In The Age of the World Picture, philosopher Martin Heidegger claims that scientific representations do not reduce themselves to pure appropriations of what they present. Rather, they convey investigations that confine being to rules of appropriation. Those rules govern how natural science accesses phenomena. The choice of natural science as the predominant mode of representation of reality entails what Heidegger calls a process of objectification (Vergegenständlichung). In his Zollikon Seminars, Heidegger questions the tribute paid by the sciences of the (...) mind to the logic of the natural sciences, and stresses that Freud, by thinking of the mind as a machine driven by instinctive powers, assigns to human phenomena the objective features set by the natural sciences. This paper purports to show that Winnicott, by formulating a theory of personal maturing, disagrees with the objectifying requirements of the natural sciences. For Winnicott, traditional psychoanalysis uses categories that are inadequate for describing the changes babies undergo in the environment that gives them care and attention, because its analysis is confined to the field of libido relations. With that in mind, it is not possible to speak about human maturation processes using an objectifying language; Winnicott stresses (in The newborn and his mother) that “I cannot sacrifice a patient on the altar of science”. This paper argues that Winnicott disagrees with the naturalistic imperative, which reduces the real to what is objective and places physics as a model for the sciences. The paper also broaches on the issue of how far the considerations of Heidegger and Winnicott regarding access to human phenomena allow us to discuss the current overwhelming process of medicating everyday life. (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)

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)

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) (...) class='Hi'>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)

In this paper I argue for the importance of treating mental experience on its own terms. In defense of “experiential realism” I offer a critique of modern psychology’s all-too-frequent attempts to effect an objectification and quantification of personal subjectivity. The question is “What can we learn about experiential reality from indices that, in the service of scientific objectification, transform the qualitative properties of experience into quantitative indices?” I conclude that such treatment is neither necessary for realizing, nor sufficient (...) for capturing, subjectively given states (such as perception, pain, imagery, fear, thought, memory) – that is, for understanding many of the principle objects of psychological inquiry. A “science of mind” that approaches its subject matter from a third-person perspective should, I contend, be treated with a healthy amount of informed skepticism. (shrink)

This paper examines the need for static dispositions within the basic ontology of the powers view of properties. To lend some focus, Neil Williams’s well developed case for static dispositions is considered. While his arguments are not necessarily intended to address fundamental ontology, they still provide a useful starting point, a springboard for diving into the deeper metaphysical waters of the dispositionalist approach. Within that ontological context, this paper contends that Williams’s arguments fail to establish the need to posit static (...) dispositions, or at least any sort not already well appreciated by advocates of the powers view. The paper then proceeds to suggest an alternative motivation for positing static dispositions, the success of which depends greatly on which ontological approach to objects is paired with the powers view. (shrink)

It is surprisingly difficult to justify private property. Two questions are at stake: (a) a metaphysical and juridical one concerning the nature of property and (b) an ethical one concerning our attitude toward wealth. This issue reached an unprecedented importance during the 12th and 13th centuries as a new moral ideal emerged. This essays analyses the controversy (with emphasis on Bonaventure’s Defense of the Mendicants) by first locating it in relation to the philosophical and theological authorities as well (...) as the Roman law. It argues that the dispute between the defenders of paupertas altissima and their opponents concerns the limit of the law. Gerard of Abbeville and John XXII saw a contradiction in a right to use that would exclude ownership. Yet, what the Franciscans were seeking was use without right. To relate to the world as something that is essentially inappropriable is to seek a form of life (a rule) prior to the law. Centuries after, such a possibility remains to be discovered. (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)

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)

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)

In this paper, I discuss a specific approach to measuring and comparing the simplicity of theories that is based on Lewis’s notion of fundamental properties. In particular, I discuss the criterion of simplicity as stated by Williams. According to Williams, the best candidate for a theory is the one which has the shortest definition in terms of fundamental properties. The aim of this paper is to show that the criterion thus specified has two constraints. First, the criterion is not applicable (...) to cases in which candidates for theories that specify fundamental properties are compared. Secondly, the applicability of the criterion in social sciences seems to be unwarranted. (shrink)

This is a review of "Properties and Propositions: The Metaphysics of Higher-Order Logic" by Robert Trueman. Following an overview of the main themes of the book, I discuss the metaphysical presuppositions of Trueman's Fregean notation for predicate abstraction and evaluate his argument for strict typing.

Arguments are given against the thesis that properties and propositional functions are identical. The first shows that the familiar extensional treatment of propositional functions -- that, for all x, if f(x) = g(x), then f = g -- must be abandoned. Second, given the usual assumptions of propositional-function semantics, various propositional functions (e.g., constant functions) are shown not to be properties. Third, novel examples are given to show that, if properties were identified with propositional functions, crucial fine-grained intensional distinctions would (...) be lost. (shrink)

This paper explores the connection between two philosophical debates concerning the nature of properties. The first metaethical debate is about whether normative properties are ordinary natural properties or some unique kind of non-natural properties. The second metaphysical debate is about whether properties are sets of objects, transcendent or immanent universals, or sets of tropes. I argue that nominalism, transcendent realism, and immanent realism are not neutral frameworks for the metaethical debate but instead lead to either metaethical naturalism or non-naturalism. We (...) can therefore investigate the metaethical question on its own terms only within the framework of trope theory. (shrink)

Although Benjamin Schnieder’s theory of the “ordinary conception” of properties successfully handles paradoxical properties—particularly, the property of non-self-instantiation—it fails to account for ordinary, non-pathological cases. The theory allows the inference of ‘a has the property of being F’ only given F(a) and the prior assertibility of ‘the property of being F can exist’. While this allows us to block an inference to a contradiction, it also blocks all of the non-pathological instances of the inference from ‘a is (...) F’ to ‘a has the property of being F’. It thereby fails both as a theory of the ordinary conception and as a replacement of the ordinary notion, assuming the latter is defective. (shrink)

A paradox about sets of properties is presented. The paradox, which invokes an impredicatively defined property, is formalized in a free third-order logic with lambda-abstraction, through a classically proof-theoretically valid deduction of a contradiction from a single premise to the effect that every property has a unit set. Something like a model is offered to establish that the premise is, although classically inconsistent, nevertheless consistent, so that the paradox discredits the logic employed. A resolution through the ramified theory (...) of types is considered. Finally, a general scheme that generates a family of analogous paradoxes and a generally applicable resolution are proposed. (shrink)

It is traditional to ascribe to Locke the view that every person who acquires natural property rights by labouring on resources is obligated to leave sufficient resources for everyone else. But during the last several decades, a number of authors have contributed to a compelling textual case against this reading. Nevertheless, Locke clearly indicates that there is something wrong with distributions in which some suffer while others thrive. But if he does not endorse the traditional proviso, what exactly is (...) the problem? In this paper, I offer a solution to this puzzle. I argue that according to Locke, once people use their natural rights to acquire large properties, many individuals are unable to enjoy the material and moral wellbeing, or “preservation,” that is the end of natural law. For even if such large properties pose no problem for material preservation, they foster arbitrary power that offends against moral preservation. (shrink)

This article starts by identifying the phenomena that Hume thought to explain the need, hence utility, of a rudimentary system of property. Then, and prominently, it considers Hume’s arguments for believing that only a system of private property is justifiable. Hume argues that only in a society with adequate but not absolute abundance and altruism does property have a point or purpose. Property’s basic job, then, is that of addressing conflict and disagreement among persons of limited (...) altruism and means, and so property’s primary purpose is regulative and adjudicative. This point is not disturbed by fluctuations in altruism or the extent of abundance that might result from differing social arrangements. Thus Hume’s explanation of property is logically separable from the question of what kind of system of ownership is justifiable. This raises the central topic of the paper: Does Hume provide arguments showing not only that a system of private property is justifiable but that only such a system will suffice to avoid a condition of chaos and savagery? As argued here, while Hume’s arguments to this conclusion repay careful consideration, they fail and to show that only a system of ownership dominated by private property is justifiable. (shrink)

Locke's claims about the "inadequacy" of substance-ideas can only be understood once it is recognized that the "sort" represented by such an idea is not wholly determined by the idea's descriptive content. The key to his compromise between classificatory conventionalism and essentialism is his injunction to "perfect" the abstract ideas that serve as "nominal essences." This injunction promotes the pursuit of collections of perceptible qualities that approach ever closer to singling out things that possess some shared explanatory-level constitution. It is (...) in view of this norm regulating natural-historical inquiry that a substance-idea represents a sort for which some such constitution serves as the "real essence," i.e. as that on which all the sort's characteristic "properties" depend. (shrink)

Special relativity has changed the fundamental view on space and time since Einstein introduced it in 1905. It substitutes four dimensional spacetime for the absolute space and time of Newtonian mechanics. It is believed that the validities of Lorentz invariants are fully confirmed empirically for the last one hundred years and therefore its status are canonical underlying all physical principles. However, spacetime metric is a geometric approach on nature when we interpret the natural phenomenon. A geometric flaw on this will (...) be exhibited and the alternative is suggested. The reasonable geometric model of space and time is a three dimensional space which is translating along the time direction. This model legitimately represents the true characteristic of nature. (shrink)

The Epicureans advocate a moderately ascetic lifestyle on instrumental grounds, as the most effective means to securing tranquility. The virtuous person will reduce his desires to what is natural and necessary in order to avoid the trouble and anxiety caused by excessive desire. So much is clear from Epicurus' general ethics. But the later Epicurean Philodemus fills in far more detail about the attitude a wise Epicurean will take toward wealth in his treatise On Property Management. This paper explores (...) some of Philodemus' distinctive doctrines and argues that Philodemus' position on crafts is an improvement on the Socratic and Aristotelian positions that he is reacting against. Philodemus rejects both constraints on what counts as a genuine craft proposed by Socrates in the Gorgias: that a craft aims at a genuine good, and that it is based on a grasp of the nature of its subject. Philodemus also rejects the attempts of Xenophon and Theophrastus to preserve an important place for the craft of property management, conceived of as aiming at maximizing your wealth, within the Socratic and Aristotelian ethical tradition that puts virtue and virtuous activity at the center of the happy life. According to Philodemus, cultivating and exercising the traditional technê of property management is actually incompatible with being a virtuous person and obtaining happiness. (shrink)

Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants Mirvac, (...) a property group currently managing over $15 billion of assets, to become an apartment landlord that would own not one or several properties like small investors currently do but rather thousands of properties to rent out. The proposal is for Mirvac to build apartment blocks and then, instead of selling individual apartments, rent them out on long-term or indefinite leases. This build-to-rent housing scheme would of course make the real estate–investment company a great deal of money. At the same time it would do very little to alleviate the current housing crisis. Such schemes are a nonstarter for people who want the security, stability and independence of home ownership, which is a very Australian aspiration that is increasingly becoming unobtainable not only for those experiencing homelessness, but also for the poor and middle-class. Those of us who care about finding a real solution to the housing crisis would do well to consider how we got into this situation in the first place, and then consider how this might inform what we do next. The following then, traces some of the historical and philosophical roots of our understanding of property and their institutionalisation via various levels of government, especially in the Australian context. (shrink)

Much of the recent discussion in progressive circles [e.g., Stiglitz; Galbraith; Piketty] has focused the obscene mal-distribution of wealth and income as if that was "the" problem in our economic system. And the proposed redistributive reforms have all stuck to that framing of the question. To put the question in historical perspective, one might note that there was a similar, if not more extreme, mal-distribution of wealth, income, and political power in the Antebellum system of slavery. Yet, it should be (...) obvious to modern eyes that redistributions in favor of the slaves, while leaving the institution of owning workers intact, would not address the root of the problem. The system of slavery was eventually abolished in favor of the system we have today which differs in two important respects: the workers are only rented, hired, or employed ; and the rental relationship between employer and employee is voluntary. Today, the root of the problem is the whole institution for the voluntary renting of human beings, the employment system itself, not the terms of the contract or the accumulated consequences in the form of the mal-distribution of income and wealth. (shrink)

Citation: Marina Christodoulou, “I Own therefore I Am. The Ontology of Property”, In Why Does What Exists Exist? Some Hypotheses on the Ultimate “Why” Question, edited by Mariano L. Bianca,Paolo Piccari. Cambridge Scholars Publishing, 2021, pp. 169-182. Contributors: Mariano L. Bianca, Konstantinos Boultzis, Marina Christodoulou, Maurizio Ferraris, Marco G. Giammarchi, Enrico Guglielminetti, Roberta Lanfredini, Fabio Minazzi, Crister Nyberg, Paolo Piccari, Paolo Rossi. ISBN (10): 1-5275-6294-8; ISBN (13): 978-1-5275-6294-3 -/- -------------- -/- The concept of Property is what attaches us (...) to Existence, Property, and Life, instead of non-existence, non-Being and Non-life (or Death). I occupy, I possess, I own, therefore I am, therefore I exist. I own a body, therefore, I am a being; I also own a self, therefore I am. -/- What exists exists because we have the notion, the concept, the idea, the habit of property and of ownership. There is something rather than nothing because we own it. Why private property? Because we have the notion, the concept, the idea, the habit of property and of ownership. There is private property because we need to own things, including ourselves, and we need to own because we need to sign and vice versa. (shrink)

Egan argues against Lewis’s view that properties are sets of actual and possible individuals and in favour of the view that they are functions from worlds to extensions (sets of individuals). Egan argues that Lewis’s view implies that 2nd order properties are never possessed contingently by their (1st order) bearers, an implication to which there are numerous counter-examples. And Egan argues that his account of properties is more commensurable with the role they play as the semantic values of predicates than (...) is Lewis’s. (shrink)

forthcoming in Philosophy and Phenomenological Research.

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to (...) capitalist economies. There are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to (...) attack by critics of particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

This paper argues that social trust is the emergent product of a complex system of property relations, backed up by a sub-system of mutual monitoring. This happens in a context similar to Ostrom’s commons, where cooperation is necessary for the management of resources, in the absence of external authorities to enforce sanctions. I show that social trust emerges in this context because of an institutional structure that enables individuals to develop a generalized disposition to internalize the external effects of (...) their actions. This is made possible by the “patrimonial” nature of this structure. (shrink)

My main reaction to MCGivern’s paper was one of dialectical puzzlement. Block argues that, Macro Non-Reduction: [all] macro properties are irreducible to the micro properties on which they supervene..

This is basically a paper about artistic evaluation and how multiple interpretations can give rise to inconsistent and conflicting meanings. Images like Joel-Peter Witkin’s First Casting for Milo (2004) challenge the viewer to look closely, understand the formal properties at work, and then extract a meaning that ultimately asks, Is the model exploited or empowered? Is Karen Duffy, pictured here, vulnerable and “enfreaked” or is she potentially subversive, transgressive, and perhaps self-empowered? I will offer an argument in agreement with artist/author/ (...) performer Ann Millett-Gallant that favors the latter interpretation, but will augment and complicate the issue by also introducing a pointed question or two taken from a recent analysis by Cynthia Freeland on objectification. I judge the works by photographer Joel-Peter Witkin to be representations of disabled persons who are empowered through agency and pride, but I also worry about the risk of multiple, conflicting interpretations on the part of viewers who do not, or cannot, entertain such enlightened readings. Like second wave feminist views about pornography that depicted women in demeaning ways, or feminist critiques of Judy Chicago’s The Dinner Party , Witkin’s photos can be judged as potentially offensive. But they are also objects of beauty—both in terms of aesthetic properties (they are magnificent studies in black and white, shadows, the human body, with many classical references) and because of the feeling of beauty and pride felt by the posers, who become performers of their own beauty and pride. I argue that beauty trumps offensiveness. Pride wins. But I’m not sure that everyone will agree. (shrink)

What I call Mellor’s Question is the problem of whether determinables are properties of their determinates or properties of the particulars that possess these determinates. One can distinguish two basic competing theories of determinables that address the issue, implicitly if not explicitly. On the second-order theory, determinables are second-order properties of determinate properties; on the second-level theory, determinables are first-order properties of the particulars with these determinate properties. Higher-order properties are prima facie ontologically uneconomical, and in line with my general (...) view that ontological parsimony is vital to metaphysics, I consider it highly important which of the two theories is true. Firstly, I argue that the second-level theory offers the best explanation of the explananda (though the race is close), including the important but neglected phenomenon of ‘intermediate determinables’. Secondly, by paying attention to intermediate determinables and instantiation of higher-order properties, I argue that the second-level theory also is more ontologically economical. For these two reasons, this theory is preferable. (shrink)

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 discoverability about the property rights of all participants and how the system functions. The implications of these findings are that traditional property relations in society could be replaced by or supplemented with blockchain models, and implemented in new domains. (shrink)

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...) that copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to (...) things. But by the mid-l 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

Suppose you own a garden-variety object such as a hat or a shirt. Your property right then follows the ageold saw according to which possession is nine-tenths of the law. That is, your possession of a shirt constitutes a strong presumption in favor of your ownership of the shirt. In the case of land, however, this is not the case. Here possession is not only not a strong presumption in favor of ownership; it is not even clear what possession (...) is. Possessing a thing like a hat or a shirt is a rather straightforward affair: the person wearing the hat or shirt possesses the shirt or the hat. But what is possession in the case of land? This essay seeks to provide an answer to this question in the form of an ontology of landed property. (shrink)

This paper analyzes Paul of Venice’s theory of measurement of natural properties and changes. The main sections of the paper correspond to Paul’s analysis of the three types of accidental changes, for which the Augustinian philosopher sought to provide rules of measurement. It appears that Paul achieved an original synthesis borrowing from both Parisian and Oxfordian sources. It is also argued that, on top of this theoretical synthesis, Paul managed to elaborate a quite original theory of intensive properties that marks (...) him out not only from the nominalist framework of his Parisian sources but also from the usual realist treatments of the problem. Finally, it is shown that, to a certain extent, Paul undertook to apply the mathematical and logical tools inherited from the Calculatores tradition to empirical problems of natural philosophy, leading to reevaluate his role in the evolution of scientific thought in early 15th-century Italy. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (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)

Outside of philosophy, ‘intuition’ means something like ‘knowing without knowing how you know’. Intuition in this broad sense is an important epistemological category. I distinguish intuition from perception and perception from perceptual experience, in order to discuss the distinctive psychological and epistemological status of evaluative property attributions. Although it is doubtful that we perceptually experience many evaluative properties and also somewhat unlikely that we perceive many evaluative properties, it is highly plausible that we intuit many instances of evaluative properties (...) as such. The resulting epistemological status of evaluative property attributions is very much like it would be if we literally perceived such properties. (shrink)

This dissertation asks the question of how ownership over property in museums is decided. It concludes that for a range of candidate concepts of property, none of them oblige museums to repatriate artefacts unless we weaken Young’s theory to repatriate through how much artefacts are valued by a culture. However, this dissertation rejects the Ownership Argument as a defence for repatriation. To do this, it will be considering three options of how we understand ‘property’ through three scholars: (...) Locke, Young and Thompson. This dissertation will discuss the difference between cultural internationalism and cultural nationalism to flip the question, and attempt to defend a view that museums should retain the artefacts under their possession. To do this dissertation justice, this work has been interdisciplinary, exploring museums, law, applied philosophy, applied ethics, epistemic and metaphysical concepts, to discuss the ways in which repatriation is defended through property. It must be noted that property theories are in vast abundance, however, to keep the project manageable, it does not include prominent philosophers such as Nozick, Hobbes, and Rosseau. Although, given that the three concepts this dissertation discusses do not work, it seems unlikely that a different version would due to similar objections. (shrink)

In the classical account of knowledge, S knows that P if and only if S believes that P, S is justified in believing that P, and P is true (JTB).. In 1963, Gettier presented two problems that casted doubt on this account. Since then, numerous authors proposed modifications or clarifications of JTB, however, these efforts have not produced a satis-factory solution. In this paper, the focus is on logical properties of justification. The Get-tier problem Case II is expressed in sentential (...) logic and Gettier Minimal Assumption (GMA) is introduced. It is shown that Gettier must have used GMA or some other as-sumption that entails GMA in his construction of Case II. Rejection of GMA solves Get-tier problem Case II and it is a step towards a better understanding of the logical proper-ties of justification and knowledge. (shrink)

This paper presents a puzzle or antinomy about the role of properties in causation. In theories of properties, a distinction is often made between determinable properties, like red, and their determinates, like scarlet (see Armstrong 1978, volume II). Sometimes determinable properties are cited in causal explanations, as when we say that someone stopped at the traffic light because it was red. If we accept that properties can be among the relata of causation, then it can be argued that there are (...) good reasons for allowing that some of these are determinable properties. On the other hand, there are strong arguments in the metaphysics of properties to treat properties as sparse in David Lewis’s (1983) sense. But then it seems that we only need to believe in the most determinate properties: particular shades of colour, specific masses, lengths and so on. And if we also agree with Lewis that sparse properties are ‘the ones relevant to causal powers’ (1983: 13) it seems we must conclude that if properties are relevant to causation at all, then all of these are determinate properties. I call this ‘the antinomy of determinable causation’. On the one hand, we have a good argument for the claim that determinable properties can be causes, if any properties are. I call this the Thesis. But on the other hand, we have a good argument for the claim that only the most determinate properties can be causes, if any properties are. I call this the Antithesis. Clearly, we need to reject either the Thesis or the.. (shrink)

Since the publication of David Lewis's ''New Work for a Theory of Universals,'' the distinction between properties that are fundamental – or perfectly natural – and those that are not has become a staple of mainstream metaphysics. Plausible candidates for perfect naturalness include the quantitative properties posited by fundamental physics. This paper argues for two claims: (1) the most satisfying account of quantitative properties employs higher-order relations, and (2) these relations must be perfectly natural, for otherwise the perfectly natural properties (...) cannot play the roles in metaphysical theorizing as envisaged by Lewis. (shrink)

The task of visual search is to determine as rapidly as possible whether a target item is present or absent in a display. Rapidly detected items are thought to contain features that correspond to primitive elements in the human visual system. In previous theories, it has been assumed that visual search is based on simple two-dimensional features in the image. However, visual search also has access to another level of representation, one that describes properties in the corresponding three-dimensional scene. Among (...) these properties are three dimensionality and the direction of lighting, but not viewing direction. These findings imply that the parallel processes of early vision are much more sophisticated than previously assumed. (shrink)

According to Rosenthal's higher-order thought (HOT) theory of consciousness, one is in a conscious mental state if and only if one is aware of oneself as being in that state via a suitable HOT. Several critics have argued that the possibility of so-called targetless HOTs—that is, HOTs that represent one as being in a state that does not exist—undermines the theory. Recently, Wilberg (2010) has argued that HOT theory can offer a straightforward account of such cases: since consciousness is a (...) property of mental state tokens, and since there are no states to exhibit consciousness, one is not in conscious states in virtue of targetless HOTs. In this paper, I argue that Wilberg's account is problematic and that Rosenthal's version of HOT theory, according to which a suitable HOT is both necessary and sufficient for consciousness, is to be preferred to Wilberg's account. I then argue that Rosenthal's account can comfortably accommodate targetless HOTs because consciousness is best understood as a property of individuals, not a property of states. (shrink)