Aesthetic properties figure prominently in our daily lives, our conversations and many actions we take. Yet theoretical disagreement prevails over their nature, their variety, their epistemic and metaphysical status. This overview highlights the heterogeneity of aesthetic properties and examines repercussions for explanation. Aesthetic properties belong to natural objects or scenes, to artworks in any medium, to artefacts and built environments across historical eras; and they draw a wide variety of responses such as our perceptions, emotions or imaginative (...) thought. Historicism about artworks carries over to at least some aesthetic properties that depend on facts of their broader historical context just as works do. One issue is whether aesthetic properties can be demarcated solely in terms of non-aesthetic properties. If not, explanations of aesthetic properties need to draw on other aesthetic notions such as aesthetic experience, attention, judgement or value. The paper examines several accounts of aesthetic value to show how they extend to aesthetic properties. The paper concludes with an overview of the current metaphysical debate between realists and non-realists about aesthetic properties. (shrink)

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of private property (...) presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique. (shrink)

The fact that you see some particular object seems to be due to the causal relation between your visual experience and that object, rather than to your experiences’ phenomenal character. On the one hand, whenever some phenomenal element of your experience stands in the right sort of causal relation to some object, your experience presents that object (your experience’s phenomenology doesn’t need to match that object). On the other hand, you can’t have a perceptual experience that presents some object unless (...) you stand in the right sort of causal relation to that object (no matter how closely your experience’s phenomenology matches some object). According to the continuity thesis, property perception is similar to object perception in these two respects. A standard reason to reject the continuity thesis is the assumption that the environmental properties that a perceptual experience presents are determined by its phenomenal properties (which are not determined by the environmental properties that cause the experience). I maintain that the continuity thesis is false but for a different reason: perceptual experiences present both objects and properties via manners of presentation; but, whereas perceptual manners of presentation for objects are purely relational, perceptual manners of presentation for properties are satisfactional. (shrink)

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

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...) correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

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

This paper argues for a realist position in the metaphysics of aesthetic properties. Realist positions about aesthetic properties are few and far between, though sometimes developed by analogy to realism about colours. By contrast, my position is based on a disanalogy between aesthetic properties and colours. Unlike colours, aesthetic properties are perceived as relatively unsteady properties: as powers that objects have to cause a certain experience in the observer. Following on from this observation, I develop (...) a realist account of aesthetic properties as causally efficient powers, analogous to properties like fragility or poisonousness. To show how such a view can be made ontologically respectable, I draw on recent ‘dispositionalist’ accounts of powers in philosophical metaphysics. I then offer two arguments in favour of this view. First, the view matches the phenomenology of aesthetic judgement. Second, the view offers an explanation of how it is that critics can demand agreement with their aesthetic judgements. (shrink)

I argue that the best scientific package is anti-Humean in its ontology, but Humean in its laws. This is because potencies and the best system account of laws complement each other surprisingly well. If there are potencies, then the BSA is the most plausible account of the laws of nature. Conversely, if the BSA is the correct theory of laws, then formulating the laws in terms of potencies rather than categorical properties avoids three serious objections: the mismatch objection, the (...) impoverished worlds objection, and the metaphysical 'oomph' objection. I argue that combining anti-Humean properties with Humean laws into a Potency-Best System Account of Laws is a powerful and science-friendly account---something that people on both sides should be able to appreciate. (shrink)

This paper provides an analysis of the intrinsic/extrinsic distinction, as applied both to properties and to relations. In contrast to other accounts, the approach taken here locates the source of a property’s intrinsicality or extrinsicality in the manner in which that property is ‘logically constituted’, and thus – plausibly – in its nature or essence, rather than in e.g. its modal profile. Another respect in which the present proposal differs from many extant analyses lies in the fact that it (...) does not seek to analyse the ‘global’ distinction between intrinsic and extrinsic properties on the basis of the ‘local’ distinction between having a property intrinsically and having it extrinsically. Instead, the latter distinction is explicated on the basis of the former. (shrink)

New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, (...) and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach. (shrink)

In this paper, I advance a lesser known counterfactual principle of grounding in a new kind of way by appealing to properties and the work they do. I then show that this new way of arguing for this principle is superior to another way, describe some of the work this principle can do, defend my use of this principle, and conclude with remarks on why principles like it are needed.

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

Powers are popularly assumed to be distinct from, and dependent upon, inert qualities, mainly because it is believed that qualities have their nature independently of other properties while powers have their nature in virtue of a relation to distinct manifestation property. George Molnar and Alexander Bird, on the other hand, characterize powers as intrinsic and relational. The difficulties of reconciling the characteristics of being intrinsic and at the same time essentially related are illustrated in this paper and it is (...) argued that the reasons for thinking of powers as essentially relational are based on misguided epistemological consideration. Finally, I present a way of thinking of fundamental properties as primitive natures that we can only understand in virtue of what they do but which we should not think of as being ontologically constituted by these doings. According to this view, properties are both qualities and powers. (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)

This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...) general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

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

If artworks and their aesthetic properties stand in constitutive relationships to historical context and circumstances, so that some understanding of relevant facts is involved in responding to a work, what becomes of the intuitive view that we see artworks and at least some of their aesthetic properties? This question is raised by arguments in both aesthetics and art history for the historical nature of works of art. The paper argues that the answer needs to take philosophy of perception (...) into account. The principal development that has shaped philosophy of perception in the last thirty years—explaining perceptual experience in terms of contents that represent that such-and-such is the case—is directly relevant to key arguments for the historical nature of art because contents can represent complex kinds and properties. Conceptual realism is especially well-suited for explaining perception of artworks and aesthetic properties because it emphasizes that forms of understanding—in the sense of capacities, abilities and techniques—are involved in perceptual engagement with individual objects and instances of properties. To make this case, the paper examines influential arguments for the historical nature of art and aesthetic properties by Arthur C. Danto and Kendall L. Walton; and examines art-historical discussions by Michael Baxandall, Linda Nochlin and T. J. Clark. The paper argues that the aesthetic properties of an artwork depend on human intentional uses of properties, colours and contours among them, and such uses may themselves be aesthetic. The Wittgensteinian notion of use is contextual and historical, and uses are perceptible. (shrink)

Sometimes when we describe our own sensory experiences we seem to attribute to experience itself the same sorts of familiar properties – such as shape or colour – as we attribute to everyday physical objects. But how literally should we understand such descriptions? Can there really be phenomenal elements or aspects to an experience which are, for example, quite literally square? This paper examines how these questions connect to a wide range of different commitments and theories about the metaphysics (...) of mind. In particular, I consider whether there may be phenomenological reasons to accept or reject the idea that there are elements or aspects of conscious experience itself which instantiate familiar spatial properties. I also explore how some general theses about the nature of empirical properties can motivate different answers to these questions. (shrink)

This paper aims to build a bridge between two areas of philosophical research, the structure of kinds and metaphysical modality. Our central thesis is that kinds typically involve super-explanatory properties, and that these properties are therefore metaphysically essential to natural kinds. Philosophers of science who work on kinds tend to emphasize their complexity, and are generally resistant to any suggestion that they have “essences”. The complexities are real enough, but they should not be allowed to obscure the way (...) that kinds are typically unified by certain core properties. We shall show how this unifying role offers a natural account of why certain properties are metaphysically essential to kinds. (shrink)

This book contributes to the feminist reconstruction of political theory. Although many feminist authors have pointed out the ways in which women have been property, they have been less successful in suggesting how women might become the subjects rather than the objects of property-holding. This book synthesises political theory from liberal, Marxist, Kantian and Hegelian traditions, applying these ideas to history and social policy.

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)

The interpretation of Lewis‘s doctrine of natural properties is difficult and controversial, especially when it comes to the bearers of natural properties. According to the prevailing reading – the minimalist view – perfectly natural properties pertain to the micro-physical realm and are instantiated by entities without proper parts or point-like. This paper argues that there are reasons internal to a broadly Lewisian kind of metaphysics to think that the minimalist view is fundamentally flawed and that a liberal (...) view, according to which natural properties are instantiated at several or even at all levels of reality, should be preferred. Our argument proceeds by reviewing those core principles of Lewis‘s metaphysics that are most likely to constrain the size of the bearers of natural properties: the principle of Humean supervenience, the principle of recombination in modal realism, the hypothesis of gunk, and the thesis of composition as identity. (shrink)

Two grams mass, three coulombs charge, five inches long – these are examples of quantitative properties. Quantitative properties have certain structural features that other sorts of properties lack. What are the metaphysical underpinnings of quantitative structure? This paper considers several accounts of quantity and assesses the merits of each.

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

According to the standard story, there are two defensible theories of property rights: historical and institutional theories. The former says that you own something when you’ve received it via an unbroken chain of just transfers from its original appropriation. The latter says that you own something when you’ve been assigned it by just institutions. This standard story says that the historical theory throws up a barrier to redistributive economic policies while the institutional theory does not. In this paper, I argue (...) that the standard story is wrong in almost every detail. For a start, neither of these theories are defensible. Both generate absurd consequences when combined with our non-ideal circumstances. In actuality, no unbroken chains of just transfers stretch from original appropriation to what we now possess. And our actual institutions are very seriously unjust. So both theories imply that we actually own almost nothing. I revise these theories so that they avoid this absurd consequence. Yet, when we do this, their distributive implications flip. The institutional theory throws up serious barriers to redistribution while the historical theory tears them down. In our non-ideal circumstances, the distributive implications of these theories are the opposite of what is standardly presumed. (shrink)

Second edition of Property in the Body, containing about fifty percent new and updated material, including a chapter on surrogacy.

This paper is concerned with two concepts of qualitativeness that apply to intensional entities. I propose an account of pure qualitativeness that largely follows the traditional understanding established by Carnap, and try to shed light on its ontological presuppositions. On this account, an intensional entity is purely qualitative iff it does not ‘involve’ any particular. An alternative notion of qualitativeness—which I propose to refer to as a concept of strict qualitativeness—has recently been introduced by Chad Carmichael. However, Carmichael’s definition presupposes (...) a highly fine-grained conception of properties and relations. To eliminate this presupposition, I tentatively suggest a different definition that rests on a concept of perspicuous denotation. In the penultimate section, both concepts of qualitativeness are put to work in distinguishing between different ‘grades’ of qualitative discriminability. (shrink)

This paper defines relational properties and argues for their reducibility in a, broadly speaking, Armstrongian framework of state of affairs ontology and truthmaking. While Armstrong’s own characterisation and reduction of them arguably is the best one available in the literature of this framework, it suffers from two main problems. As will be shown, it neither defines relational properties very clearly (if at all), nor provides an adequate conception of their reduction. This paper attempts to remedy this situation in (...) four steps. First, it introduces relational properties and why they matter in metaphysics in general. Second, by briefly comparing and contrasting them with extrinsic properties, and by briefly mapping them onto a tripartite division of relations, the particular kinds of relevant relational properties are identified. Third, it classifies relational properties and thereby makes possible an apt definition of them. Finally, using the notion of truthmaking, it outlines a more satisfactory case for their reduction. (shrink)

This paper presents an account of what it is for a property or relation (or ‘attribute’ for short) to be logically simple. Based on this account, it is shown, among other things, that the logically simple attributes are in at least one important way sparse. This in turn lends support to the view that the concept of a logically simple attribute can be regarded as a promising substitute for Lewis’s concept of a perfectly natural attribute. At least in part, the (...) advantage of using the former concept lies in the fact that it is amenable to analysis, where that analysis—i.e., the account put forward in this paper—requires the adoption neither of an Armstrongian theory of universals nor of a primitive notion of naturalness, fundamentality, or grounding. (shrink)

Does advocating women's reproductive rights require us to believe that women own property in their bodies? In this chapter I conclude that it does not. Although the concept of owning our own bodies — ‘whose body is it anyway?’ — has polemical and political utility, it is incoherent in philosophy and law. Rather than conflate the entirely plausible concept of women’s reproductive rights and the implausible notion of property in the body, we should keep them separate, so that the weakness (...) of the second concept does not contaminate the purity of the first. (shrink)

It is widely held that some properties are more natural than others and that, as David Lewis put it, “an adequate theory of properties is one that recognises an objective difference between natural and unnatural properties” (Lewis 1983, p. 347). The general line of thought is that such ‘elitism’ about properties is justified as it can give simple and elegant solutions to a number of old metaphysical and philosophical problems. My aim is to analyze what these (...) natural properties are: super-determinates or determinable (or maybe both) and argue that all three of these options would lead to serious difficulties for metaphysical elitism and would prevent natural properties from fulfilling their supposed grand explanatory role. (shrink)

This paper puts forward the hypothesis that the distinctive features of quantum statistics are exclusively determined by the nature of the properties it describes. In particular, all statistically relevant properties of identical quantum particles in many-particle systems are conjectured to be irreducible, ‘inherent’ properties only belonging to the whole system. This allows one to explain quantum statistics without endorsing the ‘Received View’ that particles are non-individuals, or postulating that quantum systems obey peculiar probability distributions, or assuming that (...) there are primitive restrictions on the range of states accessible to such systems. With this, the need for an unambiguously metaphysical explanation of certain physical facts is acknowledged and satisfied. (shrink)

This article aims to clarify how aspects of current chemical understanding relate to some important contemporary problems of philosophy. The first section points out that the long-running philosophical debates concerning how properties stay together in substances have neglected the important topic of structure-determining closure. The second part describes several chemically-important types of closure and the third part shows how such closures ground the properties of chemical substances. The fourth section introduces current discussions of structural realism (SR) and contextual (...) emergence: the final sections reconsider the coherence of the properties of substances and concludes that recognition that structures qualify as determinants of specific outcomes—as ‘causes’ as that designation is used in Standard English—clarifies how properties stay together in chemical entities, and by analogy, how characteristics cohere in ordinary items. (shrink)

Recently, a number of philosophers have argued that property illusions—cases in which we perceive a property, but that property is not the property it seems to us to be in virtue of our perceptual experience—and veridical illusions—cases in which we veridically perceive an object’s properties, but our experience of some specific property is nonetheless unsuccessful or illusory—can occur. I defend the contrary view. First, I maintain that there are compelling reasons to conclude that property illusions and veridical illusions can’t (...) occur; and second, I maintain that the considerations supporting the possibility of such cases are uncompelling. (shrink)

While it is well known that the early Heidegger distinguishes between different ‘kinds of being’ and identifies various ‘structures’ that compose them, there has been little discussion about what these kinds and structures of being are. This paper defends the ‘Property Thesis’, the position that kinds of being (and their structures) are properties of the entities that have them. I give two arguments for this thesis. The first is grounded in the fact that Heidegger refers to kinds and structures (...) of being as ‘characteristics’ and ‘determinations’, which are just two different words for ‘properties’, in the broadest senses of these terms. The second argument is based on the fact that kinds and structures of being play three roles that properties are supposed to play: they are what account for similarities between things, they are what predicates express, and they are what abstract nouns refer to. (shrink)

What is the connection between having a phenomenal property and knowing that one has that property? A traditional view on the matter takes the connection to be quite intimate. Whenever one has a phenomenal property, one knows that one does. Recently most authors have denied this traditional view. The goal of this paper is to defend the traditional view. In fact, I will defend something much stronger: I will argue that what it is for a property to be phenomenal is (...) for it to be a property one must know oneself to have when on has it. As we will see, this theory has a number of surprising and welcome upshots, suggesting that the traditional view has been unjustly maligned. (shrink)

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

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)

Can we employ the property of rationality in establishing what rationality requires? According to a central and formal thesis of John Broome’s work on rational requirements, the answer is ‘no’ – at least if we expect a precise answer. In particular, Broome argues that (i) the property of full rationality (i.e. whether or not you are fully rational) is independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. That is, (ii) by (...) replacing a wide-scope requirement with a corresponding narrow-scope requirement (or vice versa), we do not alter the situations in which a person is fully rational. As a consequence, (iii) the property of full rationality is unable to guide us in determining whether a rational requirement has a wide or a narrow logical scope. We cannot resolve the wide/narrow scope debate by appealing to a theory of fully rational attitudes. This paper argues that (i), (ii) and (iii) are incorrect. Replacing a wide- with a corresponding narrow-scope requirement (or vice versa) can alter the set of circumstances in which a person is fully rational. The property of full rationality is therefore not independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. As a consequence, the property of full rationality can guide us in determining what rationality requires – even in cases where we expect a precise answer. (shrink)

A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, it should (...) be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (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)

This paper has two main aims. The first is to present a general approach for understanding “dispositional” and “categorical” properties; the second aim is to use this approach to criticize Russellian Monism. On the approach I suggest, what are usually thought of as “dispositional” and “categorical” properties are really just the extreme ends of a spectrum of options. The approach allows for a number of options between these extremes, and it is plausible, I suggest, that just about everything (...) of scientific interest falls in this middle ground. I argue that Russellian Monism depends for its plausibility on the unarticulated assumption that there are no properties in the middle ground. (shrink)

This paper defends the case against (sparse) disjunctive properties by means of four Armstrongian arguments. The first of these is a logical atomist argument from truthmaking, which is, broadly speaking, ‘Armstrongian’ (Armstrong 1997). This argument is strong – although it stands or falls with the relevant notion of truthmaking, as it were. However, three arguments, which are prima facie independent of truthmaking, can be found explicitly early in Armstrong’s middle period. Two of these early arguments face a serious objection (...) put forward forcefully by Louise Antony (2003) and Alan Penczek (1997), respectively. I consider these objections and argue that they fail. Thus, even if the argument from truthmaking is indecisive, disjunctive properties should be rejected. (shrink)

The principle of self-organization has acquired a fundamental significance in the newly emerging field of computational philosophy. Self-organizing systems have been described in various domains in science and philosophy including physics, neuroscience, biology and medicine, ecology, and sociology. While system architecture and their general purpose may depend on domain-specific concepts and definitions, there are (at least) seven key properties of self-organization clearly identified in brain systems: 1) modular connectivity, 2) unsupervised learning, 3) adaptive ability, 4) functional resiliency, 5) functional (...) plasticity, 6) from-local-to-global functional organization, and 7) dynamic system growth. These are defined here in the light of insight from neurobiology, cognitive neuroscience and Adaptive Resonance Theory (ART), and physics to show that self-organization achieves stability and functional plasticity while minimizing structural system complexity. A specific example informed by empirical research is discussed to illustrate how modularity, adaptive learning, and dynamic network growth enable stable yet plastic somatosensory representation for human grip force control. Implications for the design of “strong” artificial intelligence in robotics are brought forward. (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)

This article attempts to make sense of property contingentism, the view that the metaphysical nature of properties is contingent. That is, it is contingent whether properties are universals or tropes or some other kind of entity. The article argues that even if one thinks that necessities are exhausted by conceptual truths and a posteriori necessities, the sort of methodology that can lead one to endorse contingentism in various domains in metaphysics does not give us good grounds to suppose (...) that the nature of properties is contingent. (shrink)

Brettschneider argues that the granting of property rights to all entails a right of exclusion by acquirer/owners against all others, that this exclusionary right entails a loss on their part, and that to make up for this, property owners owe any nonowners welfare rights. Against this, I argue that exclusion is not in fact a cost. Everyone is to have liberty rights, which are negative: what people are excluded from is the liberty to attack and despoil others. Everyone, whether an (...) owner of external property or not, benefits from this and thus rationally exchanges that liberty in exchange for a like abandonment of it by others. The proper social contract trade is thus liberty for liberty—not liberty for owners and positive welfare rights for nonowners (though the latter in fact benefit greatly from the property rights of owners). (shrink)

The distinction between qualitative and non-qualitative properties should be familiar from discussions of the principle of the identity of indiscernibles: two otherwise exactly similar individuals, Castor and Pollux, might share all their qualitative properties yet differ with respect to their non-qualitative properties—for while Castor has the property being identical to Castor, Pollux does not. But while this distinction is familiar, there has not been much critical attention devoted to spelling out its precise nature. I argue that the (...) class of non-qualitative properties is broader than it is often taken to be. When properly construed, it will not only include properties such as being identical to Castor, which somehow make reference to particular individuals, it will also include more general properties such as identity, composition, set membership, as well as various peculiarly ontological properties. Given that some of these more general properties help to explain objective similarity, we have reason to believe that there are fundamental non-qualitative properties. (shrink)

According to David Chalmers, the virtual entities found in Virtual Reality (VR) and Augmented Reality (AR) environments instantiate virtual properties of a specific kind. It has recently been objected that such a view (i) can’t extend to all types of properties; (ii) leads to a proliferation of property-types; (iii) implausibly ascribes massive errors to VR and AR users; and (iv) faces an analogue of Jackson’s “many-property problem”. My first objective here is to show that advocates of virtual (...) class='Hi'>properties can deal with each of these objections. The other goal of this paper is to examine the consequences of Chalmers’ theory in the particular case of AR. If we countenance virtual properties, AR highlights that non-virtual objects can possess both non-virtual and virtual properties. With AR, it also appears that a same non-virtual object can have different and even incompatible properties across augmented environments. Lastly, considering properties in light of AR highlights the risk of an “augmented solipsism”, and calls forth interesting questions about the persistence conditions of non-virtual objects in AR environments. (shrink)

Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. This view is not only widely accepted by the general public, but also enforced through a very effective international legal framework. And it (...) is endorsed by most academic researchers and commentators in this field. In this essay, I will show that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes. I will first give a short overview of the classical arguments for the justification of intellectual property as they are usually stated. We will then discuss the question of whether the creator or inventor deserves his de jure monopoly, by using John Christman’s categories of income and control rights to analyse property rights. The aim here is to show that it does not make sense to create control rights for abstract objects, as they are not scarce, and that there is no logical connection between the surplus which may be generated through income rights and the labour which has been put into a cultural artefact or an invention, and therefore it is not justified to grant monopoly rights on the basis of Lockean natural rights arguments for self-ownership and the just appropriation of worldly resources. As it is possible to reject Christman’s property rights categories, I will then go on to show on the basis of Richard Dawkins’ postulation of the ‘meme’ and Ludwik Fleck’s theory of the ‘thought collective’ that creative processes should be interpreted as interpersonal or collective processes, and therefore it is not justified to grant intellectual property rights to individuals on the basis of the idea that the individual who has put labour into the creative work or the invention should be the one to whom the contents of the work belong exclusively. As it is still possible to postulate the utilitarian argument that intellectual property rights are just because they increase the amount of creative works and inventions, I will argue in the last chapter that, from a libertarian as well as from an egalitarian point of view, the justification of intellectual monopoly rights on utilitarian grounds cannot be maintained. Therefore it is time to abolish the current global intellectual property law regime in favour of an intellectual commons for the good of all human beings and societies. (shrink)