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  1. Christopher Bertram, Justice and Property: On the Institutional Thesis Concerning Property.
    The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in defining property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal human interests and (...)
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  2. Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones (...)
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  3. Hugh Breakey (2009). Without Consent: Principles of Justified Acquisition and Duty-Imposing Powers. Philosophical Quarterly 59 (237):618-640.
    A controversy in political philosophy and applied ethics concerns the validity of duty-imposing powers, that is, rights entitling one person to impose new duties on others without their consent. Many philosophers have criticized as unplausible any such moral right, in particular that of appropriating private property unilaterally. Some, finding duty-imposing powers weird, unfamiliar or baseless, have argued that principles of justified acquisition should be rejected; others have required them to satisfy exacting criteria. I investigate the many ways in which we (...)
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  4. David Ellerman (1995). Intellectual Trespassing as a Way of Life: Essays in Philosophy, Economics, and Mathematics. Rowman and Littlefield.
    Collection of published and unpublished essays covering most of my work up to 1990. Chapters 1 & 2 are about orthodox economics. Chapter 3 is the infamous pseudonymous spoof of Nozick, whose context and reaction is explained in the introduction. Chapter 4 puts the labor theory of property and democratic theory in a Kantian framework of treating persons as ends in themselves (instead of as rentable instruments of production). Chapter 5 shows how to reformulate marginal productivity theory using the fact (...)
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  5. Danny Frederick (2013). A Critique of Lester's Account of Liberty. Libertarian Papers 5 (1):45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  6. Peter Martin Jaworski (2011). The Metaphysics of Locke's Labour View. Locke Studies 11:73-106.
    This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...)
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  7. Alejandra Mancilla (2013). Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum). Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...)
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  8. Karl Olivecrona (1974). Locke's Theory of Appropriation. Philosophical Quarterly 24 (96):220-234.
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  9. John T. Sanders (1987). Justice and the Initial Acquisition of Property. Harvard Journal of Law and Public Policy 10 (2):367-99.
    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 (...)
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  10. Terrance Tomkow, The Retributive Theory of Property.
  11. Bas van der Vossen (2009). What Counts as Original Appropriation? Politics, Philosophy and Economics 8 (4):355-373.
    I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...)
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