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

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

The 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)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public (...) trust in grounding the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering (...) the resource as common heritage of humankind. (shrink)

Every quantum state can be represented as a probability distribution over the outcomes of an informationally complete measurement. But not all probability distributions correspond to quantum states. Quantum state space may thus be thought of as a restricted subset of all potentially available probabilities. A recent publication (Fuchs and Schack, arXiv:0906.2187v1, 2009) advocates such a representation using symmetric informationally complete (SIC) measurements. Building upon this work we study how this subset—quantum-state space—might be characterized. Our leading characteristic is that the inner (...) products of the probabilities are bounded, a simple condition with nontrivial consequences. To get quantum-state space something more detailed about the extreme points is needed. No definitive characterization is reached, but we see several new interesting features over those in Fuchs and Schack (arXiv:0906.2187v1, 2009), and all in conformity with quantum theory. (shrink)

Abstract: This paper restates the thesis of 'The Requirements of Justice and Liberal Socialism" where it was argued that liberal socialism best meets Rawlsian requirements of justice. The recent responses to this paper by Jan Narveson, Jeppe von Platz, and Alan Thomas merit examination and comment. This paper shows that if Rawlsian justice is to be met, then non-personal property must be subject to public control. If just outcomes merit the public control of non-personal property and (...) this control is not utilized, then justice has been subordinated to the objectively less important institution of private property. (shrink)

The “property question” is the constitutional question whether a society’s basic resources are to be publicly or privately owned; that is, whether these basic resources are to be available to private owners, perhaps subject to tax and regulation, or whether instead they are to be retained in joint public ownership, and managed by democratic processes. James Madison’s approach represents a case in which prior holdings are taken for granted, and the property question itself is kept off of (...) the political agenda. By contrast, John Rawls approach abstracts from any actual pattern of holdings, while putting the property question on the political agenda, but at a particular place. This paper compares and contrasts the two approaches. (shrink)

For successful climate change adaptation, the distribution of responsibility within society is an important question. While the literature highlights the need for involving both public and private actors, little is still known of how citizens perceive their own and others’ responsibility, let alone the moral groundings for such perceptions. In this paper, we report the results of a survey regarding people’s attitudes towards different ways of distributing responsibility for climate change adaptation. The survey was distributed to citizens in six (...) Swedish municipalities and completed by 510 respondents. A large number of respondents wanted to assign responsibility for making decisions about and implementing adaptation measures to local governments, but also to property owners, whereas the national government was raised as responsible for setting decision boundaries and for financial support. The most preferred principles for a fair distribution of responsibility among the respondents were desert, ability, efficiency and need, while the principle of equal shares found less support. All principles received some support, indicating that it is necessary to consider several principles when distributing responsibility for climate change adaptation. Compared to earlier studies, this study shows more nuanced perceptions on who should be responsible and on what moral grounds. (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)

American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court upheld (...) the constitutionality of a public nuisance statute that authorized the government to abate a car-owner’s property interest, even though there had been no showing of negligence or wrongdoing on the part of the owner herself. Referring to this country’s “longstanding practice” of in rem forfeiture proceedings, the Court held that abatement under the Michigan statute neither offended due process nor violated the Fifth Amendment’s prohibition against takings without just compensation. By basing its decision on precedent, the Court prudently resisted the temptation to legislate from the bench. The Court also reached the right result in denying relief to Mrs. Bennis. Unfortunately, the Court’s appeal to past practice did not adequately address the constitutional concerns raised by the case. If the Court had said more about the traditional purpose and limits of in rem forfeitures, it could have addressed these concerns, while still avoiding the dangers of judicial activism. (shrink)

In this paper, I offer a conceptual framework for understanding and evaluating personal identity claims. I analyze ontological and political properties of personal identity separately, arguing that their conceptual (if not practical) separation is necessary for a proper evaluation of different identity claims. I use probability theory to bypass some of the logical difficulties in conceptualizing personal identity and discuss a case of transitional identification. Finally, I outline the guidelines for a justified liberal policy of recognition.

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 in (...) part to the investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples (...) such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (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)

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

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

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

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. (...) Owing to such occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

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

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in (...) public, from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

Pierre Louis Moreau de Maupertuis’ famous and influential Discours sur les différentes figures des astres, which represented the first public defense of attractionism in the Cartesian stronghold of the Paris Academy, sometimes suggests a metaphysically agnostic defense of gravity as simply a regularity. However, Maupertuis’ considered account in the essay, I argue, is much more subtle. I analyze Maupertuis’ position, showing how it is generated by an extended consideration of the possibility of attraction as an inherent property and (...) fuelled by an understanding of Lockean skepticism about knowledge of real essences that is more nuanced perhaps even than Locke’s own. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles (...) of self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

The vertiginous rise of right-wing populism, especially in its “nationalist, xenophobic and conservative form”, and some “racist, anti-Semitic, homophobic and sexist” drifts associated with this phenomenon – whether real or perceived as such – make the mainstream media play a double role. On the one hand, the mainstream media reflect the struggle for political hegemony between different vested interests; on the other hand, they engage in the fight against right-wing populism blasting both right-wing populist candidates and their voters or supporters. (...) Many mainstream journalists ask citizens to realize a “sanitary cordon”, a “wall” or a “republican front” to block far-right populism and preserve liberal democracy. Moreover, they urge people to be wary of all attempts to “dediabolize” or “normalize” some tokens of right-wing populism. The main idea of this article is that right-wing populism is more harmless than is generally believed and, if excessive, negative media coverage doesn’t baffle but feed it. Populism is essentially a latent side effect of liberal democracy. Populism rises and becomes obtrusive only if a significant part of society perceives a regime of illiberal majoritarianism instead of one of liberal democracy. Right-wing populists are chiefly frustrated “ci-devants” who feel dispossessed of their past, identity, properties, qualities, privileges or titles. Inasmuch as the causes of collective frustration are many and varied (e.g. the real or just perceived corruption of the elites, the “system”, the deep state, the relocation of jobs, immigration, national sovereignty, national identity, communitarianism, radical Islamism, the status of some traditional institutions, some chapters of official history, etc.), there will always be right-wing populists, whether they are self-declared or covert. By adopting David G. Hackett’s thesis that the media are “agents of hegemony”, we applied the critical analysis of discourse to a set of 346 media articles in order to reveal the discursive sources of power, domination, inequality and partiality. The articles appeared in The New York Times and Le Monde during the period 2016-2017, at the time when the presidential elections took place in the United States and France. The articles were selected according to the occurrence of the keywords “Donald Trump” – “populism” and “Marine Le Pen” – “populisme” within the titles. The analysis of these articles reveals a divisive discursive structure that correspond to a real political cleavage in society. It is true that populism presents a “Manichean outlook”, in which there are only friends and foes” and no compromise is possible. It is also true that mainstream media reinforce this Manichean perspective on society and make populists feel marginalized and politically disempowered. The mainstream media may appease right-wing populism if they treat its followers as legitimate and equal political actors. For this, they have to give up the narrative structures that underscore insurmountable divergences and irreconcilable interests. In a liberal democracy, mass media should chiefly play the role of mediator. They may not aim to defeat or re-educate certain categories of citizens just because they advocate “wrong” political solutions. (shrink)

In this paper, I argue that policing can be defended as consistent with the equality of all before the law – but not by denying that policing occupies a special place in our legal order that is dangerously close to certain ancien régime privileges. In order to defend the special privileges of policing, it is essential to show that they are something quite different from the ancien régime privileges that they in some respects resemble. The crucial conceptual tool for making (...) that argument is the idea of public office. Policing, I argue, is a public office and like other public offices, it comes equipped with a number of special rights, privileges, powers, and immunities that are not generally possessed by all persons in their private capacity. But that situation is no challenge to the equality of all persons before the law. Those special rights do not belong to the office-holder as their private property, to do with them just as they would like. They belong, instead, to the office itself, and they may be exercised only by someone duly appointed to the office (who may also be duly removed from office) and only in pursuit of the purposes that define her office. The idea of public office is what makes possible a necessary and acceptable kind of inequality – that between individual private persons on the one hand and the collective person of the state on the other – while maintaining the kind of equality that matters, which is the equality of all persons vis-à-vis one another. (shrink)

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

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case only (...) in some peculiar circumstances that I identify. In other words, they miss the bigger picture, the one outside special circumstances, in which CDS trading has the opposite effect. That is, CDS facilitate debt accumulation, including government debt accumulation. Finally, I point out how this can precipitate the collapse of fiat money regimes. An incidental goal of the analysis is to provide a better account than Polleit and Mariano of recent government interventions in and around CDS markets. (shrink)

After the publication of Marshall’s theorem (2009), it has been widely accepted that the intrinsic/extrinsic distinction cannot be analyzed in broadly logical terms, but instead requires appealing to more robust metaphysical notions like grounding, naturalness or duplication. However, in this article I will defend that this is not so. Instead of showing the limitations of Marshall’s undoubtedly impressive result, I will present here a broadly logical definition of the intrinsic/extrinsic distinction, and show that it is extensional adequate regardless of our (...) preferred conception of property identity. (shrink)

After the publication of Marshall’s theorem (2009), it has been widely accepted that the intrinsic/extrinsic distinction cannot be analyzed in broadly logical terms, but instead requires appealing to more robust metaphysical notions like grounding, naturalness or duplication. However, this is not so. Instead of showing the limitations of Marshall’s still impressive result, I will present here a broadly logical definition of the intrinsic/extrinsic distinction, and show that it is extensional adequate regardless of our preferred conception of property identity.

This paper argues that private property and rights assignment, especially as applied to communication infrastructure and information, should be informed by advances in both technology and our understanding of psychology. Current law in this area in the United States and many other jurisdictions is founded on assumptions about human behavior that have been shown not to hold empirically. A joint recognition of this fact, together with an understanding of what new technologies make possible, leads one to question basic assumptions (...) about how law is made and what laws we should have in a given area, if any. I begin by analyzing different aspects of U.S. law, from a high-level critique of law making to a critique of rights assignment for what I call 'simple nonrival goods.' I describe my understanding, as a non-lawyer with a background in psychology and computing, of the current conventions in U.S. law, consider the foundational assumptions that justify current conventions, describe advances in psychology and technology that call these conventions into question, and briefly note how the law might normatively change in this light. I then apply this general analysis to the question of domain name assignment by the Internet Corporation for Assigned Names and Numbers (ICANN). (shrink)

Socialist republicans advocate public ownership and control of the means of production in order to achieve the republican goal of a society without endemic domination. While civic republicanism is often attacked for its conservatism, the relatively neglected radical history of the tradition shows how a republican form of socialism provides powerful conceptual resources to critique capitalism for leaving workers and citizens dominated. This analysis supports a programme of public ownership and economic democracy intended to reduce domination in the (...) workplace and wider society. I defend this socialist republicanism from both the Marxist objection that it overlooks the impersonal nature of domination under capitalism and the left-liberal objections that property-owning democracy or worker codetermination are sufficient to suppress dominating relationships. The resulting position identifies the need for more ambitious institutional grounds for republican liberty than is often supposed, while offering us a distinctive emancipatory justification for socialism. (shrink)

In December of 2017, President Trump reduced the size of Bears Ears and Grand Staircase-Escalante Monuments by 2 million acres. Conservatives rejoiced, and progressives railed. Yet neither side has clearly identified the moral facets of the situation. The crucial moral question is this: How ought public property be regulated to protect landscapes with cultural significance? We offer criteria for determining when something has cultural value and argue that the moral merits of the present case turn on whether the (...) reduction adequately addresses the cultural interests at play. (shrink)

Global capitalism is the politico-economic structure that subjects everything to its interests. It creates unimaginable poverty, ecological crisis, the ongoing pandemic, wars without end, and other horrors that humans can inflict against each other. Within this capitalist configuration, an idea and a political movement emerged that seeks to destroy the foundation of this system. Communism is this idea and political movement. The foundation of capitalism that they wanted to dismantle is private bourgeois property. In general, the Bolshevik revolution did (...) destroy that foundation, but this was not enough. It only resulted in the eventual transformation of the party as the collectivized bourgeoisie with its authoritarian state apparatus. It transformed this bourgeois-liberal capitalism into state-run capitalism. The revolutionary class that was supposed to be emancipated, remained as they were in capitalism, producer of the means of subsistence and surplus value. The eventual dissolution of the Soviet Union did not mean that the idea of communism is already dead. It should have been the perfect time to reassess the theoretical foundations of communism and test the ideas of Marx and others in their practical-idealistic form. The production and reproduction of capitalist social relations create everyday consciousness for all capitalist subjects, even to passionate communist revolutionaries. This is how ideology works. But the continuing havoc of global capitalism continues. The Left goes on with their same old traditions. They do not see that precisely ii their unceasing failure is one of the conditions for capitalism and its state apparatus to have the capacity to reinvent itself. In Pandemic 2: Chronicles of a Time Lost, Slovenian-born philosopher and global thinker Slavoj Zizek said that capitalism is incapable of solving the Covid-19 crisis. In his more than a thousand-page book paradoxically called Less Than Nothing, he said that ‘really existing’ socialism failed because it was ultimately a subspecies of capitalism. Can we utilize this Zizekian idea of communism, an idea that generates criticism both to capitalism and 20th-century communism to reinvent communism for it to revitalize its struggle against global capitalism? To answer this question, I employed Critical Theory through the ideas of communism of Zizek. I started with capitalism’s totality. It manifests itself in the world of commodities. Commodities are everywhere and almost in everything. Commodification not only involves things that man uses but humanity herself is commodified. Then I elaborated on the notion of the proletariat because she is the “commodified man” personified. The identification of the proletariat almost exclusively with factory workers is the prevailing idea in the Left movement. I tried to show that the proletariat is the overwhelming majority in every industry. Capitalism, I claim is both producing employment and unemployment. And the unemployed, not only are included as members of the proletarian class, but looking at it objectively, they may play a significant role in the political struggle of the proletariat against the bourgeoisie. Therefore, as I tried to describe in quite a detailed fashion the various industries of capitalism and the sub-groups of the unemployed, it becomes evident that even without mentioning it, the proletariat is the class that almost everyone belongs to, except, as might be expected, the bourgeoisie. -/- Then I mustered the audacity to question Marx and Engels’ Communist Manifesto. I also tried to imagine what will happen to the economic categories in Marx’s Capital in communism. My objective was to identify what is lacking in Marx that may explain the Left’s unending failure. I think I succeeded, although in a very superficial manner, in trying to locate what was missing in Marx’s theory. It was not enough to transform the bourgeois property into public property, but this transformation must stop commodity production itself. Commodity production is this self-perpetuating character of capitalist production. Then it led to further elucidation of the metamorphosis of commodity production to the production of human needs. Another idea is the double negation of the communist revolution. Communism must not only negate the bourgeois class but the proletariat herself. Marx only emphasized the dissolution of the bourgeoisie but failed to relate this dissolution to the proletariat’s self-negation. Absolutely, the significant reduction of working hours is fundamental for communism. This reduction must result from the conscious expansion of the workers' free time. Expanding free time is at the same time reducing time for production. Essentially, this is the process of the self-negation of the proletariat. I also tried to put forward an idea that directly links reform and revolution. They are directly linked with each other because both are communistic. A communist campaign for higher wages is directly involved with the communist expansion of political power. Communist reform becomes revolutionary. Concomitantly, the notion of revolution also changes. The communist revolution, instead of it being a sudden, external, and most often violent event, becomes an internal transformative process and possibly less violent. I concluded by transforming the concepts I think Marx missed into political possibilities. That is why I expounded on the immediate aims Marx and Engels enumerated in the Communist Manifesto and tried to claim the probability of the impossible in the communist struggle for political power and Man’s eventual freedom. -/- Marx's description of factory work creates no illusion about the status of freedom in capitalism. In Capital, he said that “factory work... confiscates every atom of freedom, both bodily and in intellectual activity.” And I think Marx made clear that the only way to freedom is ultimately to destroy capitalism. These words of his in Capital will cast no doubt, “the knell of capitalist private property sounds. The expropriators are expropriated.” And to signify who are those experiencing this unfreedom, Marx and Engels summon the subject of the revolution in their famous lines in the Communist Manifesto and urge them to fight, “the proletarians have nothing to lose but their chains. They have a world to win.” Today is the time for philosophy because it is the age of declining freedom. But the prevailing capitalist structure is necessitating this unfreedom. And for philosophy to become what it is, communism should become philosophy. (shrink)

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

Historic preservation, which is a vital act for conveying people’s understanding of the past, such as events, ideas, and places to the future, allows people to preserve history for future generations. Additionally, since the historic properties are currently concentrated in urban areas, an urban-oriented approach will contribute to the issue. Hence, public awareness is a key factor that paves the way for this conservation. Public history, a history with a public audience and special methods of representation, can (...) serve society in this regard. Historical video games, which get their game objectives from the past, can be considered a form of public history, raising people’s awareness and letting them gain historical experience. While plenty of studies focused on this content with various approaches, this study takes the topic under consideration with a player-oriented focus. The research uses the Steam video game digital distribution service database to explore the existing historical games based on their genre, player scale, dimension, VR compatibility attributes, and player rating. The database includes 1,148 games published between 2002 and 2022, filtered as historical by Steam tags and sorted by player review. For the data collection, the study uses the Octoparse web scraping tool for data extraction, and for the data analysis, it uses RapidMiner Studio data mining software. The study aims to provide a framework applicable to the development of commercially playable historical video games contributing to heritage preservation by raising public awareness in the context of public history. (shrink)

As if 2020 were not a peculiar enough year, its fifth month has seen the relatively quiet publication of a preprint describing the most powerful Natural Language Processing (NLP) system to date, GPT-3 (Generative Pre-trained Transformer-3), by Silicon Valley research firm OpenAI. Though the software implementation of GPT-3 is still in its initial Beta release phase, and its full capabilities are still unknown as of the time of this writing, it has been shown that this Artificial Intelligence can comprehend prompts (...) in natural language, on virtually any topic, and generate relevant, original text content that is indistinguishable from human writing. Moreover, access to these capabilities, in a limited yet worrisome enough extent, is available to the general public as of the time of this writing. This paper presents select examples of original content generated by the author using GPT-3. These examples illustrate some of the capabilities of GPT-3 in comprehending prompts in natural language and generating convincing content in response. We use these examples to raise specific, fundamental questions pertaining to the intellectual property of this content and the potential use of GPT-3 to facilitate plagiarism. Our goal is to instigate not just a sense of urgency, but of a present tardiness on the part of the academic community in addressing these questions. (shrink)

This capstone is centered around the development of an efficient electronic property inventory system tailored for school assets, driven by the overarching objective of resource optimization to ensure equitable access to vital materials for all learners. The methodology follows the “ISSO” framework (Ignite, Strategize, Systematize, Operationalize), complemented by a Logical Framework. The project employs a homegrown digitalized system constructed through a waterfall model approach, which undergoes alpha and beta testing. The study’s analysis utilizes a t-Test to evaluate its impact. (...) The outcomes reveal that real-time property monitoring significantly enhances custodianship, while digitalization yields improvements in reliability, efficiency, and usability, effectively overhauling the conventional inventory process. The electronic system fosters stakeholder engagement, supporting communication, budget allocation, and audits. Comparative testing demonstrates clear advantages over traditional manual methods. In conclusion, this study underscores the merits of a refined electronic property inventory system. Notably, the research suggests a need for careful consideration of process complexities in outsourcing decisions and showcases the swift, precise, and transparent accounting provided by e-AIMSS deployments, thereby nurturing transparency and public confidence. This innovative approach holds promise for broader application within the realm of e-government processes. (shrink)

This chapter explores properties that bind individuals, knowledge, and communities, together. Section ‎‎1 introduces Hardwig’s argument from trust in others’ testimonies as entailing that trust is the glue ‎that binds individuals into communities. Section 2 asks “what grounds trust?” by exploring assessment ‎of collaborators’ explanatory responsiveness, formal indicators such as affiliation and credibility, ‎appreciation of peers’ tacit knowledge, game-theoretical considerations, and the role moral character ‎of peers, social biases, and social values play in grounding trust. Section 3 deals with establishing (...) ‎reliability standards for formation and breaching of trust. Different epistemic considerations and their ‎underpinning of inductive risks are examined through various communication routes within a ‎discipline, between disciplines, and to the public. Section 4 examines whether a collective entity can ‎be trusted over and above trust that is given to its individual members. Section 5 deals with the roles ‎technological artifacts play in distributed research and collective knowledge. It presents the common ‎view in which genuine trust cannot, in principle, be accorded to artifacts, so as an opposite view. We ‎show that what counts as a genuine object of trust is relevant to debates about the boundaries of ‎collective agency and as a criterion for extended cognitive systems.‎. (shrink)

Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed to cooperate (...) with follow-up innovators. We will do so by questioning the voluntariness involved in consumption of objects of innovation, restating the positive social externalities that arise when wider access to the fruits of innovation is assured, and examining the eventual harms innovators face. (shrink)

A discussion of the economic work of Genovesi, the first professor of political economy in Europe. Genovesi supports a physiocratic theory of value as the net produce of agricultural work; a theory of interest as the motive of human action, intermediate between the extreme poles of excessive self-love and benevolence; a doctrine of innate rights as a limit to the sovereign's action; a commercial policy that limits dependence on foreign countries. He also took a position in the eighteenth-century debate on (...) "luxury", taking a firm stance in favour of moderate luxury, considered not vice but virtue as the right means between excessive parsimony and prodigality. He also discusses the function of the classes not dedicated to "mechanical arts" and not producing "rents" but nevertheless useful to society (Adam Smith's "unproductive" workers) in which he includes the proprietary classes which he defends against Rousseau's radical criticism, limiting himself to advocating the abolition of inalienable properties. Finally, he advocates population growth as a way to increase public happiness, the development of agriculture, the freedom of grain trade and the interest rate. (shrink)

The idea of a new aestheticism is now explicit in both philosophical aesthetics and cultural theory with the publication of Gary Iseminger's The Aesthetic Function of Art and an anthology of essays edited by John Joughin and Simon Malpas critiquing the anti-aestheticism of literary theory. Both are significant in marking a wider trend reacting to, broadly speaking, intellectualised and historicised accounts of art, refocusing on the idea of appreciation itself, and working away from the emphasis on ideology and disregard for (...) the particularity of works in, especially, literary theory. This broader context also includes renewed debates running within philosophical aesthetics about non-perceptual aesthetic properties and the aesthetic experience of conceptual artworks, and about beauty in art, considerations that have engaged two philosophers normally identified by their commitment to art theoretical and historical (and by extension, non-aesthetic) accounts of artistic making and viewing, namely Noël Carroll and Arthur Danto. So Carroll acknowledges that what's at stake is an aesthetic theory of art that is potentially 'back in business', while Danto's 'surprising' theoretic re-engagement with the concept of beauty has been noted by Diarmuid Costello. (shrink)

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 (...) current global health realities make such steps reasonable, the paper looks up the negative effects on one overlooked human right: the right to participate in scientific advancement. (shrink)

Public discussions of ethical issues related to the biotechnology industry tend to treat "biotechnology" as a single, undifferentiated technology. Similarly, the pros and cons associated with this entire sector tend to get lumped together, such that individuals and groups often situate themselves as either "pro-" or "anti-" biotechnology as a whole. But different biotechnologies and their particular application context pose very different challenges for ethical corporate decision-making. Even within a single product category, different specialty products can pose strikingly different (...) ethical challenges. In this paper, we focus on the single over-arching category of "genetic testing" and compare tests for disease susceptibility and drug response. We highlight the diversity of ethical challenges - grouped under the broad categories of "truth in advertising" and "protecting intellectual property" - raised by the commercialization and marketing of these technologies. By examining social and technical differences between genetic tests, and the associated corporate ethics challenges posed by their commercialization, our intent is to contribute to the nascent business ethics literature examining issues raised by the development and marketing of genetic tests. (shrink)

I reconstruct the civic republican foundations of Eugene Debs’s socialist critique of capitalism, demonstrating how he uses a neo-roman conception of freedom to condemn waged labour. Debs is also shown to build upon this neo-roman liberty in his socialist republican objections to the plutocratic capture of the law and threats of violence faced by the labour movement. This Debsian socialist republicanism can be seen to rest on an ambitious understanding of the demands of citizen sovereignty and civic solidarity. While Debs (...) shares some of the commitments of earlier American labour republican critics of capitalism, he departs from them in his thoroughgoing commitment to common democratic ownership of productive property. His socialist republicanism remains valuable today for its ability to illuminate features of plutocratic control, judicial autocracy, and the regime of property best suited to suppressing economic domination. I conclude that Debs not only deserves a prominent place in an emerging radical republican canon but presents a distinctive contrast with many of his Marxist contemporaries and offers a compelling challenge to recent liberal, plebeian, and socialist forms of republicanism. (shrink)

In this dissertation we present proof systems for several modal logics. These proof systems are based on analytic (or semantic) tableaux. -/- Modal logics are logics for reasoning about possibility, knowledge, beliefs, preferences, and other modalities. Their semantics are almost always based on Saul Kripke’s possible world semantics. In Kripke semantics, models are represented by relational structures or, equivalently, labeled graphs. Syntactic formulas that express statements about knowledge and other modalities are evaluated in terms of such models. -/- This dissertation (...) focuses on modal logics with dynamic operators for public announcements, belief revision, preference upgrades, and so on. These operators are defined in terms of mathematical operations on Kripke models. Thus, for example, a belief revision operator in the syntax would correspond to a belief revision operation on models. -/- The ‘dynamic’ semantics of dynamic modal logics are a clever way of extending languages without compromising on intuitiveness. We present ‘dynamic’ tableau proof systems for these dynamic semantics, with the express aim to make them conceptually simple, easy to use, modular, and extensible. This we do by reflecting the semantics as closely as possible in the components of our tableau system. For instance, dynamic operations on Kripke models have counterpart dynamic relations between tableaux. -/- Soundness, completeness, and decidability are three of the most important properties that a proof system may have. A proof system is sound if and only if any formula for which a proof exists, is true in every model. A proof system is complete if and only if for any formula that is true in all models, a proof exists. A proof system is decidable if and only if any formula can be proved to be a theorem or not a theorem in a finite number of steps. All proof systems in this dissertation are sound, complete, and decidable. -/- Part of our strategy to create modular tableau systems is to delay concerns over decidability until after soundness and completeness have been established. Decidability is attained through the operations of folding and through operations on ‘tableau cascades’, which are graphs of tableaux. -/- Finally, we provide a proof-of-concept implementation of our dynamic tableau system for public announcement logic in the Clojure programming language. (shrink)

This paper reviews current debates in social epistemology about the relations ‎between ‎knowledge ‎and consensus. These relations are philosophically interesting on their ‎own, but ‎also have ‎practical consequences, as consensus takes an increasingly significant ‎role in ‎informing public ‎decision making. The paper addresses the following questions. ‎When is a ‎consensus attributable to an epistemic community? Under what conditions may ‎we ‎legitimately infer that a consensual view is knowledge-based or otherwise ‎epistemically ‎justified? Should consensus be the aim of scientific inquiry, (...) and if so, what ‎kind of ‎consensus? How should dissent be handled? It is argued that a legitimate inference ‎that a ‎theory is correct from the fact that there is a scientific consensus on it requires taking ‎into ‎consideration both cognitive properties of the theory as well as social properties of ‎the ‎consensus. The last section of the paper reviews computational models of ‎consensus ‎formation.‎. (shrink)

Since the publication of Hartry Field’s influential paper “Tarski’s Theory of Truth” there has been an ongoing discussion about the philosophical import of Tarski’s definition. Most of the arguments have aimed to play down that import, starting with that of Field himself. He interpreted Tarski as trying to provide a physicalistic reduction of semantic concepts like truth, and concluded that Tarski had partially failed. Robert Stalnaker and Scott Soames claimed then that Field should have obtained a stronger conclusion, namely that (...) Tarski’s failure in his allegedly intended physicalistic reduction was total. From another front, Hilary Putnam argued for an even more sweeping thesis: “[a]s a philosophical account of truth, Tarski’s theory fails as badly as it is possible for an account to fail.” Scott Soames followed suit also on this count, endorsing Putnam’s argument in section iii of the aforementioned paper; and John Etchemendy used a very similar argument to contend that “a Tarskian definition of truth [...] cannot possibly illuminate the semantic properties of the object language.” The paper argues that these contentions are based on several misunderstandings about the nature of a definition like Tarski’s. Regarding the Putnam-Soames-Etchemendy argument, we must apply a distinction Frege found natural to draw—and is natural to draw anyway—between what he called “constructive” definitions, definitions properly so called, which are mere stipulations, and what he described as “analytic” definitions, definitions which aim to make explicit the meaning of a term already in use. Regarding the Field-Soames-Stalnaker criticism, the paper contends that the true aims of a Tarskian truth definition are perfectly well fulfilled without Field’s amendments. (shrink)

In a series of publications, L. A. Paul has defended a version of the bundle theory according to which material objects are nothing but mereological sums of ‘their’ properties. This ‘mereological’ bundle theory improves in important ways on earlier bundle theories, but here I present a new argument against it. The argument is roughly this: Material objects occupy space; even if properties have spatial characteristics, they do not quite occupy space; on no plausible construal of mereological composition does a mereological (...) sum of non-space-occupying entities occupy space; therefore, material objects are not mereological sums of properties. (shrink)

In response to recent debates in color ontology, I present an account of color that resolves the issue in a new way by conceiving of colors as properties of appearances. Appearances are both objective and subjective: they are real-world events reducible to psychophysical interactions involving environmental stimuli and experiential states. The case is made for accepting experience as an actual component of colors themselves as well as being the fundamental epistemic evidence for their instantiation.