I argue that the feeling that one is the owner of his or her mental states is not an intrinsic property of those states. Rather, it consists in a contingent relation between consciousness and its intentional objects. As such, there are (a variety of) circumstances, varying in their interpretive clarity, in which this relation can come undone. When this happens, the content of consciousness still is apprehended, but the feeling that the content “belongs to me” no longer is secured. I (...) discuss the implications of a mechanism enabling personal ownership for understanding a variety of clinical syndromes as well normal mental function. (shrink)

Although the dream narrative, of (bio)logical necessity, originates with the dreamer, s/he typically does not know this. For the dreamer, the dream world is the real world. In this article I argue that this nightly misattribution is best explained in terms of the concept of mental ownership (e.g., Albahari, 2006; Klein, 2015a; Lane, 2012). Specifically, the exogenous nature of the dream narrative is the result of an individual assuming perspectival, but not personal, ownership of content s/he authored (...) (i.e., “The content in my head is not mine. Therefore it must be peripherally perceived”). Situating explanation within a theoretical space designed to address questions pertaining to the experienced origins of conscious content has a number of salutatory consequences. For example, it promotes predictive fecundity by bringing to light empirical generalizations whose presence otherwise might have gone unnoticed (e.g., the severely limited role of mental time travel within the dream narrative). -/- . (shrink)

This article analyses, defines, and refines the concepts of ownership and personal data to explore their compatibility in the context of EU law. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied to personal data in the context of the Internet (...) of Things (IoT). This consideration is framed around two main approaches shaping all ownership theories: a bottom-up and top-down approach. Via these dual lenses, the article reviews existing debates relating to four elements supporting introduction of ownership of personal data, namely the elements of control, protection, valuation, and allocation of personal data. It then explores the explanatory advantages and disadvantages of the two approaches in relation to each of these elements as well as to ownership of personal data in IoT at large. Lastly, the article outlines a revised approach to ownership of personal data in IoT that may serve as a blueprint for future work in this area and inform regulatory and policy debates. (shrink)

Mental ownership concerns who experiences a mental state. According to David Rosenthal (2005: 342), the proper way to characterize mental ownership is: ‘being conscious of a state as present is being conscious of it as belonging to somebody. And being conscious of a state as belonging to somebody other than oneself would plainly not make it a conscious state’. In other words, if a mental state is consciously present to a subject in virtue of a higher-order thought (HOT), (...) then the HOT necessarily representsthe subject as the owner of the state. But, we contend, one of the lessons to be learned from pathological states like somatoparaphrenia is that conscious awareness of a mental state does not guarantee first-person ownership. That is to say, conscious presence does not imply mental ownership. (shrink)

Libertarian self-ownership views in the tradition of Locke, Nozick, and the left-libertarians have supposed that we enjoy very powerful deontological protections against infringing upon our property. Such a conception makes sense when we are focused on property that is very important to its owner, such as a person’s kidney. However, this stringency of our property rights is harder to credit when we consider more trivial infringements such as very mildly toxic pollution or trivial risks such having planes fly overhead. (...) Maintaining that our rights against all infringements are very powerful threatens to implausibly make such pollution and trivial risk broadly impermissible. This paper suggests that self-ownership views have tended to inappropriately conflate the seriousness of different types of infringements and that treating all infringements so seriously is implausible because it would make too much impermissible. I consider several ways to avoid this result within a self-ownership framework and conclude that the best approach is to allow that the strength of the protection against infringements should be tied to the seriousness of the harm of the infringement. (shrink)

Philosophers have given sustained attention to the controversial possibility of (legal) markets in transplantable human organs. Most of this discussion has focused on whether such markets would enhance or diminish autonomy, understood in either the personal sense or the Kantian moral sense. What this discussion has lacked is any consideration of the relationship between self-ownership and such markets. This paper examines the implications of the most prominent and defensible conception of self-ownership--control self-ownership (CSO)--for both market and (...) nonmarket organ-allocation mechanisms. The paper contends that CSO rules out a large set of nonmarket mechanisms, including escheatage ("presumed consent"), compensated takings of organs, and restricted gifting. It also argues that CSO, if accompanied by an economistic concern for welfare, can underwrite varying types of markets in human organs, ranging from mutual-insurance pools to inter vivos (i.e., live donor) organ sales. (shrink)

Adolf Reinach belongs to the Brentanian lineage of Austrian Aristotelianism. His theory of social acts is well known, but his account of ownership has been mostly overlooked. This paper introduces and defends Reinach’s account of ownership. Ownership, for Reinach, is not a bundle of property rights. On the contrary, he argues that ownership is a primitive and indivisible relation between a person and a thing that grounds property rights. Most importantly, Reinach asserts that the nature (...) class='Hi'>ownership is not determined by positive law but presupposed by it. Some have objected that such realism raises insuperable difficulties as to the origin of ownership, difficulties that could only be dealt with under a more conventionalist approach. I argue that the independence of the nature ownership from positive law is, in fact, compatible with the claim that its existence is dependent on human conventions. (shrink)

The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child's body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. (...) Persons have conclusive title to their bodies, but only defeasible title to the fruits of their bodies. (shrink)

The Body Ownership Thesis states that each person owns her body. I address a prominent objection, the Generation Problem: the Body Ownership Thesis apparently implies that parents own their children: as we own the fruit of our property, if a parent owns her own body, she must own her child and her child’s body. I argue that a person does not own the fruit of her property when that fruit is a person or the body of a person. (...) Persons have conclusive title to their bodies, but only defeasible title to the fruits of their bodies. (shrink)

Experientialism about the sense of bodily ownership is the view that there is something it is like to feel a body as one’s own. In this paper I argue for a particular experientialist thesis. I first present a puzzle about the relation between bodily awareness and self-consciousness, and introduce a somewhat underappreciated view on the sense of bodily ownership, Implicit Reflexivity, that points us in the right direction as to how to address this puzzle. I argue that Implicit (...) Reflexivity, however, does not provide a full solution to the puzzle. I then introduce a novel view on the sense of bodily ownership that inherits a central tenet, Reflexivity, from the above view, without having its flaws. According to Reflexivity, the sense of bodily ownership consists in the reflexive character of bodily sensations, namely in the fact that bodily sensations have experience-dependent properties as part of their content. Cashed out this way, Reflexivity is an attractive way of explicating the notion that bodily sensations are experiences of the body as subject. Reflexivity also highlights a central, but so far neglected, connection between the sense of bodily ownership and the sense of experience ownership. (shrink)

Alienation has been recently revived as a central theme in critical theory. Current debates, however, tend to focus on normative rather than on explanatory issues. In this paper, I confront the latter and advance an account of alienation that bears on the mechanisms that bring it about in order to locate alienation as a distinctive social and psychological fact. In particular, I argue that alienation can be explained as a disruption induced by social factors in the sense of mental (...) class='Hi'>ownership that comes with the first personal awareness of being a subject of attitudes, emotions, and actions, and outline how social factors can play a structuring causal role in the process that brings it about. In the first section, I introduce the theme and explain why it is important to focus on the mechanisms that underlie alienation. In the second section, I maintain that understanding how alienation works is crucial to make sense of false consciousness. In the third section, I consider the relevance of mental ownership to explaining alienation and discuss existing evidence about whether and how it can fail. In the final section, I argue that disturbances in the simulation routines that support social cognition might underpin alienation, and outline how social factors might play a structuring causal role in this connection. (shrink)

Young children show competence in reasoning about how ownership affects object use. In the present experiments, we investigate how influential ownership is for young children by examining their explanations. In three experiments, we asked 3- to 5-year-olds to explain why it was acceptable or unacceptable for a person to use an object. In Experiments 1 and 2, older preschoolers referenced ownership more than alternative considerations when explaining why it was acceptable or unacceptable for a person to use (...) an object, even though ownership was not mentioned to them. In Experiment 3, ownership was mentioned to children. Here, younger preschoolers frequently referenced ownership when explaining unacceptability of using an object, but not when explaining why using it was acceptable. These findings suggest that ownership is influential in preschoolers' explanations about the acceptability of using objects, but that the scope of its influence increases with age. (shrink)

Bodily sensations are mental states typically suitable to be reported in judgments in which a first-person indexical is used to qualify the felt body. In other words, subjects typically have a sense of bodily ownership for the body that they feel in bodily sensations. This paper puts forward, firstly, three desiderata that theories on the sense of bodily ownership should meet. Secondly, it assesses two views that account for the sense of bodily ownership in terms of the (...) spatial content of bodily sensations, appealing to a notion of a sense of boundedness, and argues that they do not meet the goals defined. (shrink)

Compatibilists disagree over whether there are historical conditions on moral responsibility. Historicists claim there are, whilst structuralists deny this. Historicists motivate their position by claiming to avoid the counter-intuitive implications of structuralism. I do two things in this paper. First, I argue that historicism has just as counter-intuitive implications as structuralism when faced with thought experiments inspired by those found in the personal identity literature. Hence, historicism is not automatically preferable to structuralism. Second, I argue that structuralism is much (...) more plausible once we accept that personal identity is irrelevant to moral responsibility. This paves the way for a new structuralist account that makes clear what it takes to be the diachronic ownership condition (which is normally taken to be personal identity) and the locus of moral responsibility (which is normally taken to be ‘whole’ person), and helps to alleviate the intuitive unease many have with respect to structuralism. (shrink)

People often talk to others about their personal past. These discussions are inherently selective. Selective retrieval of memories in the course of a conversation may induce forgetting of unmentioned but related memories for both speakers and listeners (Cuc, Koppel, & Hirst, 2007). Cuc et al. (2007) defined the forgetting on the part of the speaker as within-individual retrieval-induced forgetting (WI-RIF) and the forgetting on the part of the listener as socially shared retrieval-induced forgetting (SS-RIF). However, if the forgetting associated (...) with WI-RIF and SS-RIF is to be taken seriously as a mechanism that shapes both individual and shared memories, this mechanism must be demonstrated with meaningful material and in ecologically valid groups. In our first 2 experiments we extended SS-RIF from unemotional, experimenter-contrived material to the emotional and unemotional autobiographical memories of strangers (Experiment 1) and intimate couples (Experiment 2) when merely overhearing the speaker selectively practice memories. We then extended these results to the context of a free-flowing conversation (Experiments 3 and 4). In all 4 experiments we found WI-RIF and SS-RIF regardless of the emotionalvalence or individual ownership of the memories. We discuss our findings in terms of the role of conversational silence in shaping both our personal and shared pasts. (shrink)

What does it take for a subject to experience a personal memory as being her own? According to Fernández’ (2019) model of endorsement, this particular phenomenal quality of our memories, their “sense of mineness”, can be explained in terms of the experience of the mnemonic content as veridical. In this article, I criticize this model for two reasons: (a) the evidence that is used by Fernández to ground his theoretical proposal is dubious; and more importantly, (b) the endorsement model (...) does not accommodate many non-pathological everyday memories that preserve their sense of mineness, but whose veridicality is explicitly denied, suspected, not automatically endorsed, or neither denied nor endorsed. Finally, I sketch two alternative explanations: one also problematic, the other one more promising, and present some normative advantages of the latter. This also displays the undesirability of the endorsement model from a normative perspective. (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)

I am going to defend a diagnosis of Hume’s recantation that I have already defended—rather unsuccessfully—in more than one publication. My excuse for trying again is that I shall now offer a more carefully qualified defense. My diagnosis was, and still is, that in the Appendix to the Treatise Hume came to see that he could not account for the necessary ownership of perceptions —i.e., for the fact that this very perception could not have occurred in a different set.

The Two Selves takes the position that the self is not a "thing" easily reduced to an object of scientific analysis. Rather, the self consists in a multiplicity of aspects, some of which have a neuro-cognitive basis (and thus are amenable to scientific inquiry) while other aspects are best construed as first-person subjectivity, lacking material instantiation. As a consequence of their potential immateriality, the subjective aspect of self cannot be taken as an object and therefore is not easily amenable to (...) treatment by current scientific methods. -/- Klein argues that to fully appreciate the self, its two aspects must be acknowledged, since it is only in virtue of their interaction that the self of everyday experience becomes a phenomenological reality. However, given their different metaphysical commitments (i.e., material and immaterial aspects of reality), a number of issues must be addressed. These include, but are not limited to, the possibility of interaction between metaphysically distinct aspects of reality, questions of causal closure under the physical, the principle of energy conservation. -/- After addressing these concerns, Klein presents evidence based on self-reports from case studies of individuals who suffer from a chronic or temporary loss of their sense of personal ownership of their mental states. Drawing on this evidence, he argues that personal ownership may be the factor that closes the metaphysical gap between the material and immaterial selves, linking these two disparate aspects of reality, thereby enabling us to experience a unified sense of self despite its underlying multiplicity. -/- . (shrink)

After a short historical survey of philosophical views on property, the article contains an analysis of the argument which justifies property by referring to the universal respect due to anyone’s right to use any thing for any purpose. Usage 224 JOVAN BABIĆ SVOJINA ҄ FILOZOFSKA ANALIZA: ARGUMENT of things for the realization of set ends (or goals) is among the conditions of action/ agency. The capacity of freedom as a specific causal power in real world is dependent on the possibility (...) of using things as means. However, without a real prospect to finish the process of realization of set goals, this causal power would not be real. Property is a scheme within which this prospect becomes a real possibility. Property is thus a condition of effective successful purposeful agency. In property the normative position of all others, besides the owner, has been changed, as they do not have the right to use things possessed for their ends, although they have a right to use any non-possessed thing as a means for whichever end they might set. As a right, property entails, first, the obligation to respect the fact of any established possession, and, second, an obligation to accept and recognize the established possession as ownership, which does not depend on the fact of factual physical control of the property. Ownership is therefore a guarantee of future possession. For this to be established there is a need for an explicit recognition from all others; however this recognition is normatively necessary for everybody, as no-one has a right to withdraw the recognition of a legitimate right to property. This comes from the ontological and axiological difference between persons and things: persons have a right to use and possess unpossessed things as means for realization of ends they set. (shrink)

A collection of articles on the the principles of social justice from an Australian Catholic perspective. Contents: Forward (Archbishop Philip Wilson), Introduction (James Franklin), The right to life (James Franklin), The right to serve and worship God in public and private (John Sharpe), The right to religious formation (Richard Rymarz), The right to personal liberty under just law (Michael Casey), The right to equal protection of just law regardless of sex, nationality, colour or creed (Sam Gregg), The right to (...) freedom of expression (Damian Grace), The right to choose and freely maintain a state of life, married or single, lay or religious (Marita Winters), The right to education (Anthony Cleary), The right to petition government for the redress of grievances (Paul Russell), The right to a nationality (Andrew Hamilton), The right to have access to the means of livelihood, by migration when necessary (Brenda Hubber), The right of association and peaceful assembly (Michael Hogan), The right to work and choose one's occupation (Ian Blandthorn), The right to personal ownership, use and disposal of property subject to the right of others (Brian Coman), The right to a living wage (Garrick Small), The right to collective bargaining (Keith Harvey), The right to associate by industries and professions to obtain economic justice (Henrik Jurisevic), The right to assistance from society, if necessary from the State, in distress of persons and family (Catherine Althaus), Afterword (James Franklin). (shrink)

Is it possible to misidentify the object of an episode of bodily awareness? I argue that it is, on the grounds that a person can reasonably be unsure or mistaken as to which part of his or her body he or she is aware of at a given moment. This requires discussing the phenomenon of body ownership, and defending the claim that the proper parts of one’s body are at least no less ‘principal’ among the objects of bodily awareness (...) than is the body as a whole. I conclude with some reasons why this should lead us to think that bodily awareness, unlike introspection, is a form of perception. (shrink)

The problem of personal identity is a longstanding philosophical topic albeit without final consensus. In this article the somewhat similar problem of AI identity is discussed, which has not gained much traction yet, although this investigation is increasingly relevant for different fields, such as ownership issues, personhood of AI, AI welfare, brain–machine interfaces, the distinction between singletons and multi-agent systems as well as to potentially support finding a solution to the problem of personal identity. The AI identity (...) problem analyses the criteria for two AIs to be considered the same at different points in time. Two approaches to tackle the problem are proposed: One is based on the personal identity problem and the concept of computational irreducibility, while the other one applies multi-factor authentication to the AI identity problem. Also, a range of scenarios is examined regarding AI identity, such as replication, fission, fusion, switch off, resurrection, change of hardware, transition from non-sentient to sentient, journey to the past, offspring and identity change. (shrink)

Contemporary theories of self-consciousness typically begin by dividing experiences of the self into types, each requiring separate explanation. The stereotypical case of an out of body experience may be seen to suggest a distinction between the sense of oneself as an experiencing subject, a mental entity, and a sense of oneself as an embodied person, a bodily entity. Point of view, in the sense of the place from which the subject seems to experience the world, in this case is tied (...) to the sense of oneself as a mental entity and seems to be the ‘real’ self. Closer reading of reports, however, suggests a substantially more complicated picture. For example, the ‘real’ self that is experienced as separate from the body in an OBE is not necessarily experienced as disembodied. Subjects may experience themselves as having two bodies. In cases classed as heautoscopy there is considerable confusion regarding the apparent location of the experiencing subject; is it the ‘real mind’ in the body I seem to be looking out from, or is it in the body that I see? This suggests that visual point of view can dissociate from the experience of one’s own “real mind” or experience of self-identification. I provide a tripartite distinction between the sense of ownership, the sense of embodiment and the sense of subjectivity to better describe these experiences. The phenomenology of OBEs suggests that there are three distinct forms of self-consciousness which need to be explained. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (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)

Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...) theory of entitlement must be false, and that entitlement must instead be rooted in people’s needs. I say Okin misreads Nozick’s Libertarianism. In fact, its fundamental principle is that, simply by being persons, people are entitled to the maximum negative liberty compatible with a like liberty for all persons. Further, Nozick, and Jan Narveson, who has taken on the advocacy of Libertarian ideas, analyze liberty as freedom to interact with things, and analyze being entitled to or having property in something, as freedom to interact with it, to determine what may be done with it. People therefore have such freedom to do what they want with themselves, and such freedom to do what they want with other things, as is compatible with all persons having similar freedom. The former is what self-ownership amounts to, the latter, ownership of other things. Libertarianism’s fundamental principle therefore both grounds and delimits entitlements in ways entailing that mothers don’t own persons by dint of making them. Otherwise, since it would then be the prerogative of mothers to determine what shall be done with the persons they made, the persons made would lack equal liberty, this violating the fundamental principle. (shrink)

This paper investigates the claim that artificial Intelligence Systems cannot be held morally responsible because they do not have an ability for agential self-awareness e.g. they cannot be aware that they are the agents of an action. The main suggestion is that if agential self-awareness and related first person representations presuppose an awareness of a self, the possibility of responsible artificial intelligence systems cannot be evaluated independently of research conducted on the nature of the self. Focusing on a specific account (...) of the self from the phenomenological tradition, this paper suggests that a minimal necessary condition that artificial intelligence systems must satisfy so that they have a capability for self-awareness, is having a minimal self defined as ‘a sense of ownership’. As this sense of ownership is usually associated with having a living body, one suggestion is that artificial intelligence systems must have similar living bodies so they can have a sense of self. Discussing cases of robotic animals as examples of the possibility of artificial intelligence systems having a sense of self, the paper concludes that the possibility of artificial intelligence systems having a ‘sense of ownership’ or a sense of self may be a necessary condition for having responsibility. (shrink)

Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person and thing. It (...) analyses the relation that trustees, beneficiaries and settlors have to the trust property and argues that the role of each of these parties can be shown to consist in furthering the interests of the trust property rather than their own. It claims that this protects things from their owners at the same time as it ensures these owners’ ongoing care towards the things they own. This raises questions about the trust’s status within the institution of private property, justified as it is by the human autonomy it is said to enable. (shrink)

This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist theory places (...) very stringent restrictions on both the amount of unappropriated resources each person has a right to appropriate and the use they can make of those appropriated resources. The conclusion of my argument can be either used as a premise in a modus tollens argument to be used against natural-right theories of property rights or as a premise in a modus ponens argument in favour of a broadly left-libertarian theory. (shrink)

‘Gender disappointment’ is regularly reported by those whose child’s sex does not match the sex that they, the parent, desired. With symptoms ranging from mere fleeting sadness to documented cases of serious depression, alienation from one’s child, and emotional suffering, it is clear that so-called ‘gender disappointment’ is a serious issue, that has, as yet, seen little philosophical attention (though see Hendl and Browne 2020). In this chapter I explore gender disappointment, not from the perspective of a parent who ended (...) up with the child of the wrong sex at birth, but rather, from the perspective of a different kind of gender disappointment: the transgender person who grew up and only then disappointed their parents by turning out to be the ‘wrong’ gender. This perspective, I argue, reveals a great deal about the shared gender essentialism at the heart of patriarchal and cissexist ideology. Moreover, I will argue that it reveals the underlying propertarian relationship of parents to their children under contemporary capitalism – a troubling relationship that legitimates the treatment of children as objects to be designed and controlled as commodities at the whims of parents. In this way I disagree with Whyman when he writes that “a preference for having a child of one sex over the other should be considered one of those irrational things of which some sense can nevertheless be made – like aesthetic taste” (Whyman 2021, 113-114). I argue, to the contrary, that the desire for a child of one particular gender is not akin to a mere unproblematic aesthetic preference. Instead, and following the rich feminist tradition of thinking about the patriarchal origins of sexual desire, I argue that we must see these desires as troubling reflections of dominant patriarchal and cissexist ideology, underwritten by a particular neoliberal capitalist mode of production. Moreover, we can seek to change those desires. (shrink)

Episodic memory often is conceptualized as a uniquely human system of long-term memory that makes available knowledge accompanied by the temporal and spatial context in which that knowledge was acquired. Retrieval from episodic memory entails a form of first–person subjectivity called autonoetic consciousness that provides a sense that a recollection was something that took place in the experiencer’s personal past. In this paper I expand on this definition of episodic memory. Specifically, I suggest that (a) the core features assumed (...) unique to episodic memory are shared by semantic memory, (b) episodic memory cannot be fully understood unless one appreciates that episodic recollection requires the coordinated function of a number of distinct, yet interacting, “enabling” systems. Although these systems – ownership, self, subjective temporality, and agency – are not traditionally viewed as memorial in nature, each is necessary for episodic recollection and jointly they may be sufficient, and (c) the type of subjective awareness provided by episodic recollection (autonoetic) is relational rather than intrinsic – i.e., it can be lost in certain patient populations, thus rendering episodic memory content indistinguishable from the content of semantic long-term memory. (shrink)

I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...) as original appropriation against the background of a general justification for a practice of property rights. On this view, what I will call ‘natural’ acts of original appropriation are acts by which a person begins to satisfy the general conditions for justified ownership. Finally, I offer an interpretation of John Locke's theory of appropriation along these lines and argue that it provides an attractive reading of his view. (shrink)

It is widely held that introspection-based self-ascriptions of mental states are immune to error through misidentification , relative to the first person pronoun. Many have taken such errors to be logically impossible, arguing that the immunity holds as an “absolute” necessity. Here I discuss an actual case of craniopagus twins—twins conjoined at the head and brain—as a means to arguing that such errors are logically possible and, for all we know, nomologically possible. An important feature of the example is that (...) it is one where a person may be said to be introspectively aware of a mental state that occurs outside of her own mind. Implications are discussed for views of the relation between introspection and mental state ownership, and between introspection and epistemic criteria for the “mark of the mental.”. (shrink)

This chapter pursues the question of naturalism in the context of non-Western philosophical contributions to ethics and philosophy of mind: First, what conception of naturalism, if any, is best suited to capture the scope of Buddhist Reductionism? Second, can such a conception still accommodate the distinctive features of phenomenal consciousness (e.g., subjectivity, intentionality, first-person givenness, etc.). The first section reviews dominant conceptions of naturalism, and their applicability to the Buddhist project. In the second section, the author provides an example of (...) problematic issues more stringent conceptions of naturalism under the guise of neurophysicalism confront, and evaluate Flanagan’s response to these issues. The third section considers briefly the reflexivity thesis (the thesis that consciousness consists in conscious mental states being implicitly self-aware), specifically as articulated by Dignaga, Dharmakirti and their followers, and uses this thesis to articulate a conception of minimal agency as mineness that, the author argues, further challenges Flanagan’s neurophysicalism stance and his compatibilist account of moral agency. The paper concludes, in the fourth section, by suggesting a way in which no-ownership conceptions of reflexive self-consciousness can help us both to get the structure of phenomenal consciousness right and to ground our conceptions of agency, intentionality, and moral responsibility. (shrink)

Somatoparaphrenia is a pathology of self characterized by the sense of alienaton from parts of one’s body. It is usually construed as a kind of delusional disorder caused by extensive right hemisphere lesions. Lesions in the temporoparietal junction are common in somatoparaphrenia but deep cortical regions (for example, the posterior insula) and subcortical regions (for example, the basal ganglia) are also sometimes implicated (Valler and Ronschi 2009). Patients are often described as feeling that a limb belongs to another person and (...) thus attribute ownership of the limb and bodily sensation to someone else. There is also some question as to whether or not the higher-order thought (HOT) theory of consciousness can plausibly account for the depersonalization psychopathology of somatoparaphrenia (Liang and Lane 2009, Rosenthal 2010, Lane and Liang 2010). Liang and Lane argue that it cannot. The HOT theory of consciousness says that what makes a mental state a conscious mental state is that it is the target of a HOT to the effect that “I am in mental state M” (Rosenthal 2005, Gennaro 2012). When the HOT is itself is unconscious, the conscious state is still outer-directed. When the HOT is conscious, we have introspection and so the conscious thought is directed at the mental state. In section I, I briefly review the previous exchange between Lane and Liang and David Rosenthal. In section II, I further explore somatoparaphrenia and the nature of delusion while offering a number of additional replies to Lane and Liang. In section III, I examine the central notions of “mental state ownership” and “self-concepts” in an effort to account especially for the depersonalization aspect of somatoparaphrenia against the background of HOT theory. In section IV, I argue that to the extent that somatoparaphrenia casts doubt on the notion that some thoughts are “immune to error through misidentification” (IEM), the most fundamental aspect of IEM is still consistent with HOT theory. Overall, I argue that HOT theory is left unscathed by the pheneomenon of somatoparaphrenia and can even help to explain what happens in these cases. (shrink)

Political liberals assume an accessibility requirement, which means that, for ensuring civic respect and non-manipulation, public officials should offer accessible reasons during political advocacy. Recently, critics have offered two arguments to show that the accessibility requirement is unnecessary. The first is the pluralism argument: Given the pluralism in evaluative standards, when officials offer non-accessible reasons, they are not disrespectful because they may merely try to reveal their strongest reason. The second is the honesty argument: As long as officials honestly confess (...) their beliefs after offering non-accessible reasons, disrespect and non-manipulation do not occur. This paper defends the accessibility requirement and asserts that these two arguments overlook a unique feature of the political domain. While all citizens collectively own political power as a corporate body, an official does not privately own her political power. Instead, she is a trustee who has a duty to act on behalf of the corporate body, that is, she has to make decisions on grounds that are accessible to others. This duty explains why, despite pluralism, the accessibility requirement is necessary. Moreover, given that political decisions are profoundly influential to each person, requiring people to be honest is ineffective in discouraging disrespectful and manipulative acts. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...) liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to (...) form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

Within the ambit of modernity, "to be" a "person" means "to have" "a body." But what exactly do we mean when we say: ‘I have a body’? Who or what is this ‘I’ that ‘has’ ‘a body’ anyway? And how and why does this ‘having’, this possessing, of ‘a body’ confer legal and psychological personhood on us? Does such bodily possession necessarily define a mode of ‘self ownership’? Is distinguishing between the notions of ‘being an organism’, or even ‘being (...) alive’, and ‘having a body’ just a matter of semantics? Or are there pragmatic, bio-political consequences to the ways we construe our vitality and embodiment? Can thinking about ‘the body’ as a (or even, the) matter of ‘self possession’ tell us something interesting about how ‘personhood’ informs our lives? After all, what is ‘the nature’ of ‘the body’, if it can be possessed in such a manner? And does this proprietary way of thinking exhaust the possibilities for how we can imagine what it means to be an organism, a person, a citizen or a human? (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)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded (...) the abstract right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

The “free world” was the political rhetoric used during the Cold War in contrast to the “communist” countries. However, the “free world” was manifestly never free: the state considerably interfered with people in their persons and their property. And the “communist” countries were manifestly never communist in the Marxist sense: there was no common ownership of the means of production with the absence of social classes, money, and the state. It would have been more accurate to call them the (...) “authoritarian world” and the “totalitarian world”. Today the “free world” is sometimes still used, but Western countries remain authoritarian in terms of taxation and restrictive legislation. The, by implication, “unfree world” is largely only somewhat more authoritarian. Why does this continuing authoritarianism exist in the West? (shrink)

Faculty resistance to Writing Across the Curriculum (WAC) is an issue that has been recognized by WAC program directors and practitioners for decades, yet it remains unresolved. Perhaps the problem is not resistance per se, but how we interpret and react to it. Faculty resistance is typically viewed as an impediment to the pedagogical change WAC programs hope to achieve. Moreover, the label of "resistance" is often used without further examination of the underlying causes. Based on research and experience as (...) doctoral Writing Fellows in the Borough of Manhattan Community College WAC Program, we argue that so-called resistances are often justified concerns in regard to implementing WAC under given institutional, disciplinary, departmental, and personal constraints. We also suggest that if we listen and respond to these concerns, they become means to facilitate faculty engagement with WAC. By working through their concerns and adapting WAC to their context, faculty can take ownership of WAC and further develop the practice. Thus, what at first appears to be an impediment to deep-rooted pedagogical change ”resistance” can be used to encourage faculty to make WAC their own. (shrink)

In The Birthright Lottery, Ayelet Shachar subjects the institution of birthright citizenship to close scrutiny by applying to citizenship the historical and philosophical critique of hereditary ownership built up over four centuries of liberal and democratic theory, and proposing compelling alternatives drawn from the theory of private law to the usual modes of conveyance of membership. Nonetheless, there are some difficulties with this critique. First, the analogy between entailed property and birthright citizenship is not as illustrative as Shachar intends (...) it to be; second, the mechanism of the birthright privilege levy is insufficient for addressing structural impediments to growth; and third, the principle of ius nexi, while an important corrective to currently dominant principles of nationality, will likely have effects both unnecessary and insufficient to correct the injustices that Shachar identifies. In the end, the most significant improvements in the lives of the neediest persons on the planet are more likely advanced through conventional arguments for the lowering of barriers to the circulation of goods, labor, and capital. This shift in attention from opening borders to extending citizenship risks being a distraction from more effective means of addressing the injustices associated with global inequality.Dans son livre The Birthright Lottery, Ayelet Shachar soumet l’institution de la citoyenneté par droit de naissance à un examen rigoureux, en appliquant à la citoyenneté la critique philosophique et historique de la propriété héritée construite pendant quatre siècles de théorie démocratique libérale, et en proposant aux modes habituels d’attribution de la citoyenneté une alternative séduisante tirée de la théorie du droit privé. Néanmoins, cette critique comporte certaines difficultés. Premièrement, l’analogie entre la transmission de la propriété par l’institution de la taille et la citoyenneté par droit de naissance n’est pas aussi éclairante que le soutient Shachar ; deuxièmement, le mécanisme de la taxe sur le privilège du droit de naissance est insuffisant pour s’attaquer aux obstacles structurels à la croissance ; et troisièmement, le principe du jus nexi, bien qu’on puisse le considérer comme un important correctif du principe de nationalité actuellement dominant, aura vraisemblablement des effets à la fois non nécessaires et insuffisants pour corriger les injustices que Shachar identifie. En fin de compte, les améliorations les plus significatives dans la vie des personnes les plus démunies de la planète sont vraisemblablement mieux défendues à l’aide des arguments conventionnels en faveur d’une baisse des barrières à la circulation des biens, du travail et du capital. Ce déplacement de l’attention de l’ouverture des frontières à l’extension de la citoyenneté risque de nous distraire des moyens plus efficaces de nous attaquer aux injustices associées à l’inégalité globale. (shrink)

Linden Lab studies massive online game "Second Life" unexpectedly gained worldwide fame after a few years after release. To the surprise of many game has met with great interest, despite the lack of promotional campaigns. It can be assumed that the reason why "second life" reached a wider audience was a special type of offered entertainment. Network game proved to be no longer a game that was known so far, but an example of a mass media, whose central element is (...) a dynamic virtual world which is an extension of our "first" reality. "Second Life" has the potential, which is challenging the widely shared rules could shake the foundations of the social world. This program is currently the most advanced example of a virtual economy. Unlike many other massive online games and their predecessors, this game is entirely based on the principles of virtual property ownership, as well as rules of conduct virtual business and service, and finally also the consumption of goods. Users of the game, just like the person providing the data in the framework of social networking sites maintained in the mainstream of Web 2.0, user-generated content constituting the virtual world, which can trade content with others linden virtual dolars that can be exchanged to real U.S. dollars. The increase in popularity of "Second Life" brings to mind the vision of the possibility of creating a better place to live for many people. Closer analysis of this phenomenon does not allow for such statements. In the following instances will be presented: information about the growth of the global market for online games and its consequences, the distinguishing features of "Second Life" from traditional online games, virtual elements of the impact of economics on social life, the concept of entertainment as a job stream properties Games 2.0 and contentious issues, which produces "second life". ** Masowa gra on-line "Second Life" studia Linden Lab nieoczekiwanie zdobyła sławȩ na całym świecie po kilku latach od premiery. Ku zaskoczeniu wielu tytuł spotkał siȩ z ogromnym zainteresowaniem mimo braku akcji promocyjnych. Można przypuszczać, że powodem dla którego "drugie życie" dotarło do szerszego grona odbiorców był szczególny typ zaoferowanej formy rozrywki. Sieciowa gra okazała siȩ nie być już gr¸a} jak¸a} znano do tej pory, lecz przykładem środka masowego przekazu, którego centralnym elementem jest dynamiczny wirtualny świat stanowi¸a}cy przedłużenie naszej, "pierwszej", rzeczywistości. "Second Life" kryje w sobie potencjał, który podważaj¸a}c podzielane powszechnie reguły może wstrz¸a}sn¸a}ć posadami świata społecznego. Program ten jest obecnie najbardziej zaawansowanym przykładem wirtualnej gospodarki. W odróżnieniu od wielu innych masowych gier on-line i ich poprzedniczek pozycja ta w całości opiera siȩ na zasadach posiadania wirtualnej własności, jak też regułach prowadzenia wirtualnej działalności gospodarczej i usługowej, i wreszcie takiej też konsumpcji dóbr. Użytkownicy gry, podobnie jak osoby udostȩpniaj¸a}ce dane w ramach internetowych serwisów społecznościowych utrzymanych w nurcie Web 2.0, generuj¸a} treści tworz¸a}ce wirtualny świat, treści którymi mog¸a} handlować z innymi pobieraj¸a}c za nie opłaty w wirtualnych dolarach lindeńskich wymiennych na realne dolary amerykańskie. Wzrost popularności "Second Life" przywodzi na myśl wizjȩ możliwości stworzenia lepszego miejsca do życia dla wielu ludzi. Bliższa analiza tego zjawiska nie pozwala już na takie stwierdzenia. W dalszej czȩści wyst¸apienia przedstawione zostan¸a: informacje o wzroście globalnego rynku gier on-line i jego konsekwencjach, cechy odróżniaj¸ace "Second Life" od tradycyjnych gier sieciowych, elementy wpływu wirtualnej gospodarki na życie społeczne, pojȩcie rozrywki jako pracy, właściwości nurtu Games 2.0 oraz sporne kwestie, jakie wywołuje "drugie życie". (shrink)

After a short historical survey of philosophical views on property, the article contains an analysis of the argument which justifies property by referring to the universal respect due to anyone’s right to use any thing for any purpose. Usage of things for the realization of set ends (or goals) is among the conditions of action/ agency. The capacity of freedom as a specific causal power in real world is dependent on the possibility of using things as means. However, without a (...) real prospect to finish the process of realization of set goals, this causal power would not be real. Property is a scheme within which this prospect becomes a real possibility. Property is thus a condition of effective successful purposeful agency. In property the normative position of all others, besides the owner, has been changed, as they do not have the right to use things possessed for their ends, although they have a right to use any non-possessed thing as a means for whichever end they might set. As a right, property entails, first, the obligation to respect the fact of any established possession, and, second, an obligation to accept and recognize the established possession as ownership, which does not depend on the fact of factual physical control of the property. Ownership is therefore a guarantee of future possession. For this to be established there is a need for an explicit recognition from all others; however this recognition is normatively necessary for everybody, as no-one has a right to withdraw the recognition of a legitimate right to property. This comes from the ontological and axiological difference between persons and things: persons have a right to use and possess unpossessed things as means for realization of ends they set. (shrink)

Any effort to specify identity conditions for corporations faces significant challenges. Corporations are amorphous. Nature draws no hard lines defining where they start or stop, whether in space or time. Corporations are also frustratingly dynamic. They often change the most basic aspects of their composition by exchanging parts, splitting and merging, changing ownership, and reworking fundamental internal operations. -/- Even so, we apply corporate identity conditions all the time. Both law and common intuition recognize that corporations do things—like pollute (...) environments or mislabel addictive medications—that call for judgment. Imposing judgment on corporations presupposes some implicit view of corporate identity that allows us to say, “This corporation that we now judge is the same one that misbehaved.” -/- This chapter draws on evidence from court decisions and experimental philosophy to unpack the fundamentally different visions of corporate identity implicitly encoded in law and in common intuition. The discrepancies suggest important lessons for lawmakers and corporate managers. (shrink)

For Marx, capitalism depends upon and perpetuates a system of relationships whereby members of one class of persons, capitalists, enjoys extensive and pervasive social and economic advantages over others. But on Marx’s analysis, this system of being-taken-advantage-of—this system of economic exploitation—is not to be understood by appeal to discrete incidents of fraud, bad deals, theft, or under-remuneration. Rather, the central contention of Marx’s analysis, the contention analyzed, developed, and evaluated here, is that economic exploitation is class exploitation, a phenomenon that (...) occurs only within and because of the complex system of capitalist production. And it is because this system presupposes a set of oppressive social and economic ownership relations that are not freely chosen and yet govern the terms of participation in the economy and polity that it can be appropriately described as wrong or unjust. (shrink)

This article aims to generate an approach to the debate on the regulation of artificial intelligence. For this, an ontological analysis is made on the human need to legislate establishing a theoretical cross between Martin Heidegger and John Locke to then criticize the political and commercial insistence of understanding Artificial Intelligence only as a tool. Then, the text will try to reflect how through Art made by Artificial Intelligence it is possible to establish aesthetic value and authorship of the machine (...) in the artistic process and how this would allow to question the possibility of Artificial Intelligence as a civil person integrated in society and no longer as absolute property. (shrink)