Several theories of presupposition projection predict that some sentences which intuitively yield unconditional presuppositions should have weaker, conditional ones. For instance, If John is realistic, he knows that he is incompetent is predicted to have the presupposition that if John is realistic, he is incompetent, whereas one certainly infers that John is in fact incompetent. We summarize some difficulties faced by three solutions, DRT, Singh’s ‘Formal Alternatives’, and Singh’s ‘Interacting Alternatives’; we then offer a new analysis which is compatible with (...) several semantic theories of projection, and which does not require the addition of a new representational module. In essence, we obtain unconditional inferences by assuming that speakers may ignore certain parts of a sentence when they accommodate a presupposition—presumably to simplify their computational work. They do so by adding to the context an assumption that would satisfy the presupposition of the sentence no matter which meaning some of its elements have. Depending on which elements are ignored in this way, a variety of strengthened presuppositions are obtained. We speculate on a possible mechanism (which follows some of Singh’s earlier ideas) to determine which of these strengthened inferences are in fact obtained. The analysis correctly predicts some new instances of the Proviso Problem in quantificational examples. (shrink)

I argue in this paper that Locke and contemporary Lockeans underestimate the problems involved in their frequent, implicit assumption that when we apply the proviso we use the latest scientific knowledge of natural resources, technology, and the economy’s operations. Problematic for these theories is that much of the pertinent knowledge used is obtained through particular persons’ labor. If the knowledge obtained through individuals’ labor must be made available to everyone and if particular persons’ new knowledge affects the proviso’s (...) proper application, then some end up without freedom to pursue their own ends and some find their freedom subject to others’ arbitrary will. (shrink)

A libertarian theory of justice holds that persons are self-owners and have the Hohfeldian moral power to justly acquire property rights in initially unowned external resources. Different variants of libertarianism can be distinguished according to their stance on the famous Lockean proviso. The proviso requires, in Locke’s words, to leave ‘enough and as good’ for others, and thus specifies limits on the acquisition of property. Left-libertarians accept an egalitarian interpretation of the proviso, ‘right-libertarians’ either reject any kind (...) of proviso or accept rather weak versions of it. In be-tween there is room for moderate interpretations of the proviso, and in particular for a sufficientarian interpretation: a ‘sufficiency proviso.’ The resulting theory of justice can be called ‘moderate libertarianism.’ In this article I make a case for moderate libertarianism, so understood. I argue that moderate libertarianism has advantages over both left- and right-libertarianism because it better coheres with the most plausible rationale for endorsing a libertarian theory of justice in the first place. (shrink)

This note presents challenge cases for prominent pragmatic responses to the proviso problem. I offer examples of uses of conditionals _if_ \(\psi,\,\phi_{P}\) that seem to commit the speaker unconditionally to the presupposition _P_ of the consequent clause _ϕ_, even though the sentence’s predicted semantic presupposition _ψ_⊃_P_ is antecedently satisfied (contrary to context-repair accounts), and independence between _ψ_ and _P_ isn’t antecedently assumed (contrary to independence-driven accounts). The examples provided avoid problems with other examples from the literature used against pragmatic (...) accounts. I leave the matter as an unresolved challenge for satisfaction theories of presupposition. (shrink)

A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance (...) with the proviso persons interact as free and equal, or as reciprocally subject to the `laws of nature' rather than as subject to one another's arbitrary will. Because Locke's own and contemporary Lockean conceptions of the proviso subject some persons to some other persons' arbitrary will, the proviso so conceived cannot function as it should, namely as a principle that restricts interacting persons' actions reciprocally and thereby enables Lockean freedom under law. (shrink)

Response-dependence theses are usually formulated in terms of a priori true biconditionals of roughly the form ‘something, x, falls under the concept ‘F’ ↔ x would elicit response R from subjects S under conditions C’. Such formulations are vulnerable to conditional fallacy problems; counterexamples threaten whenever the C-conditions’ coming to obtain might alter the object with respect to F. Crispin Wright has suggested that such problems can be avoided by placing the C-conditions in a proviso. This ensures that any (...) changes triggered by the C-conditions’ coming to obtain will be irrelevant to the truth of the biconditional. I argue that this move leaves the equations vulnerable to counterexamples of a slightly different kind : Cases where the change is triggered, not by the C-conditions’ coming to obtain, but by the response. I consider two ways to resist these counterexamples, and argue that both are insufficient. The upshot is a challenge that must be met if provisoed biconditionals are to serve their purpose. (shrink)

Response-dependence theses are usually formulated in terms of a priori true biconditionals of roughly the form 'something, x, falls under the concept 'F' ↔ x would elicit response R from subjects S under conditions C'. Such formulations are vulnerable to conditional fallacy problems; counterexamples threaten whenever the C-conditions' coming to obtain might alter the object with respect to F. Crispin Wright has suggested that such problems can be avoided by placing the C-conditions in a proviso. This ensures that any (...) changes triggered by the C-conditions' coming to obtain will be irrelevant to the truth of the biconditional. I argue that this move leaves the equations vulnerable to counterexamples of a slightly different kind: Cases where the change is triggered, not by the C-conditions' coming to obtain, but by the response. I consider two ways to resist these counterexamples, and argue that both are insufficient. The upshot is a challenge that must be met if provisoed biconditionals are to serve their purpose. (shrink)

Interpreters of Robert Nozick’s political philosophy fall into two broad groups concerning his application of the ‘Lockean proviso’. Some read his argument in an undemanding way: individual instances of ownership which make people worse off than they would have been in a world without any ownership are unjust. Others read the argument in a demanding way: individual instances of ownership which make people worse off than they would have been in a world without that particular ownership are unjust. While (...) I argue that the former reading is correct as an interpretive matter, I suggest that this reading is nonetheless highly demanding. In particular, I argue that it is demanding when it is expanded to include the protection of nonhuman animals; if such beings are right bearers, as more and more academics are beginning to suggest, then there is no nonarbitrary reason to exclude them from the protection of the proviso. (shrink)

This paper defends the Blockian Proviso against its critics, Kinsella in particular, and interprets it as a law of non-contradiction in the theory of just property rights. I demonstrate that one may not lawfully appropriate in such a way as to forestall others from appropriating an unowned land because such appropriation would result in conflict-generating norms, and conflict-generating norms are not rationally justifiable and just norms. The Blockian Proviso, which precludes forestalling, operates therefore at the level of original (...) appropriation and determines, according to the homestead principle of justice in first acquisition, what may and what may not be lawfully appropriated. Hence, the Blockian Proviso is not an add-on to the homestead principle but part and parcel thereof. (shrink)

Matt Zwolinski argues that libertarians “should see the Basic Income Guarantee (BIG)—a guarantee that all members will receive income regardless of why they need it—as an essential part of an ideally just libertarian system.” He regards the satisfaction of a Lockean proviso—a stipulation that individuals may not be rendered relevantly worse off by the uses and appropriations of private property—as a necessary condition for a private property system’s being just. BIG is to be justified precisely because it prevents (...) class='Hi'>proviso violations. We deem Zwolinski’s argument a “Direct Proviso-Based Argument” for BIG. We argue that because this sort of argument for the BIG is in tension with other principles libertarians within the Lockean tradition hold dear, specifically prohibitions on seizing legitimately held property and forcing individuals to labor, the Direct Proviso-Based Argument fails. (shrink)

It is common to posit a clear opposition between the values served by property systems and the value of the environment. To give the environment its due, this view holds, the role of private property needs to be limited. Support for this has been said to be found in Locke’s famous ‘enough and as good’ proviso. This article shows that this opposition is mistaken, and corrects the implied reading of Locke’s proviso. In reality, there is no opposition between (...) property and the environment. This is shown using Locke’s theory of appropriation, as well as the real-life case of instream water appropriation. (shrink)

In this essay I propose to explicate and defend a new and improved version of a Lockean proviso—the self-ownership proviso . I shall presume here that individuals possess robust rights of self-ownership. I shall take it that each individual has strong moral claims over the elements which constitute her person, e.g., her body parts, her talents, and her energies. However, in the course of the essay, I shall be challenging what I take to be the standard conception of (...) self-ownership and proposing an enrichment of that conception. The SOP is presented and in part justified as an implication of the right of self-ownership as it is more richly conceived—hence its designation as the self-ownership proviso. As an implication of the right of self-ownership which is also compatible, in theory and practice, with extensive and robust private property rights, the SOP is offered as an integral element of classical-liberal political theory. (shrink)

Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to favor a substantially (...) limited rights regime. Second, the attempt to understand intellectual property as an instance of Lockean property, though admittedly anachronistic, offers an opportunity to further our understanding of Locke's own thought. My major claim will be twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke's provisos—specifically the widely neglected spoilage proviso—would sharply limit the scope of any entitlements. My secondary claim will accordingly be that the spoilage proviso's neglect is undeserved, and that it deserves a more central place in our understanding of Locke. I will not here address whether Locke provides the right way to think about property, whether IP is a good idea, or whether property rights ought to include a right to destroy; my concern is to elucidate Locke's arguments and then to block this application of them. (shrink)

Eric Mack defends a version of John Locke’s proviso. Mack applies his proviso to original appropriations, uses, and systems of private property. His proviso precludes severely disabling the world-interactive powers of others. Mack specifically warns against using concrete features of the natural world as a baseline for determine whether the proviso has been violated. While his proviso is plausible, I argue that he cannot. eschew employing the receptivity of the natural, unowned world to the extent (...) that he suggests. We cannot determine whether one’s powers are disabled or diminished without knowing how receptive the world would be to those powers had a system of private property not arisen. The upshot of this paper is that the requirements of a well-formulated proviso is an empirical matter. (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

Within Robert Nozick's theory of Justice as presented in his Anarchy, State and Utopia, does the Lockean proviso dovetail with the theory of entitlement? The main burden of this paper is to establish that far from dovetailing, there is a serious conflict between the two.Nozick's theory of Justice consists of at least three principles, namely, the principle of Justice in acquisition, the principle of Justice in transfer, and the principle of rectification of injustice. These principles treat the topics of (...) how unheld things came to be held, how they came to be transferred, and how injustice in respect to them came to be corrected or rectified. Although Nozick does not provide a detailed philosophical picture of these principles of Justice, he says enough about each of them by way of examples and explanations to constitute a powerful, criticizable doctrine. (shrink)

Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self-ownership cannot ground (...) the constraint on property use that Mack, Feser, and Russell think that it can. (shrink)

Many women today prepare for a big meeting by reading a stack of folders and applying lipstick. They order their male colleagues around, then wait for those same men to help them on with their coats. They have higher-status jobs than some of the men they date, yet they never call men socially or ask them out. What's going on? Why such seemingly contradictory behaviors? Have women completely failed feminism--or has feminism failed them? In The Lipstick Proviso , Karen (...) Lehrman--hailed by the New York Times as the "sharpest" of the new feminist thinkers--shows that women today are failing neither feminism nor themselves. Rather, they've entered a new stage of feminism, one in which the personal is not political, differences between the sexes need to be respected, and courtship, chivalry, and the nuclear family don't have to be jettisoned just because they existed before the sixties. Thirty years after the women's movement liberated women from narrowly defined roles, Lehrman argues, we are finally beginning to see which traditionally feminine behaviors are more deeply rooted in biology and which are more heavily influenced by culture. Lehrman asserts that the result--whatever it is--will not undermine feminism as long as women still retain equal rights, opportunities, and responsibilities. Dispensing with the outdated notion of sisterhood, Lehrman offers women a "lipstick proviso": women don't have to sacrifice their complex individuality in order to be equal. As the first book to move beyond a critique of orthodox feminism, The Lipstick Proviso sets a radically new course for the future of the women's movement. While there's still much political work to be done, Lehrman argues that women should now focus on the personal sides of their lives. Women can't rightly be called autonomous if they stay with abusive or even emotionally challenged lovers; say "yes" to sex when they really mean "no"; overeat or undereat to hide their sexuality. With wit and grace, Karen Lehrman offers in The Lipstick Proviso a way to complete the feminist revolution, and clearly establishes herself as the definitive voice of the next generation of feminism. (shrink)

: Fabian Wendt proposes combining libertarian foundations with a proviso that requires a just system of private property to ensure that everyone has a sufficient amount of resources to pursue projects. He calls this proviso a sufficiency proviso. This proviso is said to have advantages over all rival provisos “because it better coheres with the […].

: In a recent essay, “Forcing Nozick Beyond the Minimal State: The Lockean Proviso and Compensatory Welfare,” I argue that Nozick’s own reading of the Lockean Proviso commits him to a welfare state. In a forceful response, Jan Narveson calls my argument into question by arguing for an especially austere reading of the Lockean Proviso as ….

Hempel and Giere contend that the existence of provisos poses grave difficulties for any regularity account of physical law. However, Hempel and Giere rely upon a mistaken conception of the way in which statements acquire their content. By correcting this mistake, I remove the problem Hempel and Giere identify but reveal a different problem that provisos pose for a regularity account — indeed, for any account of physical law according to which the state of affairs described by a law-statement presupposes (...) a Humean regularity. These considerations suggest a normative analysis of law-statements. On this view, law-statements are not distinguished from accidental generalizations by the kind of Humean regularities they describe because a law-statement need not describe any Humean regularity. Rather, a law-statement says that in certain contexts, one ought to regard the assertion of a given type of claim, if made with justification, as a proper way to justify a claim of a certain other kind. (shrink)

In their influential paper “Ceteris Paribus, There is No Problem of Provisos”, Earman and Roberts (Synthese 118:439–478, 1999) propose to interpret the non-strict generalizations of the special sciences as statistical generalizations about correlations. I call this view the “statistical account”. Earman and Roberts claim that statistical generalizations are not qualified by “non-lazy” ceteris paribus conditions. The statistical account is an attractive view, since it looks exactly like what everybody wants: it is a simple and intelligible theory of special science laws (...) without the need for mysterious ceteris paribus conditions. I present two challenges to the statistical account. According to the first challenge, the statistical account does not get rid of so-called “non-lazy” ceteris paribus conditions. This result undermines one of the alleged and central advantages of the statistical account. The second challenge is that the statistical account, qua general theory of special science laws, is weakened by the fact that idealized law statements resist a purely statistical interpretation. (shrink)

This paper explores the implications of libertarianism for welfare policy. There are two central arguments. First, the paper argues that if one adopts a libertarian framework, it makes most sense to be a Lockean right-libertarian. Second, the paper argues that this form of libertarianism leads to the endorsement of a fairly extensive set of redistributive welfare programs. Specifically, the paper argues that Lockean right-libertarians are committed to endorsing welfare programs under which the receipt of benefits is conditional on meeting a (...) work requirement, and also endorsing some form of publicly funded jobs of last resort for potential welfare recipients. (shrink)

State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state of (...) nature theories, the justness of a society is marked by the conformance of the society to procedural principles. Distributions of resources and the like have no particular import for questions of justice. Whatever may later result, so long as it came about in accordance with the rules determined by the principles of justice, is itself just. The Lockean proviso is one of the principles of justice governing property and other rights of nonpattern theories of justice. The proviso hangs as a "shadow" over the results of the operation of the other (usual) principles of justice. It is intended to remedy a complaint which arises when the positions of those no longer at liberty to use some resource are worsened (1) by no longer being able to use freely what they previously were free to use and (2) in such a way that they fall below a "baseline." Following Locke, a traditional formulation of the proviso is to allow acquisition just so long as there is "enough and as good" left over for others. Section I concerns the relation of the Lockean proviso to pattern and nonpattern principles of justice, demonstrating that a Lockean proviso turns a nonpattern into a pattern theory of justice. Section II is about the relation of the Lockean proviso to the ideas revealed by an examination of a state of nature, suggesting reasons to reject ideal theories of justice. (shrink)

Habermas’ ‘ethics of citizenship’ raises a number of relevant concerns about the dangers of a secularistic exclusion of religious contributions to public deliberation, on the one hand, and the dangers of religious conflict and sectarianism in politics, on the other. Agreeing largely with these concerns, the paper identities four problems with Habermas’ approach, and attempts to overcome them: the full exclusion of religious reasons from parliamentary debate; the full inclusion of religious reasons in the informal public sphere; the philosophical distinction (...) between secular and religious reasons; and the sociological distinction between ‘Western’ and ‘non-Western’ religions. The result is a revised version of the ethics of citizenship, which I call moderate inclusivism. Most notably, moderate inclusivism implies a replacement of Habermas’ ‘institutional translation proviso’ with a more flexible ‘conversational translation proviso’. (shrink)

Locke's defense of private property rights includes what is called a proviso— "the Lockean proviso"—and some have argued that in terms of it the right to private property can have various exceptions and it may not even be unjust to redistribute wealth that is privately owned. I argue that this cannot be right because it would imply that one's right to life could also have various exceptions, so anyone's life (and labor) could be subject to conscription if some (...) would need it badly enough. Since this could amount to enslavement and involuntary servitude, it would be morally and legally unacceptable. Key Words: rights • John Locke • Lockean proviso • scarcity. (shrink)

The core idea of libertarianism, considered as a basic moral theory, is that people have certain negative rights and that those rights determine morally right action. Libertarianism is supposed to provide robust explanations to some of our intuitions, such as that it is wrong to steal, kill, rape or enslave other people. However, its exclusive focus on negative rights (i.e., rights to non-interference) makes it incapable of explaining some other intuitions, such as that the utterly rich should help the utterly (...) poor. Although libertarianism can explain why we should never do bad to others, it cannot explain why we should sometimes do good to others. For this reason, libertarianism is not satisfactory as it stands. A natural suggestion, therefore, is that we should either abandon libertarianism in favor of some of its better faring rivals, or revise the theory in order to get rid of the features that make it unsatisfactory. This paper proposes a new libertarian theory of morality: a theory that endorses a utilitarian proviso for use of external resources. I call this theory mid-libertarianism. The basic idea of mid-libertarianism is that individuals are free to do as they want as long as they do not violate the rights of others, given that they maximize utility whenever they use external resources. The paper is divided into four main sections. In this frst section, I introduce mid-libertarianism as a normative ethical theory. In the second main section, I put forward the key arguments for mid-libertarianism, which are, roughly, that it maintains the main explanatory powers of existing versions of libertarianism, while it avoids some of the most severe problems that these theories face. In the third section, I answer some potential objections to midlibertarianism. In the fourth section, I conclude that mid-libertarianism deserves to be taken seriously as a new contender in the normative ethics debate. (shrink)

While Rawls himself put contractualism to work at the national level, his more cosmopolitan followers have argued that the full requirements of international justice can be reached only by way of a global contractualist argument. Both positions neglect a resource from within the contractualist tradition, The need for iteration of the nation-level contract gives rise to strong and reasonably definite moral requirements. A good-faith adoption of the contractual argument entails, first, a duty to assist those whose potential recourse to just (...) arrangements is blocked by tyranny or political collapse. Second, understood as a net risk-reducing project, a nation-level contract entails a duty not to impede the iterated risk-reduction projects of other national soceties. Envisaging the duty in this contractualist way avoids problems that beset both "natural duty" and "interactionist" approaches to international justice. The non-impedance requirement bears especially on international economic arrangements. The institutional representation of those affected by such arrangements would connect this abstract requirement with practical conclusions. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of (...) the structure of Proviso arguments, supports a new theory of how territorial claims can be positive-sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

Rising sea levels may sink entire countries. Individualistic solutions to this climate catastrophe, such as those proposed by Meisels and Risse, are inadequate on both Kantian and Lockean criteria. This article concurs with Cara Nine's recent argument that such ‘ecological refugee states’ are entitled to territorial remedies. But Nine's proposal, founded on Locke's ‘sufficiency’ proviso and Nozick's famous application of it to waterholes in the desert, is instructively incorrect. Careful consideration of the distinction between land and territory, and of (...) the structure of Proviso arguments, supports a new theory of how territorial claims can be positive‐sum — how the amount of territory can increase even as the land base remains constant or decreases. This normative conception of territory as the ratio of justice to land use provides a better foundation for a political solution to the problem of ecological refugee states and also generates deeper insight into the nature of territory itself. The article thus contributes not only to our thinking about redress for ecological refugees, but also to the burgeoning literatures on territory and on the Lockean Provisos. (shrink)

: Critics of Nozick have claimed that his formulation of the Lockean proviso is too permissive to serve as a morally plausible constraint on resource acquisition. In this essay, I advance a new critique of Nozick’s entitlement theory. In particular, I argue that even on his own permissive formulation of the Lockean proviso, he faces ….

The concept of a Liberal Proviso introduced in “Neutrality and Perfectionism in Public Health” provides some ideas on how to limit excessive or unjustified interventions from...

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?

Eleonora Orlando argues that one must understand some descriptivist theories of names that I criticize in my book Roads to Reference as ceteris paribus generalizations, and that on this understanding they survive my criticisms; she also introduces some doubts about my views on the knowledge speakers have of the reference-fixing conventions I postulate for proper names. In this note I argue against Orlando’s suggestion about ceteris paribus provisos and explain my view of the epistemology of reference-fixing conventions.

The problem of ceteris paribus clauses and Hempel’s problem of provisos are closely-related difficulties. Both challenge advocates of accounts of scientific theories involving laws understood as universal generalizations, and they have been treated as identical problems. Earman and Roberts argue that the problems are distinct. Towards arguing against them, I characterize the relationship between Hempel’s provisos and one way of expressing ceteris paribus clauses. I then describe the relationship between the problems attributed to the clauses, suggesting that they form a (...) single problem-cluster. However, Hempel’s way of formulating provisos and discussing what they involve entangles provisos with the problem of skepticism. This creates a departure in Hempel’s discussion of provisos from the distinctive problem of vacuity which characterizes the problem of ceteris paribus clauses, though for different reasons than Earman and Roberts suggest. (shrink)

Libertarians have long been divided over how best to interpret the Lockean proviso, which requires that one leave “enough and as good” in common for others after one’s appropriation. This article sheds light on this exegetical question in relation to its qualitative part through a contextual analysis of Locke’s often neglected writings on ….

Libertarian justice arguably permits much that is harsh. It might plausibly be thought to generate only minimal obligations on the part of present people toward future generations. This turns out not to be so, at least on Nozick's version of libertarian justice, which is among the most thoroughly worked-out versions. Nozickian justice generates extensive obligations to future people. This provides an indirect argument for environmentalist policies such as resource conservation and wilderness preservation. The basis for these obligations is Nozick's use (...) of Locke's proviso, which is spelled out using the notion of the baseline. This paper explains how the extensive obligations are implied by the core ideas of Nozickian justice. There is also a discussion of some of the difficulties involved in understanding the notion of the baseline. However, these difficulties do not destroy the theoretical basis for obligations to future generations contained within Nozickian justice. Provided that libertarian justice involves some such device as Locke's proviso the enforcement of substantial environmentalist policies comes within the ambit of the libertarian minimal state. (shrink)

The aim of this paper is to explore the split between two kinds of reasoning – non-public (culturally dependent) and public (characteristic for the procedures of policy design and, more generally, of taking generally binding decisions within the institutions of power). A largely acknowledged problem is that attempts to influence the public policies from the positions of cultural communities cannot be rationally substantiated because the arguments used are in most cases not recognized as valid by the general public, which does (...) not share the particular beliefs and assumptions that guide reasoning in a contextually “embedded” cultural environment. This “barrier” between non-public and public reasoning is hindering the progress of recognizing minority rights and allowing the input of religiously inspired ideas into public life, to say the least. More concretely, my purpose is to point out certain philosophical debates which can provide, in my opinion,theoretical “instruments” that might help reconceptualize the possibilities for communication between the nonpublic and the public domains. I mean first of all, but not only, the theories of political liberalism and deliberative democracy as well as the differentiation between “substantivist” and “procedural” kinds of discourse. (shrink)

Much of the literature on "ceteris paribus" laws is based on a misguided egalitarianism about the sciences. For example, it is commonly held that the special sciences are riddled with ceteris paribus laws; from this many commentators conclude that if the special sciences are not to be accorded a second class status, it must be ceteris paribus all the way down to fundamental physics. We argue that the (purported) laws of fundamental physics are not hedged by ceteris paribus clauses and (...) provisos. Furthermore, we show that not only is there no persuasive analysis of the truth conditions for ceteris paribus laws, there is not even an acceptable account of how they are to be saved from triviality or how they are to be melded with standard scientific methodology. Our way out of this unsatisfactory situation to reject the widespread notion that the achievements and the scientific status of the special sciences must be understood in terms of ceteris paribus laws. (shrink)

Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and (...) forced labor are serious wrongs even when they generate more equitable outcomes or benefit the greater good. I argue that, when SO is coupled with LP, this appeal is unfounded. SO, as usually construed, allows for the possibility of justified incursions of non-culpable agents up to and including forced organ donation. I conclude by considering a few possible responses on behalf of the libertarian, assessing each one’s plausibility. (shrink)

The Proviso Problem is the discrepancy between the predictions of nearly every major theory of semantic presupposition about what is semantically presupposed by conditionals, disjunctions, and conjunctions, versus observations about what speakers of certain sentences are felt to be presupposing. I argue that the Proviso Problem is a more serious problem than has been widely recognized. After briefly describing the problem and two standard responses to it, I give a number of examples which, I argue, show that those (...) responses are inadequate. I conclude by briefly exploring alternate approaches to presupposition that avoid this problem. -/- . (shrink)

We respond to Stephen T. Davis’ criticism of our earlier essay, “Assessing the Resurrection Hypothesis.” We argue that the Standard Model of physics is relevant and decisive in establishing the implausibility and low explanatory power of the Resurrection hypothesis. We also argue that the laws of physics have entailments regarding God and the supernatural and, against Alvin Plantinga, that these same laws lack the proviso “no agent supernaturally interferes.” Finally, we offer Bayesian arguments for the Legend hypothesis and against (...) the Resurrection hypothesis. (shrink)