Results for 'property rights'

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  1. Property Rights, Future Generations and the Destruction and Degradation of Natural Resources.Dan Dennis - 2015 - Moral Philosophy and Politics 2 (1):107-139.
    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 (...)
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  2.  17
    Does Property Rights Affect Women and Children’s Well-being?Huong T. T. Hoang, Khoi D. Nguyen, Trang T. Le, Hang Khanh, Kien Le & My Nguyen - 2010 - Bản Chưa Hoàn Chỉnh.
    Nhiều nаm hơn nữ đượс đăng ký tên trên GCNQSDĐ. Phụ nữ sở hữu ít mảnh đất hơn nаm giới. Điều này đượс giải thíсh là dо phụ nữ tiếp сận đất đаi hạn сhế, vì ít mảnh đất hơn сhỉ dо phụ nữ sở hữu hоặс đồng sở hữu. Một số yếu tố giải thíсh sự kháс biệt. Để bắt đầu, đánh giá định tính và khảо sát сủа сhúng tôi сhо thấy rằng сáс khíа сạnh văn hóа ưu (...)
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  3. Worldmaking: Property Rights in Aesthetic Creations.Peter H. Karlen - 1986 - Journal of Aesthetics and Art Criticism 45 (2):183-192.
    This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as (...)
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  4. Citizenship and Property Rights: A New Look at Social Contract Theory.Elisabeth Ellis - 2006 - Journal of Politics 68 (3):544-555.
    Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...)
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  5. Taxation, Redistribution and Property Rights.Peter Vallentyne - 2012 - In Andrei Marmor (ed.), Routledge Companion to Philosophy of Law. Routledge.
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  6. Jurisprudence of Intellectual Property Rights.Pooja Parashar - 2019 - International Journal of Academic Multidisciplinary Research (IJAMR) 3 (4):2-9.
    Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.
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  7. Intellectual Property is Common Property: Arguments for the Abolition of Private Intellectual Property Rights.Andreas Von Gunten - 2015 - buch & netz.
    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 (...)
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  8. Liberty, Property, and Welfare Rights: Brettschneider’s Argument.Jan Narveson - 2013 - Libertarian Papers 5:194-215.
    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 (...)
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  9. On Property Theory.David Ellerman - 2014 - Journal of Economic Issues (3):601–624.
    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 (...) 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)
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  10. The Rights of Persons and the Rights of Property.Eran Asoulin - 2017 - Arena 151.
    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, (...)
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  11. Intellectual Property, Globalization, and Left-Libertarianism.Constantin Vică - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):323–345.
    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 (...)
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  12. Ectogenesis, Abortion and a Right to the Death of the Fetus.Joona Räsänen - 2017 - Bioethics 31 (9):697-702.
    Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this position, (...)
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  13. Property, Legitimacy, Ideology: A Reality Check.Enzo Rossi & Carlo Argenton - forthcoming - Journal of Politics.
    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 (...)
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  14. Is There a Right to the Death of the Foetus?Eric Mathison & Jeremy Davis - 2017 - Bioethics 31 (4):313-320.
    At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...)
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  15. Liberties, Not Rights: Gauthier and Nozick on Property.Paul Torek - 1994 - Social Theory and Practice 20 (3):343-361.
    In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument (...)
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  16. An Assessment of Prominent Proposals to Amend Intellectual Property Regimes Using a Human Rights Framework.Cristian Timmermann - 2014 - la Propiedad Inmaterial 18:221-253.
    A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the (...): to benefit from one’s own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)
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  17. Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property.Rivka Amado & Nevin M. Gewertz - 2004 - Journal of Business Ethics 55 (3):295-308.
    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, (...)
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  18. The Right and the Wrong Kind of Reasons.Jan Gertken & Benjamin Kiesewetter - 2017 - Philosophy Compass 12 (5):e12412.
    In a number of recent philosophical debates, it has become common to distinguish between two kinds of normative reasons, often called the right kind of reasons (henceforth: RKR) and the wrong kind of reasons (henceforth: WKR). The distinction was first introduced in discussions of the so-called buck-passing account of value, which aims to analyze value properties in terms of reasons for pro-attitudes and has been argued to face the wrong kind of reasons problem. But nowadays it also gets applied in (...)
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  19. Locke and the Right to (Acquire) Property: A Lockean Argument for the Rawlsian Difference Principle.Richard Oxenberg - 2010 - Social Philosophy Today 26:55-66.
    The purpose of my paper is to show the derivation of what is sometimes called the ‘new liberalism’ (or ‘progressive liberalism’) from the basic principles of classical liberalism, through a reading of John Locke’s treatment of the right to property in his Second Treatise of Government. Locke’s work sharply distinguishes between the natural right to property in the ‘state of nature’ and the societal right to property as established in a socio-economic political system. Whereas the former does (...)
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  20.  58
    Public Property and the Libertarian Immigration Debate.Simon Guenzl - unknown
    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 (...)
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  21.  71
    Eithics and Ontology: Present Rights of Future Individuals and Property Instantiation.Aleksandar Jokic - 1999 - Journal of Philosophical Research 24:473-486.
    In this century technology, production, and their consequent environmental impact have advanced to the point where unrectifiable and uncontroIlable global imbalances may emerge. Hence, decisions made by existing human beings are capable of dramaticaIly affecting the welfare of future generations. Current controversy about environmental protection involves the question of whether our present obligations to future generations can be grounded in their present rights. Many philosophers would question the very intelligibility of the idea that future individuals might have present (...). They do not see how a non-existing object could be said to have anything, let alone rights. Others see no obstacle to attributing properties to such objects. Thus, the controversy about the rights of future individuals shifted to a different, that is, ontological level. What is the proper method for resolving conflicts on this “deeper” level? This essay has two inter-dependent goals: to suggest and assess a testing procedure for ontological claims, through the use of an example of conflicting ontological theses; and to illuminate the concept of a right, through a discussion of the most general features of the requirements for the possible possession of rights. (shrink)
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  22. A Lockean Defense of Grandfathering Emission Rights.Luc Bovens - 2011 - In Denis G. Arnold (ed.), The Ethics of Global Climate Change. Cambridge University Press. pp. 124-144.
    I investigate whether any plausible moral arguments can be made for ‘grandfathering’ emission rights (that is, for setting emission targets for developed countries in line with their present or past emission levels) on the basis of a Lockean theory of property rights.
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  23. 'Privacy, Private Property and Collective Property'.Annabelle Lever - 2012 - The Good Society 21 (1):47-60.
    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 (...)
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  24. Real Estate: Foundations of the Ontology of Property.Barry Smith & Leo Zaibert - 2003 - In Heiner Stuckenschmidt, Erik Stubjkaer & Christoph Schlieder (eds.), The Ontology and Modelling of Real Estate Transactions. Ashgate. pp. 51-67.
    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 (...)
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  25. Projects and Property.John T. Sanders - 2002 - In David Schmidtz (ed.), Robert Nozick. Cambridge University Press.
    I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre (...)
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  26. Locke on Territorial Rights.Bas van der Vossen - 2015 - Political Studies 63 (3):713-728.
    Most treatments of territorial rights include a discussion (and rejection) of Locke. There is a remarkable consensus about what Locke’s views were. For him, states obtain territorial rights as the result of partial transfers of people’s property rights. In this article, I reject this reading. I argue that (a) for Locke, transfers of property rights were neither necessary nor sufficient for territorial rights and that (b) Locke in fact held a two-part theory of (...)
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  27. Copyright or Copyleft?: An Analysis of Property Regimes for Software Development.Paul B. de Laat - 2005 - Research Policy 34 (10):1511-1532.
    Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...)
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  28. Is Wealth Redistribution a Rights Violation?Michael Huemer - manuscript
    I argue that taxation for redistributive purposes is a property rights violation, responding to arguments (due to Nagel, Murphy, Sunstein, and Holmes) claiming that individuals lack ownership of their pretax incomes.
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  29. Blockchain Technology as an Institution of Property.Georgy Ishmaev - 2017 - Metaphilosophy 48 (5):666-686.
    This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system (...)
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  30. Ethics, Rights, and White's Antitrust Skepticism.Ryan Long - 2016 - The Antitrust Bulletin 61 (2):336-341.
    Mark White has developed a provocative skepticism about antitrust law. I first argue against three claims that are essential to his argument: the state may legitimately constrain or punish only conduct that violates someone’s rights, the market’s purpose is coordinating and maximizing individual autonomy, and property rights should be completely insulated from democratic deliberation. I then sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with conduct that (...)
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  31. How Abstract Liberty Relates to Private Property: A One-Page Outline.J. C. Lester - manuscript
    Libertarianism—and classical liberalism generally—presupposes (or entails) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that are libertarian; the other list is all those that are not. What determines into which list a property-right is assigned? If libertarianism is really about liberty, then the determining factor must be whether the property-right fits what liberty is in a more abstract sense. It greatly clarifies matters to have an explicit theory (...)
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  32. Life Sciences, Intellectual Property Regimes and Global Justice.Cristian Timmermann - 2013 - Dissertation, Wageningen University
    In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of (...)
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  33. Thought About Properties: Why the Perceptual Case is Basic.Dominic Alford-Duguid - 2018 - Philosophical Quarterly 68 (271):221-242.
    This paper defends a version of the old empiricist claim that to think about unobservable physical properties a subject must be able to think perception-based thoughts about observable properties. The central argument builds upon foundations laid down by G. E. M. Anscombe and P. F. Strawson. It bridges the gap separating these foundations and the target claim by exploiting a neglected connection between thought about properties and our grasp of causation. This way of bridging the gap promises to introduce substantive (...)
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  34. Are Rawlsians Entitled to Monopoly Rights?Speranta Dumitru - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intelectual Property and Theories of Justice. Palgrave-MacMilan.
    Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic (...)
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  35. Reasons: Wrong, Right, Normative, Fundamental.Kurt Sylvan & Errol Lord - 2019 - Journal of Ethics and Social Philosophy 15 (1).
    Reasons fundamentalists maintain that we can analyze all derivative normative properties in terms of normative reasons. These theorists famously encounter the Wrong Kind of Reasons problem, since not all reasons for reactions seem relevant for reasons-based analyses. Some have argued that this problem is a general one for many theorists, and claim that this lightens the burden for reasons fundamentalists. We argue in this paper that the reverse is true: the generality of the problem makes life harder for reasons fundamentalists. (...)
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  36. Are Economic Liberties Basic Rights?Jeppe von Platz - 2014 - Politics, Philosophy, and Economics 13 (1):23-44.
    In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and (...)
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  37. A Kantian Conception of Rightful Sexual Relations: Sex, (Gay) Marriage and Prostitution.Helga Varden - 2006 - Social Philosophy Today 22:199-218.
    This paper defends a legal and political conception of sexual relations grounded in Kant’s Doctrine of Right. First, I argue that only a lack of consent can make a sexual deed wrong in the legal sense. Second, I demonstrate why all other legal constraints on sexual practices in a just society are legal constraints on seemingly unrelated public institutions. I explain the way in which the just state acts as a civil guardian for domestic relations and as a civil guarantor (...)
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  38. About Property Identity.Arnold Cusmariu - 1978 - Auslegung 5 (3):139-146.
    W.V.O. Quine has famously objected that (1) properties are philosophically suspect because (2) there is no entity without identity and (3) the synonymy criterion for property identity won't do because there's no such concept as synonymy. (2) and (3) may or may not be right but do not prove (1). I reply that Leiniz's Law handles property identity, as it does for everything else, then respond to a variety of objections and confusions.
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  39. The Claims of Animals and the Needs of Strangers: Two Cases of Imperfect Right.Christine M. Korsgaard - 2018 - Journal of Practical Ethics 6 (1):19-51.
    This paper argues for a conception of the natural rights of non-human animals grounded in Kant’s explanation of the foundation of human rights. The rights in question are rights that are in the first instance held against humanity collectively speaking—against our species conceived as an organized body capable of collective action. The argument proceeds by first developing a similar case for the right of every human individual who is in need of aid to get it, and (...)
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  40. Property and the Limits of the Self.Adrian M. S. Piper - 1980 - Political Theory 8 (1):39-64.
    THE MAIN OBJECTIVES of the following discussions are, first, to show the logical inconsistency of Hegel’s theory of the necessity of private property and, second, to show its exegetical inconsistency with the most plausible and consistent interpretations of Hegel’s theory of the self and its relation to the state in Ethical Life. I begin with the latter objective, by distinguishing three basic conceptions of the self that can be gleaned from various passages in the Philosophy of Right. I suggest (...)
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  41. Two Challenges That Categorical Properties Pose to Physicalism.Robert Schroer - 2012 - Ratio 25 (2):195-206.
    What are physical objects like when they are considered independently of their causal interactions? Many think that the answer to this question involves categorical properties– properties that make contributions to their bearers that are independent of any causal interactions those objects may enter into. In this paper, I examine two challenges that this solution poses to Physicalism. The first challenge is that, given that they are distinct from any of the scientifically described causal powers that they happen to convey, categorical (...)
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  42. Samuel Pufendorf and the Right of Necessity.Alejandra Mancilla - 2012 - Aporia 3:47-64.
    From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, (...)
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  43. On Experiencing Moral Properties.Indrek Reiland - 2021 - Synthese 198 (1):315-325.
    Do we perceptually experience moral properties like rightness and wrongness? For example, as in Gilbert Harman’s classic case, when we see a group of young hoodlums pour gasoline on a cat and ignite it, can we, in the same robust sense, see the action’s wrongness?. Many philosophers have recently discussed this question, argued for a positive answer and/or discussed its epistemological implications. This paper presents a new case for a negative answer by, first, getting much clearer on how such experience (...)
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  44. Building Community Into Property.Edmund F. Byrne - 1988 - Journal of Business Ethics 7 (3):171 - 183.
    American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due (...)
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  45. Ownership, Property and Women's Bodies.Donna Dickenson - 2006 - In Heather Widdows, Aitsiber Emaldi Cirion & Itziar Alkorta Idiakez (eds.), Women's Reproductive Rights. Basingstoke, UK: Palgrave Macmillan. pp. 188-198.
    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, (...)
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  46. Personhood and Property in Hegel's Conception of Freedom.M. Blake Wilson - 2019 - Pólemos (1):68-91.
    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 (...)
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  47. New Frontiers in the Philosophy of Intellectual Property.Annabelle Lever - 2012 - Cambridge University Press.
    The new frontiers in the philosophy of intellectual property lie squarely in territories belonging to moral and political philosophy, as well as legal philosophy and philosophy of economics – or so this collection suggests. Those who wish to understand the nature and justification of intellectual property may now find themselves immersed in philosophical debates on the structure and relative merits of consequentialist and deontological moral theories, or disputes about the nature and value of privacy, or the relationship between (...)
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  48. The Health Impact Fund and the Right to Participate in the Advancement of Science.Cristian Timmermann - 2012 - European Journal of Applied Ethics 1 (1).
    Taking into consideration the extremely harsh public health conditions faced by the majority of the world population, the Health Impact Fund (HIF) proposal seeks to make the intellectual property regimes more in line with human rights obligations. While prioritizing access to medicines and research on neglected diseases, the HIF makes many compromises in order to be conceived as politically feasible and to retain a compensation character that makes its implementation justified solely on basis of negative duties. Despite that (...)
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  49. Gappiness and the Case for Liberalism About Phenomenal Properties.Tom McClelland - 2016 - Philosophical Quarterly (264):536-558.
    Conservatives claim that all phenomenal properties are sensory. Liberals countenance non-sensory phenomenal properties such as what it’s like to perceive some high-level property, and what it’s like to think that p. A hallmark of phenomenal properties is that they present an explanatory gap, so to resolve the dispute we should consider whether experience has non-sensory properties that appear ‘gappy’. The classic tests for ‘gappiness’ are the invertibility test and the zombifiability test. I suggest that these tests yield conflicting results: (...)
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  50. Beyond Frontier Town: Do Early Modern Theories of Property Apply to Capitalist Economies?Katharina Nieswandt - 2019 - Ethical Theory and Moral Practice 22 (4):909-923.
    The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims (...)
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