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)

The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the (...) relationship between national and global justice. Conversely, the theoretical and practical problems posed by intellectual property are increasingly relevant to bioethics and philosophy and public policy, as well as to more established areas of moral and political philosophy. Perhaps this is just to say that the philosophy of intellectual property is coming into its own as a distinct field of intellectual endeavour, providing a place where legal theorists and philosophers can have the sorts of discussions - neither reducible to questions about what the law is, nor wholly divorced from contemporary legal problems - which typify debates about freedom of expression, discrimination and human rights. These are all areas in which legal and philosophical ideas influence each other at the level of method as well as of substance. My hope is that this collection of essays will appeal to those who, whatever their professional specialty or training, share an interest in the philosophy of intellectual property, and that it will build upon and advance existing interdisciplinary dialogue and research in this complex, fascinating, and important area. Authors include John Christman, Stephen Munzer, Alex Rosenberg, Geert Demunijck, Laura Biron, James Wilson . (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied (...) to aesthetic creations is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

This essay examines the metaphysical foundation of Leibniz’s theory of space against the backdrop of the subtantivalism/relationism debate and at the ontological level of material bodies and properties. As will be demonstrated, the details of Leibniz’ theory defy a straightforward categorization employing the standard relationism often attributed to his views. Rather, a more careful analysis of his metaphysical doctrines related to bodies and space will reveal the importance of a host of concepts, such as the foundational role of (...) God, the holism of both geometry and the material world’s interconnections, and the viability and adequacy of a property theory in characterizing his natural philosophy of space. (shrink)

Sensibility, in any of its myriad realms – moral, physical, aesthetic, medical and so on – seems to be a paramount case of a higher-level, intentional property, not a basic property. Diderot famously made the bold and attributive move of postulating that matter itself senses, or that sensibility (perhaps better translated ‘sensitivity’ here) is a general or universal property of matter, even if he at times took a step back from this claim and called it a “supposition.” (...) Crucially, sensibility is here playing the role of a ‘booster’: it enables materialism to provide a full and rich account of the phenomena of conscious, sentient life, contrary to what its opponents hold: for if matter can sense, and sensibility is not a merely mechanical process, then the loftiest cognitive plateaus are accessible to materialist analysis, or at least belong to one and the same world as the rest of matter. This was noted by the astute anti-materialist critic, the Abbé Lelarge de Lignac, who, in his 1751 Lettres à un Amériquain, criticized Buffon for “granting to the body [la machine, a common term for the body at the time] a quality which is essential to minds, namely sensibility.” This view, here attributed to Buffon and definitely held by Diderot, was comparatively rare. If we look for the sources of this concept, the most notable ones are physiological and medical treatises by prominent figures such as Robert Whytt, Albrecht von Haller and the Montpellier vitalist Théophile de Bordeu. We then have, or so I shall try to sketch out, an intellectual landscape in which new – or newly articulated – properties such as irritability and sensibility are presented either as an experimental property of muscle fibers, that can be understood mechanistically (Hallerian irritability, as studied recently by Hubert Steinke and Dominique Boury) or a property of matter itself (whether specifically living matter as in Bordeu and his fellow montpelliérains Ménuret and Fouquet, or matter in general, as in Diderot). I am by no means convinced that it is one and the same ‘sensibility’ that is at issue in debates between these figures (as when Bordeu attacks Haller’s distinction between irritability and sensibility and claims that ‘his own’ property of sensibility is both more correct and more fundamental in organic beings), but I am interested in mapping out a topography of the problem of sensibility as property of matter or as vital force in mid-eighteenth-century debates – not an exhaustive cartography of all possible positions or theories, but an attempt to understand the ‘triangulation’ of three views: a vitalist view in which sensibility is fundamental, matching up with a conception of the organism as the sum of parts conceived as little lives (Bordeu et al.); a mechanist, or ‘enhanced mechanist’ view in which one can work upwards, step by step from the basic property of irritability to the higher-level property of sensibility (Haller); and, more eclectic, a materialist view which seeks to combine the mechanistic, componential rigour and explanatory power of the Hallerian approach, with the monistic and metaphysically explosive potential of the vitalist approach (Diderot). It is my hope that examining Diderot in the context of this triangulated topography of sensibility as property sheds light on his famous proclamation regarding sensibility as a universal property of matter. (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)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of (...) basic liberties, such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic (...) inequalities observe equality of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. (...) It examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

Andy Curzon replied (often quoting from the opening sections of Lester 2014, chapter 10) in an ongoing debate with Lee Waaks, which Mr Waaks forwarded (with approval) to the Libertarian Alliance Forum (27 February 2015). This response replies to the criticisms after directly quoting them (the indented text; except where Lester is occasionally quoted, as indicated). A few cuts have been made to avoid some repetition and irrelevance. However, just as Mr Curzon sometimes repeats his main points in slightly different (...) ways and contexts in the hope that some of them might prove cogent, so this reply does the same. The dialogue-like result seems to engage more directly and completely than producing a new stand-alone exposition. And some new arguments are even developed in the process. But the full nature of many of the criticisms and replies often only becomes clear as the “dialogue” proceeds. An addendum then rebuts two further brief critical responses in the same manner. (shrink)

The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East (...) FTA of 2013. The first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA. (shrink)

Revised and reprinted in Handbook of Philosophical Logic, volume 10, Dov Gabbay and Frans Guenthner (eds.), Dordrecht: Kluwer, (2003). -- Two sorts of property theory are distinguished, those dealing with intensional contexts property abstracts (infinitive and gerundive phrases) and proposition abstracts (‘that’-clauses) and those dealing with predication (or instantiation) relations. The first is deemed to be epistemologically more primary, for “the argument from intensional logic” is perhaps the best argument for the existence of properties. This argument is (...) presented in the course of discussing generality, quantifying-in, learnability, referential semantics, nominalism, conceptualism, realism, type-freedom, the first-order/higher-order controversy, names, indexicals, descriptions, Mates’ puzzle, and the paradox of analysis. Two first-order intensional logics are then formulated. Finally, fixed-point type-free theories of predication are discussed, especially their relation to the question whether properties may be identified with propositional functions. (shrink)

Revised and reprinted; originally in Dov Gabbay & Franz Guenthner (eds.), Handbook of Philosophical Logic, Volume IV. Kluwer 133-251. -- Two sorts of property theory are distinguished, those dealing with intensional contexts property abstracts (infinitive and gerundive phrases) and proposition abstracts (‘that’-clauses) and those dealing with predication (or instantiation) relations. The first is deemed to be epistemologically more primary, for “the argument from intensional logic” is perhaps the best argument for the existence of properties. This argument is (...) presented in the course of discussing generality, quantifying-in, learnability, referential semantics, nominalism, conceptualism, realism, type-freedom, the first-order/higher-order controversy, names, indexicals, descriptions, Mates’ puzzle, and the paradox of analysis. Two first-order intensional logics are then formulated. Finally, fixed-point type-free theories of predication are discussed, especially their relation to the question whether properties may be identified with propositional functions. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of (...) property is an invisible-hand function of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

In a lengthy review article, C. Anthony Anderson criticizes the approach to property theory developed in Quality and Concept (1982). That approach is first-order, type-free, and broadly Russellian. Anderson favors Alonzo Church’s higher-order, type-theoretic, broadly Fregean approach. His worries concern the way in which the theory of intensional entities is developed. It is shown that the worries can be handled within the approach developed in the book but they remain serious obstacles for the Church approach. The discussion (...) focuses on: (1) the fine-grained/coarse-grained distinction, (2) proper names and definite descriptions, (3) the paradox of analysis and Mates’ puzzle, and (4) the logical, semantical, and intentional paradoxes. (shrink)

This essay is intended to be a refutation of the main thesis in Against Intellectual Property, Kinsella 2008 (hereafter, K8). Points of agreement, relatively trivial disagreement, and irrelevant issues will largely be ignored, as will much repetition of errors in K8. Otherwise, the procedure is to go through K8 quoting various significantly erroneous parts as they arise and explaining the errors involved. It will not be necessary to respond at the same length as K8 itself.

Open science (OS) is considered the new paradigm for science and knowledge dissemination. OS fosters cooperative work and new ways of distributing knowledge by promoting effective data sharing (as early and broadly as possible) and a dynamic exchange of research outcomes, not only publications. On the other hand, intellectual property (IP) legislation seeks to balance the moral and economic rights of creators and inventors with the wider interests and needs of society. Managing knowledge outcomes in a new open (...) research and innovation ecosystem is challenging and should become part of the EU’s IP strategy, underpinning EU policies with the new open science–open innovation paradigm. (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of (...) justice. (shrink)

For the past three years, Coronavirus-19 (Covid-19) has become one of the major global health problems. Unlike any previous virus in the past decades, Covid-19 has shown its unprecedented spreading speed, infection rate, fatality rate, etc. Under this urgent disease outbursting event, scientists around the globe, through the myriad of research and experiments, successfully developed effective vaccines. However, like many other medical innovations, Covid-19 vaccines are categorized as intellectual properties and a scarce resource. As a consequence, the citizens of (...) developed and developing countries face an imbalanced distribution of affordable vaccines. The formation of this issue is not only due to manufacturing, transportation, and other infrastructures, but also strongly correlated with aspects in the legal field, such as intellectual property rights (IPRs). With a humane common sense of vaccination many people, through comparative research method, this article aims to discuss the conflicts between the global crisis of Force Majeure and the interests of certain countries or corporations, possible solutions to resolve this conflict, and future coping strategies that ought to be published. (shrink)

Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: (...) to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

This paper provides a critique of the contemporary notion of intellectual property based on the consequences of Wittgenstein's “private language argument”. The reticence commonly felt toward recent applications of patent law, e.g., sports moves, is held to expose erroneous metaphysical assumptions inherent in the spirit of current IP legislation. It is argued that the modern conception of intellectual property as a kind of natural right, stems from the mistaken internalist or Augustinian picture of language that Wittgenstein (...) attempted to diffuse. This view becomes persuasive once it is shown that a complete understanding of the argument against private language must include Wittgenstein's investigation of the role of the will in the creative process. It is argued that original thought is not born by decree of the will, but engendered by a public context of meaning and value. What marks a person as a genius is, therefore, according to Wittgenstein, not some sovereign capacity of conceptual world-making, but merely a propitious dose of intellectual courage. (shrink)

This book defines 'nanowares' as the ideas and products arising out of nanotechnology. Koepsell argues that these rapidly developing new technologies demand a new approach to scientific discovery and innovation in our society. He takes established ideas from social philosophy and applies them to the nanoparticle world. In doing so he breaks down the subject into its elemental form and from there we are better able to understand how these elements fit into the construction of a more complex system of (...) products, rules and regulations about these products. (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

Causal structuralism is the view that, for each natural, non-mathematical, non-Cambridge property, there is a causal profile that exhausts its individual essence. On this view, having a property’s causal profile is both necessary and sufficient for being that property. It is generally contrasted with the Humean or quidditistic view of properties, which states that having a property’s causal profile is neither necessary nor sufficient for being that property, and with the double-aspect view, which states that (...) causal profile is necessary but not sufficient. Shoemaker’s (1998) and Hawthorne’s (2001) arguments in favor of causal structuralism primarily focus on problematic consequences of the other two views. I argue, however, that causation does not provide an appropriate framework within which to characterize all physical properties for two main reasons. First, there are physical properties that do not have causal profiles and properties whose causal profiles do not exhaust their essences. Second, there is no unified notion of causation across the sciences. After distinguishing between the causal and the nomological, I suggest that what is needed is a structuralist view of properties that is not merely causal but that incorporates a physical property’s higher-order mathematical and nomological properties into its identity conditions. Such a view retains the naturalistic motivations for causal structuralism while avoiding the problems it faces. (shrink)

The homeostatic property cluster theory is widely influential for its ability to account for many natural-kind terms in the life sciences. However, the notion of homeostatic mechanism has never been fully explicated. In 2009, Carl Craver interpreted the notion in the sense articulated in discussions on mechanistic explanation and pointed out that the HPC account equipped with such notion invites interest-relativity. In this paper, we analyze two recent refinements on HPC: one that avoids any reference to the causes (...) of the clustering of properties and one that replaces homeostatic mechanisms with causal networks represented by causal graphs. We argue that the former is too slender to account for some inductive inference in science and the latter, thicker account invites interest-relativity, as the original HPC does. This suggests that human interest will be an un-eliminative part of a satisfactory account of natural kindness. We conclude by discussing the implication of interest-relativity to the naturalness, reality, or objectivity of kinds and indicating an overlooked aspect of natural kinds that requires further studies. (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests (...) that comparative psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms?one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience?which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

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 that the standard story is wrong in almost every detail. For a start, neither of these theories are defensible. Both generate absurd consequences when combined with our non-ideal circumstances. In actuality, no unbroken chains of just transfers stretch from original appropriation to what we now possess. And our actual institutions are very seriously unjust. So both theories imply that we actually own almost nothing. I revise these theories so that they avoid this absurd consequence. Yet, when we do this, their distributive implications flip. The institutional theory throws up serious barriers to redistribution while the historical theory tears them down. In our non-ideal circumstances, the distributive implications of these theories are the opposite of what is standardly presumed. (shrink)

David Lewis may be regarded as an antiessentialist. The reason is that he is said to believe that individuals do not have essential properties independent of the ways they are represented. According to him, indeed, the properties that are determined to be essential to individuals are a matter of which similarity relations among individuals are salient, and salience, in turn, is a contextual matter also determined to some extent by the ways individuals are represented. Todd Buras argues that the acknowledgment (...) of natural properties in counterpart theoretic ontology affects Lewis’s theory with regard to essentialism. Buras’s reasoning is appealing. He claims that, since natural properties determine the existence of similarity relations among individuals that are salient independent of context, Lewis can no longer be claimed to be an antiessentialist. The aim of this paper is to argue, against Buras, that if counterpart theory was antiessentialist before natural properties were taken into account, then it remains so afterwards. (shrink)

A first-order theory T has the Independence Property provided deduction of a statement of type (quantifiers) (P -> (P1 or P2 or .. or Pn)) in T implies that (quantifiers) (P -> Pi) can be deduced in T for some i, 1 <= i <= n). Variants of this property have been noticed for some time in logic programming and in linear programming. We show that a first-order theory has the Independence Property for the class (...) of basic formulas provided it can be axiomatized with Horn sentences. The existence of free models is a useful intermediate result. The independence Property is also a tool to decide that a sentence cannot be deduced. We illustrate this with the case of the classical Caratheodory theorem for Pasch-Peano geometries. (shrink)

This is the only complete logic for properties, relations, and propositions (PRPS) that has been formulated to date. First, an intensional abstraction operation is adjoined to first-order quantifier logic, Then, a new algebraic semantic method is developed. The heuristic used is not that of possible worlds but rather that of PRPS taken at face value. Unlike the possible worlds approach to intensional logic, this approach yields a logic for intentional (psychological) matters, as well as modal matters. At the close of (...) the paper, the origin of incompleteness in logic is investigated. The culprit is found to be the predication relation, a relation on properties and relations that is expressed in natural language by the copula. (shrink)

This chapter presents the meeting points and conflicts between Arthur Danto’s philosophy of art and George Dickie’s avowedly succeeding theory. Its focus is on the internalist-externalist debate on the ontology of the artwork as created and perceived within the artworld. It shows that both Danto and Dickie developed anti-formalist theories, that contributed to the demise of aesthetic modernism. Inverting the formalist distinction between internal and external properties of the artwork, they classified the sensuous properties of the artwork as secondary (...) in its essence and identity. Accordingly, Danto and Dickie’s definitions of art emerged from the challenge “to be consistent with art appearing in every possible way.” Both negated the Neo-Wittgensteinians’s proposal to forgo the project of defining art and found the then-new pluralism to be revealing of the essence of art, directing philosophy to art’s nonexhibited infrastructure – beyond the reach of the eye. Across from this, the chapter presents their opposing ideas as revealed through different analyses of the concept of the “artworld”: as an intellectual sphere by Danto versus an institutional one by Dickie. Danto’s internalist/intentionalist ontology begins with the mental and stretches to its embodying material. Opposing it, Dickie’s externalist ontology points to social practices as constituting the artwork, which is attributed with the status of “arthood” by agents in its social sphere. Accordingly, I claim, Danto’s ontology is more versatile than Dickie’s. -/- . (shrink)

The idea that human beings are intellectually self-governing plays two roles in free-speech theory. First, this idea is frequently called upon as part of the justification for free speech. Second, it plays a role in guiding the translation of free-speech principles into legal policy by underwriting the ascriptive framework through which responsibility for certain kinds of speech harms can be ascribed. After mapping out these relations, I ask what becomes of them once we acknowledge certain very general and profound (...) limitations in people's capacity for intellectual self-governance. I argue that acknowledging these limitations drastically undermines the putative justifications for free speech of the type that I identify in the first part of the paper. I then show how we can reformulate an account of intellectual and doxastic responsibility on which we may still be held responsible for what we think or believe even though we lack agent-causal capacities in our thinking and believing. Then, in light of this ascriptive account of intellectual responsibility, I show how the key ideahave minds of their owncan (and should) still play a significant role in guiding the legislative outworkings of free speech. (shrink)

This dissertation argues that we have no good reason to accept any one theory of properties as correct. To show this, I present three possible bases for theory-choice in the properties debate: coherence, explanatory adequacy, and explanatory value. Then I argue that none of these bases resolve the underdetermination of our choice between theories of properties. First, I argue considerations about coherence cannot resolve the underdetermination, because no traditional theory of properties is obviously incoherent. Second, I argue (...) considerations of explanatory adequacy cannot resolve the underdetermination, because every traditional theory of properties lacks the theoretical resources to adequately explain resemblance, causal powers, and predication. However, these inadequacies are easily remedied with theoretical modifications. But this results in an overabundance of modified, but adequate, theories of properties. Third, I argue explanatory virtues cannot resolve the underdetermination, because we have no reason to think explanatory virtues make theories of properties more likely to be true. I reject the common argument that explanatory virtues are truth-conducive in theories of properties because they are truth-conducive in scientific theories. Since none of the three bases for theory choice can resolve the underdetermination, I conclude that we have no good reason to accept any one theory of properties as correct. Finally, I consider the possibility of choosing one theory over the others on pragmatic grounds. But I argue that pragmatic grounds cannot resolve the underdetermination either. Instead, I suggest we accept the view I call 'instrumental pluralism,' which allows practitioners to use whatever theory of properties they find useful. Adviser: Jennifer McKitrick. (shrink)

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market (...) mechanism of appropriation can be understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

Many attempts to define privacy have been made over the last century. Early definitions and theories of privacy had little to do with the concept of information and, when they did, only in an informal sense. With the advent of information technology, the question of a precise and universally acceptable definition of privacy in this new domain became an urgent issue as legal and business problems regarding privacy started to accrue. In this paper, I propose a definition of informational privacy (...) that is simple, yet strongly tied with the concepts of information and property. Privacy thus defined is similar to intellectual property and should receive commensurate legal protection. (shrink)

I here defend a theory consisting of four claims about ‘property’ and properties, and argue that they form a coherent whole that can solve various serious problems. The claims are (1): ‘property’ is defined by the principles (PR): ‘F-ness/Being F/etc. is a property of x iff F’ and (PA): ‘F-ness/Being F/etc. is a property’; (2) the function of ‘property’ is to increase the expressive power of English, roughly by mimicking quantification into predicate position; (3) (...) property talk should be understood at face value: apparent commitments are real and our apparently literal use of ‘property’ is really literal; (4) there are no properties. In virtue of (1)–(2), this is a deflationist theory and in virtue of (3)–(4), it is an error theory. (1) is fleshed out as a claim about understanding conditions, and it is argued at length, and by going through a number of examples, that it satisfies a crucial constraint on meaning claims: all facts about ‘property’ can be explained, together with auxiliary facts, on its basis. Once claim (1) has been expanded upon, I argue that the combination of (1)–(3) provides the means for handling several problems: they help giving a happy-face solution to what I call the paradox of abstraction , they form part of a plausible account of the correctness of committive sentences, and, most importantly, they help respond to various indispensability arguments against nominalism. (shrink)

What is the research for in the society? We may imagine the professionals engaged in these activities, shall we say, university professors, researchers in the public and private institutions, and even the lay inventors at home or in the neighborhood. The research is related with some of knowledge or ideas, which, however, should be creative and original. It is the main function of those professionals, and can develop in dissemination of the findings produced by research. It frontiers the knowledge of (...) humans which enables a better view of world and generates the public welfare. The scholars are often those professionals who are required or in some cases, squeezed to produce an original contribution to the specific field of academy. As the society develops, we now require a scientific knowledge beyond the plain understanding of the nature and society. The scientific knowledge is qualified of some elements, i.e., evidence-based, universal frame to be applied, sense of understanding, pragmatic in comprehension or application, more persuasion on theory, paradigm, typologies, intersubjectivity, empirical relevance and so. It informs a philosophy of humans, makes them conscientious and knowledgeable, as well as enhances a professional performance for not only their field but also other disciplines. For example, the criminal justice system borrows the idea or information confirmed by other disciplines, psychology and sociology notably. What is the Durham rule in the excuse of culpability? The scope of rule could not enjoy a persuasion if not to be supported by the works of psychologists. The scientific knowledge perhaps could recourse its most salient dynamism in coupling with an economic exploitation. A cultivation of knowledge to serve the economic use and its industrialization reveals it’s competitive edge in the society. The kind of concepts, information age, e-technology, and intellectual property rights are leading the present time of narrative as we see routinely. Many new laws, and new concept of e-education or e-government, GMO products as well as the travel of universe in the near future also follow that the updated profile of scientific knowledge on the engineering and natural science contributed to expand our horizon of subsistence. With this crucial importance, the author attempts to file some thoughts on the research and society. (shrink)

Suppose justice depends on some very unlikely good behavior. In that case the true (or correct, or best) theory of justice might have no practical value. But then, what good would it be? I consider analogies with science and mathematics in order to test various ways of tying their the value of intellectual work to practice, though I argue that these fail. If their value, or that of some political theory, is not practical then what is good (...) about them? As for political theory, I consider the question of what would even count as an answer to this question, and I conclude with the tentative proposal that it is valuable to come to understand something that is, itself, important. (shrink)

This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about (...) the lack of democratic oversight, accountability and participation involved in grants of intellectual property. The paper claims that we should take these worries seriously, whether or not we think HGPs immoral. (shrink)

Property-identical divine-command theory (PDCT) is the view that being obligatory is identical to being commanded by God in just the way that being water is identical to being H2O. If these identity statements are true, then they express necessary a posteriori truths. PDCT has been defended in Robert M. Adams (1987) and William Alston (1990). More recently Mark C. Murphy (2002) has argued that property-identical divine-command theory is inconsistent with two well-known and well-received theses: the free-command (...) thesis and the supervenience thesis. I show that Murphy's argument is vitiated by mistaken assumptions about the substitutivity of metaphysical identicals in contexts of supervenience. The free-command thesis and the supervenience thesis therefore pose no serious threat to PDCT. (Published Online August 11 2004). (shrink)

Higher-order theories of properties, relations, and propositions are known to be essentially incomplete relative to their standard notions of validity. It turns out that the first-order theory of PRPs that results when first-order logic is supplemented with a generalized intensional abstraction operation is complete. The construction involves the development of an intensional algebraic semantic method that does not appeal to possible worlds, but rather takes PRPs as primitive entities. This allows for a satisfactory treatment of both the modalities and (...) the propositional attitudes, and it suggests a general strategy for developing a comprehensive treatment of intensional logic. (shrink)

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political (...) settlement, and its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

The paper presents a new theory of perceptual demonstrative thought, the property-dependent theory. It argues that the theory is superior to both the object-dependent theory (Evans, McDowell) and the object-independent theory (Burge).