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Subcategories:History/traditions: Property Rights
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  1. Ernest B. Abbott, Peter Baldridge, Howard Koh & Edward P. Richards (2007). Seizure of Private Property: Powers and Protections. Journal of Law, Medicine and Ethics 35:77-78.
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  2. Jonathan H. Adler (2009). Taking Property Rights Seriously: The Case of Climate Change. Social Philosophy and Policy 26 (2):296-316.
    The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change is likely to contribute (...)
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  3. Lori B. Andrews & Dorothy Nelkin (1997). Book Review: Body Parts: Property Rights Ad the Ownership of Human Biological Materials. [REVIEW] Journal of Law, Medicine and Ethics 25 (2-3):210-212.
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  4. David B. Annis & Cecil E. Bohanon (1992). Desert and Property Rights. Journal of Value Inquiry 26 (4):537-546.
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  5. Barbara Arneil (1993). Thomas Horne, Property Rights and Poverty: Political Argument in Britain, 1605–1834, Chapel Hill, N.C., University of North Carolina Press, 1990, Pp.X + 296. [REVIEW] Utilitas 5 (02):332-.
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  6. Richard J. Arneson (1992). Property Rights in Persons. Social Philosophy and Policy 9 (01):201-.
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  7. Richard Ashcraft (1994). Exclusive and Inclusive Theories of Property Rights: Rejoinder to Horne. Critical Review 8 (3):435-440.
    Contrary to Thomas Horne's propensity to consider arguments concerning property rights and poverty as exclusive and self?contained topics within the political discourse of liberalism, they should be seen as part of the defense of democratic and market institutions that is central to the historical development of liberalism. The problems arising from the relationship of property rights to poverty, therefore, need to be included in any assessment of the success or failure of the institutions of a democratic market society to realize (...)
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  8. Richard Ashcraft (1992). Liberalism and the Problem of Poverty. Critical Review 6 (4):493-516.
    From the seventeenth to the mid?nineteenth centuries, the language of natural law and natural rights structured the commitment of liberalism to the development of both a market society and democratic political institutions. The existence of widespread poverty was seen, at various times, as a problem to be resolved either by an expanding commercial/capitalistic society or through democratic political reform. As Thomas Home shows in Property Rights and Poverty, liberalism as apolitical theory has, from its origins, been deeply committed to (at (...)
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  9. Louis A. Barth (1973). "What is Property? An Inquiry Into the Principle of Right and of Government," by Pierre-Joseph Proudhon, Trans. Benjamin F. Tucker with an Introduction by George Woodcock. The Modern Schoolman 50 (3):318-318.
  10. Lawrence C. Becker (1977). Property Rights: Philosophic Foundations. Routledge & Kegan Paul.
    This book begins with a distinction between a general, a specific, and a particular justification of property rights. Then after a brief review of Hohfeld's analysis of legal rights, and Honore's analysis of legal ownership, various standard general justifications are assessed: first occupancy; personality; Locke's labor theory of original acquisition; utilitarian property theory (value theory and economic versions); and accounts based on a strong principle of personal liberty.. This is followed by remarks on anti--property arguments. The book concludes with a (...)
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  11. Charles R. Beitz (1980). Tacit Consent and Property Rights. Political Theory 8 (4):487-502.
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  12. B. Bjorkman (2006). Bodily Rights and Property Rights. Journal of Medical Ethics 32 (4):209-214.
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  13. Walter Block (1998). Environmentalism and Economic Freedom: The Case for Private Property Rights. [REVIEW] Journal of Business Ethics 17 (16):1887-1899.
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  14. Elisabeth Boetzkes (2001). Privacy, Property, and the Family in the Age of Genetic Testing: Observations From Transformative Feminism. Journal of Social Philosophy 32 (3):301–316.
  15. Jasper A. Bovenberg (2006). Property Rights in Blood, Genes and Data: Naturally Yours? Martinus Nijhoff Publishers.
    The properties of DNA -- DNA as universal property -- DNA as intellectual property -- DNA as national property -- DNA as personal property -- DNA as academic property -- DNA as taxable propety.
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  16. Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
    Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the best protection for (...)
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  17. Per Bylund, 5. “Man and Matter: How the Former Gains Ownership of the Latter”.
    This study seeks to investigate the nature of ownership of land, and how the right to its control and use can be inferred from self-ownership as a premise. Hence, the question asked is how ownership (of land) can be justified considering the nature of man from a natural rights point of [...].
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  18. Mei-Fang Chen & Ya-Hui Yen (2011). Costs and Utilities Perspective of Consumers' Intentions to Engage in Online Music Sharing: Consumers' Knowledge Matters. Ethics and Behavior 21 (4):283 - 300.
    Online music sharing, deemed illegal for invading intellectual property rights under current laws, has become a crucial issue for the music industry in the modern digital age, but few have investigated the potential costs and utilities for individuals involved in such online misbehavior. This study aimed to fill in this gap to predict consumers' intentions to engage in online music sharing and further consider consumers' online music sharing knowledge as a moderator in the research model. The results of repeated measures (...)
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  19. John Christman (1991). Self-Ownership, Equality, and the Structure of Property Rights. Political Theory 19 (1):28-46.
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  20. Jillian Clare Cohen & Patricia Illingworth (2003). The Dilemma of Intellectual Property Rights for Pharmaceuticals: The Tension Between Ensuring Access of the Poor to Medicines and Committing to International Agreements. Developing World Bioethics 3 (1):27–48.
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  21. Dennis R. Cooley (2009). Understanding Social Welfare Capitalism, Private Property, and the Government's Duty to Create a Sustainable Environment. Journal of Business Ethics 89 (3):351-369.
    No one would deny that sustainability is necessary for individual, business, and national survival. How this goal is to be accomplished is a matter of great debate. In this article I will show that the United States and other developed countries have a duty to create sustainable cities, even if that is against a notion of private property rights considered as an absolute. Through eminent domain and regulation, developed countries can fulfill their obligations to current and future generations. To do (...)
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  22. Sean Coyle (2004). The Philosophical Foundations of Environmental Law: Property, Rights, and Nature. Hart Pub..
    This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of ...
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  23. G. E. M. De Ste Croix (1970). Some Observations on the Property Rights of Athenian Women. The Classical Review 20 (03):273-278.
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  24. Rowan Cruft (2006). Against Individualistic Justifications of Property Rights. Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
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  25. Graham Dawson, 10. “Free Markets, Property Rights and Climate Change: How to Privatize Climate Policy”.
    The goal has been to devise a strategy that protects as much as possible the rights and liberties of all agents, both users of fossil fuels and people whose livelihoods and territories are at risk if the anthropogenic global warming (AGW) hypothesis is true. To achieve this goal the standard climate [...].
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  26. Paul B. de Laat (2006). Internet-Based Commons of Intellectual Resources: An Exploration of Their Variety. In Jacques Berleur, Markku I. Nurminen & John Impagliazzo (eds.), IFIP; Social Informatics: An Information Society for All? In Remembrance of Rob Kling Vol 223. Springer.
    During the two last decades, speeded up by the development of the Internet, several types of commons have been opened up for intellectual resources. In this article their variety is being explored as to the kind of resources and the type of regulation involved. The open source software movement initiated the phenomenon, by creating a copyright-based commons of source code that can be labelled `dynamic': allowing both use and modification of resources. Additionally, such a commons may be either protected from (...)
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  27. Paul B. de Laat (2005). Copyright or Copyleft?: An Analysis of Property Regimes for Software Development. 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 that (...)
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  28. Paul B. de Laat (2001). Open Source Software: A New Mertonian Ethos? In Anton Vedder (ed.), Ethics and the Internet. Intersentia.
    Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. As (...)
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  29. Richard T. DeGeorge (2010). Intellecutal Property Rights. In George G. Brenkert & Tom L. Beauchamp (eds.), The Oxford Handbook of Business Ethics. Oxford University Press.
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  30. Robert Ehman (1998). Natural Property Rights: Where They Fail. Social Philosophy and Policy 15 (02):283-.
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  31. J. M. Elegido (1995). Intrinsic Limitations of Property Rights. Journal of Business Ethics 14 (5):411 - 416.
    Many people take for granted an absolute conception of property rights. According to this conception, if I own a piece of property I have a moral right to do with it as I please, irrespective of the needs of others.This paper articulates an argument against this conception of property rights. First, it shows that there are many possible conceptions of property rights, and that there are significant differences among the models of ownership which have prevailed in different societies. Then, it (...)
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  32. James W. Ely (2004). Property Rights and Free Speech: Allies or Enemies? Social Philosophy and Policy 21 (2):177-194.
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  33. Henry Etzkowitz (2010). From Conflict to Confluence of Interest : The Co-Evolution of Academic Entrepreneurship and Intellectual Property Rights. In Thomas H. Murray & Josephine Johnston (eds.), Trust and Integrity in Biomedical Research: The Case of Financial Conflicts of Interest. Johns Hopkins University Press.
  34. John Exdell (1977). Distributive Justice: Nozick on Property Rights. Ethics 87 (2):142-149.
    According to robert nozick's theory of distributive justice, We are forced to choose between a commitment to the kantian principle that no one may be used as a means to the purposes of others and the socialist view that the benefits of land and natural resources should be distributed on the basis of an end-State standard of equity. However, We face no such dilemma. A careful look at nozick's argument reveals that the kantian imperative does not clearly entail the right (...)
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  35. Edward Feser (2010). Classical Natural Law Theory, Property Rights, and Taxation. Social Philosophy and Policy 27 (1):21-52.
    Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural (...)
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  36. N. R. E. Fisher (1981). Property Rights of Women in Classical Athens David M. Schaps: Economic Rights of Women in Ancient Greece. Pp. Vii + 165. Edinburgh University Press, 1979. £7.50. [REVIEW] The Classical Review 31 (01):72-74.
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  37. George Gale (1973). John Locke on Territoriality: An Unnoticed Aspect of the Second Treatise. Political Theory 1 (4):472-485.
  38. Ezequiel Gallo (2008). Vida, Libertad, Propiedad: Reflexiones Sobre El Liberalismo Clásico y la Historia. Eduntref, Editorial de la Universidad Nacional de Tres de Febrero.
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  39. Heinrich Ganthaler (1993). Eigentum und soziale gerechtigkeit. Kriterion 4:2-7.
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  40. Allan Gibbard (1976). Natural Property Rights. Noûs 10 (1):77-86.
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  41. Robert E. Goodin (1990). Property Rights and Preservationist Duties. Inquiry 33 (4):401 – 432.
    The preservationist duties that conservationists would lay upon landowners to protect the natural environment obviously interfere with what those people do with their land. That is often taken to be an equally obvious ? albeit possibly justifiable ? violation of their rights in that property. But to say that, as landowners often do, would be to imply that property rights somehow embrace a ?right to destroy?. Closer inspection suggests that they do not. That would be a further right, additional to (...)
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  42. Michael Gorman (2005). Intellectual Property Rights, Moral Imagination, and Access to Life-Enhancing Drugs. Business Ethics Quarterly 15 (4):595-613.
    Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmlyembedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual property we (...)
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  43. Andrzej Górski (2005). The Ethics of Intellectual Property Rights in Biomedicine and Biotechnology: An Introduction. Science and Engineering Ethics 11 (1):4-6.
  44. Larry Ogalthorpe Gostin (2006). Property Rights and the Common Good. Hastings Center Report 36 (5):10-11.
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  45. Tim S. Gray (1999). An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities. Environmental Ethics 21 (2):177-190.
    The claim that indigenous communities are entitled to have intellectual property rights (IPRs) to both their plant varieties and their botanical knowledge has been put forward by writers who wish to protect the plant genetic resources of indigenous communities from uncompensated use by biotechnological transnational corporations. We argue that while it is necessary for indigenous communities to have suchrights, the entitlement argument is an unsatisfactory justification for them. A more convincing foundation for indigenous community IPRs is the autonomy theory developed (...)
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  46. John A. Gueguen (1978). "Property Rights: Philosophic Foundations," by Lawrence C. Becker. The Modern Schoolman 55 (4):399-400.
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  47. Thomas W. Hazlett (1998). The Dual Role of Property Rights in Protecting Broadcast Speech. Social Philosophy and Policy 15 (02):176-.
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  48. Burke A. Hendrix (2005). Memory in Native American Land Claims. Political Theory 33 (6):763 - 785.
    While claims for the return of expropriated land by Native Americans and other indigenous peoples are often evaluated using legal frameworks, such approaches fail to engage the fundamental moral questions involved. This essay outlines three justifications for Native Americans to pursue land claims: to regain properties where original ownership has not been superseded, to aid the long-term survival of their endangered cultures, and to challenge and revise the historical misremembering of mainstream American society. The third justification is most controversial. It (...)
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  49. Barbara Ann Hocking & Barbara Joyce Hocking (1999). Australian Aboriginal Property Rights as Issues of Indigenous Sovereignty and Citizenship. Ratio Juris 12 (2):196-225.
  50. Louis-Philippe Hodgson (2010). Kant on Property Rights and the State. Kantian Review 15 (1):57-87.
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