown that the PIUBI framework can be justified as a plausible default institutional mechanism for responding to radical uncertainty, but it needs to be experimentally adapted to changing circumstances with the help of various situation-specific, polycentric, multi-level, approaches. (shrink)