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 as original appropriation against the background of a general justification for a practice of property rights. On this view, what I will call ‘natural’ acts of original appropriation are acts by which a person begins to satisfy the general conditions for justified ownership. Finally, I offer an interpretation of John Locke's theory of appropriation along these lines and argue that it provides an attractive reading of his view. (shrink)

Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes (...) any role for a Lockean Proviso. I shall show that this is a bad argument. Although I would argue that satisfaction of a Lockean Proviso is indeed a necessary condition for the appropriation of unowned things, I shall not attempt to establish that here. My goal here is more modest: to rebut one argument against the Lockean Proviso. (shrink)

James Tully and others have argued recently that the theory of property Locke defends in the Second Treatise was designed to justify European settlement on the lands of North American Natives. If this view becomes generally accepted, and Tuck suggests it will be, doubts may arise about the impartiality of Lockean property theories. Locke, as is well established and documented again by Tully, had huge vested interests in the European settlement of North America and possibly in the enslavement of Native (...) Peoples. Doubts about Locke may reflect on all rights theories of property and thus bring into question ‘one of the major political philosophies of the modem world’. Raising these doubts is part of Tully's declared intention. His article tries to show that the Native systems of property and government which Locke defines away as illegitimate are in fact interesting and potentially beneficial alternatives to Lockean individual rights theories. (shrink)

This paper reconstructs the conceptual foundations of Locke’s unilateralist theory of original appropriation through a critical comparison with the rival compact theories of Grotius and Pufendorf. Much of the normative and conceptual framework of Locke’s theory is common to theirs. Integrating his innovative doctrines on labour and natural self-proprietorship into this received theoretical framework logically required Locke to make several conceptual amendments. I highlight three all but overlooked revisions: (i) an unusually broad conception oflabour; (ii) a reduction of (...) mere use-rights toproperty rights; and (iii) a novel non-self-preservationist interpretation of thedivine authorizationto use natural resources in common. The reconceptualization of ‘labour’ is theoretically the most fundamental, underpinning the other two. My contextual reconstruction enhances our grasp of the structure of Locke’s theory of original appropriation. It also reveals Locke’s main objection to compact theories to be an external one, hinging on idiosyncratic conceptualizations of key notions. (shrink)

An examination of the rise in prestige of the Bible as a literary and aesthetic model during the late eighteenth century.

This article elucidates the spatial order that underpins the politics of the Anthropocene – the ecological nomos of the earth – and criticizes its imperial origins and legacies. It provides a critical reading of Carl Schmitt’s spatial thought to not only illuminate the spatio-political ontology but also the violence and usurpations that characterize the Anthropocene condition. The article first shows how with the emergence of the ecological nomos seemingly ‘natural’ spaces like the biosphere and the atmosphere became politically charged. This (...) challenges the modernist separation between natural facts and political norms. It then underlines the imperial origins of this nomos by introducing the concept of air-appropriation understood as the colonization of atmospheric space by CO2 emissions. Instead of assuming that the ecological nomos represents a transition from a colonial to an ecological and cosmopolitan world order, focusing on air-appropriation highlights forms of ecological imperialism that go along with the new nomos. Accordingly, the article calls for a just redistribution of ecospace that takes into account the imperial legacies and ongoing effects of air-appropriation. (shrink)

Perhaps the most readable and accessible of the great works of scientific imagination, The Origin of Species sold out on the day it was published in 1859. Theologians quickly labeled Charles Darwin the most dangerous man in England, and, as the Saturday Review noted, the uproar over the book quickly "passed beyond the bounds of the study and lecture-room into the drawing-room and the public street." Yet, after reading it, Darwin's friend and colleague T. H. Huxley had a different reaction: (...) "How extremely stupid not to have thought of that." Based largely on Darwin's experience as a naturalist while on a five-year voyage aboard H.M.S. Beagle, The Origin of Species set forth a theory of evolution and natural selection that challenged contemporary beliefs about divine providence and the immutability of species. A landmark contribution to philosophical and scientific thought, this edition also includes an introductory historical sketch and a glossary Darwin later added to the original text. Charles Darwin grew up considered, by his own account, "a very ordinary boy, rather below the common standard of intellect." A quirk of fate kept him from the career his father had deemed appropriate--that of a country parson--when a botanist recommended Darwin for an appointment as a naturalist aboard H.M.S. Beagle from 1831 to 1836. Darwin is also the author of the five-volume work Zoology of the Voyage of the Beagle (1839) and The Descent of Man (1871). (shrink)

Appropriation art involves the use of pre-existing works of art with little to no transformation. Works of AA fail to satisfy established criteria for originality, such as creative labour and transformative use. As such, appropriation artists are often subject to copyright lawsuits and defend their work under the fair use doctrine of US copyright law. In legal cases regarding AA and fair use, judges lack a general principle whereby they can determine whether or not the offending party has (...) ‘transformed’ the original work. Further, it is not the case that there is some antecedent fact that could determine the outcome one way or another. I diagnose debates surrounding the transformative nature of works of AA as cases of ‘metalinguistic negotiation’ over what concepts we should attach to terms like ‘copy’, ‘transformative’, and ‘work of art’. (shrink)

Ethical concerns about therapeutic misconception have been raised since the early 1980s. This concept was originally described as research participants' assumptions that decisions relating to research interventions are made on the basis of their individual therapeutic needs. The term has since been used to refer to a range of ‘misunderstandings’ that research participants may have. In this paper, we describe a new concept—therapeutic appropriation. Therapeutic appropriation occurs when patients, or clinicians, actively reframe research participation as an opportunity to (...) enhance patients' clinical care, while simultaneously acknowledging the generalised research aims. To illustrate the concept of therapeutic appropriation, we draw on data from an interview study which we conducted to investigate the experiences of patients and general practitioners involved in clinical trials in primary care. We argue that therapeutic appropriation has two key elements: comprehension that the research project is not necessarily aiming to benefit participants and the deliberate use of incidental features of the research for personal therapeutic benefit of various kinds. We conclude that therapeutic appropriation is a useful concept that refines understanding of potential ethical problems in clinical research, and points to strategies to address them. (shrink)

I argue that the Lockean 'enough and as good' proviso provides support for egalitarian as opposed to libertarian or sufficientarian claims over worldly resources. These egalitarian claims apply to contemporary advanced industrial societies with money-based economies as well as primitive agrarian barter economies. But the full 'luck egalitarian' complement of equality of opportunity for welfare cannot be derived from a Lockean approach that focuses on our egalitarian claims to unowned bits of the world. For that, we need to reach beyond (...) Locke, and appeal to complaints of unfairness that have nothing in particular to do with our claims to worldly resources. (shrink)

In the thesis literature review, an engineering graduate student is expected to place original research in the context of previous work by other researchers. However, for some students, particularly those for whom English is a second language, the literature review may be a mixture of original writing and verbatim source text appropriated without quotations. Such problematic use of source material leaves students vulnerable to an accusation of plagiarism, which carries severe consequences. Is such textual appropriation common in (...) engineering master’s writing? Furthermore, what, if anything, can be concluded when two texts have been found to have textual material in common? Do existing definitions of plagiarism provide a sufficient framework for determining if an instance of copying is transgressive or not? In a preliminary attempt to answer these questions, text strings from a random sample of 100 engineering master’s theses from the ProQuest Dissertations and Theses database were searched for appropriated verbatim source text using the Google search engine. The results suggest that textual borrowing may indeed be a common feature of the master’s engineering literature review, raising questions about the ability of graduate students to synthesize the literature. The study also illustrates the difficulties of making a determination of plagiarism based on simple textual similarity. A context-specific approach is recommended when dealing with any instance of apparent copying. (shrink)

This paper begins with a sketch of a few themes in the philosophy of property insofar as they relate to the concept of cultural appropriation. It then offers a survey of Edmund Husserl’s account of culture. These reflections put us in a better position to ask whether property ownership provides a suitable interpretative framework for acts of intercultural copying and influence. On the contrary, Husserl’s account of culture leads us away from the claim that members of a cultural group (...) should be understood to have property in cultural formations arising within their group. By putting meaning, rather than ownership, at the center of our understanding of culture, the paper offers an alternative account of what might be wrong, when there is something wrong, with events typically labeled culturally appropriative. The paper concludes by connecting concerns for cultural appropriation with conceptions of cultural authenticity, distinguishing between an autochthonal sense of authenticity, focused on internal origins and protection from outside forces, and a Husserlian sense of authenticity, connected to reason, responsibility, and truth. (shrink)

This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist (...) theory places very stringent restrictions on both the amount of unappropriated resources each person has a right to appropriate and the use they can make of those appropriated resources. The conclusion of my argument can be either used as a premise in a modus tollens argument to be used against natural-right theories of property rights or as a premise in a modus ponens argument in favour of a broadly left-libertarian theory. (shrink)

In this highly original and provocative book, Michel Serres reflects on the relation between nature and culture and analyzes the origins of the world's contemporary environmental problems. He does so through the surprising proposition that our cleanliness is our dirt. While all living beings pollute to lay claim to their habitat, humans have multiplied pollution's effects catastrophically since the Industrial Revolution through the economic system's mode of appropriation and its emphasis on mindless growth. He warns that while we (...) can measure what he calls "hard pollution"—the poisoning of the Earth—we ignore at our peril the disastrous impact of the "soft pollution" created by sound and images on our psyches. Sounding the alarm that the planet is heading for disaster, Serres proposes that humanity should stop trying to "own" the world and become "renters." Building on his earlier work, especially that on hominization, he urges us to establish a "natural contract" with nature. Published with the assistance of the Edgar M. Kahn Memorial Fund. (shrink)

This chapter asks how moral shame and dread in Theravāda Buddhist philosophy compare with their appropriated use in contemporary Thai society. There has been a received view or an appropriated understanding of these concepts, warning against doing bad deeds. Moral shame and dread imply an irrational fear of doing something morally horrible in this contemporary usage. For example, one has an excessive fear of punishments in purgatory and believes it should be the sole morally appropriate reason for not killing. However, (...) how does this appropriated understanding differ from the original Buddhist understanding? This chapter argues that they differ in their philosophical assumptions: causalism and possibilism. Theravāda philosophy espouses causalism, the view that one should avoid bad deeds because of the doctrine of karma. On the other hand, the appropriated understanding implies possibilism, with a scrupulosity-based assumption that avoiding evil behaviors is motivated by the grip of unreasonable fear that doing them could result in irredeemable errors. I offer a new conception of meditative intentionality's power to solve this implied irrational fear problem. (shrink)

In this article, I discuss the incorporation of traditional ‘sayings of the wise’ and the mythical presentation of certain doctrines in the Platonic dialogues, particularly the Meno’s myth of recollection and the Philebus’s myth of the limit and the unlimited. I argue against a common view of Platonic myth, which holds that such passages are merely rhetorical devices and naive presentations of philosophical doctrines, whose aura of traditional authority ultimately forestalls and inhibits philosophical reflection. I attempt to show in the (...) case of the Meno and the Philebus that Platonic myths serve to cultivate and sustain a kind of philosophical reflection and to illustrate the search for first principles, causes, and the origins of things. I maintain that Platonic myth represents a mode of understanding and of thought that mediates between the opinions of individuals and knowledge proper or wisdom. (shrink)

In this article, I discuss the incorporation of traditional ‘sayings of the wise’ and the mythical presentation of certain doctrines in the Platonic dialogues, particularly the Meno’s myth of recollection and the Philebus’s myth of the limit and the unlimited. I argue against a common view of Platonic myth, which holds that such passages are merely rhetorical devices and naive presentations of philosophical doctrines, whose aura of traditional authority ultimately forestalls and inhibits philosophical reflection. I attempt to show in the (...) case of the Meno and the Philebus that Platonic myths serve to cultivate and sustain a kind of philosophical reflection and to illustrate the search for first principles, causes, and the origins of things. I maintain that Platonic myth represents a mode of understanding and of thought that mediates between the opinions of individuals and knowledge proper or wisdom. (shrink)

How to read Plato's Dialogues? -- Freedom-general and universal -- Dialectic of library -- Participation and appropriation -- Onto-politics and political ontology -- Equality and difference -- The good-rationality, totality, dialectic -- Justice, politics and philosophy -- Foundations of responsibility -- The politics of virtue -- Dialectic of liberty revisited-democracy and Politeia -- Liberty in the Polis.

Face aux tentatives des logiciens de démontrer la validité ou l'invalidité du Maître-argument de Diodore Kronos en s'empressant de déclarer un gagnant à l'argumentaire opposant le philosophe de Mégare à Aristote, nous esquissons par ce présent article une analyse globale du dogme diodoréen qui considère l'ensemble des témoignages antiques répertoriés sur sa pensée, permettant de dresser un portait cohérent d'une pensée positive qui le plus souvent n'est considérée que de façon éristique. Cette approche permet de mettre en lumière les assises (...) dogmatiques du Maître-argument, notamment en relation avec les arguments sur les corps sans parties ; si le monde physique est composé d'ultimes corps indivisibles et sans parties, ces unités ne peuvent être dans le même lieu et dans un autre lieu au même instant, alors « rien ne se meut » . Si Diodore reprend la thèse éléatique de l'impossibilité d'appréhender logiquement le mouvement, il renouvèle toutefois la tradition mégarique en affirmant l'existence du mouvement achevé, car l'on constate bien qu'un corps est passé d'un lieu à l'autre, et donc qu'il s'est mû! Or nous démontrons que l'affirmation singulière d'un mouvement exclusivement conjugué au passé, et donc jamais soumis au devenir, a vraisemblablement des origines aristotéliciennes. En effet, Diodore semble soumettre certains développements de La Physique à une analyse strictement logique en fondant sa conception du temps dans son unité , là où Aristote privilégiait l'analyse empirique dans une conception continue du temps et du mouvement. C'est donc à partir de cette divergence fondamentale d'approche épistémologique qu'il faut comprendre le débat sur le possible. En définissant le mouvement comme « l'acte de l'étant en puissance » , Aristote pense le possible à partir des possibilités ontiques de la substance , tandis que Diodore, en identifiant le possible à l'acte, évite le danger de spéculer sur des possibles qui ne se réalisent pas et ainsi de confondre être et non-être; or en distinguant le possible et le nécessaire, il dément la tradition qui lui attribuait un simple nécessitarisme et renouvèle véritablement l'ontologie éléate. À partir de développements préliminaires de Robert Muller, ce présent article démontre ainsi la pertinence d'interpréter la pensée diodoréenne comme une ontologie du dévoilement rendue possible par une critique et une appropriation mégarique de la pensée aristotélicienne. (shrink)

The significance of the discovery of half of Dewey’s most important China lecture series notes, “Social and Political Philosophy,” cannot be overestimated. These newly-discovered lecture notes provide us with a unique opportunity to conduct a translation case study in both directions: first, to check Hu Shi’s translation against Dewey’s lecture notes; and second, to check John Dewey: Lectures in China, 1919-1920, “back translations” in the terminology of translation studies, both against Hu’s translation and against Dewey’s original notes that the (...) back translators tried to reconstruct. More important, by treating translations as re-writes and as products of cultural and ideological manipulations, this case study enables us to analyze how Hu Shi appropriated Dewey’s ideas to advance his own cultural and political agenda while acting as the latter’s interpreter. (shrink)

When in 1747 Diderot and d’Alembert took over the direction of the Encyclopédie, they inherited a project initially conceived as a translation of Ephraim Chambers’ Cyclopaedia. The latter work having left its mark on what would eventually be presented as an original enterprise, the editors would often find themselves having to explain their relation to their English model. In polemics surrounding the publication of the first volumes, borrowings from Chambers and other sources came under scrutiny from defenders of religion (...) who accused the encyclopedists of both plagiarism and impiety. Starting from these observations, this article proposes to consider the contribution of the Abbé Edme Mallet, one of Diderot and d’Alembert’s earliest recruits, and the author of hundreds of articles in ancient and modern history, literature, and theology. Identifying what is borrowed or original in these articles reveals important oversights in the history of the work’s reception, necessitating a reevaluation of its main theologian. (shrink)

In recent decades in Korea, many significant changes in political, social and cultural dimensions have been held by the citizen’s initiative, where the revitalization of citizenship and strong civic unity have played a role. Yet, in regard to the characteristic of Korean citizenship, it seems that the aspect of individual subject has not been fully matured or issued; that is, there is a dissymmetry between the strong civic unity and a weak individual subject. This paper attempts to explore a possible (...) historical account of why this has been the case by examining the historical development of the concept of enlightenment in modern Korea and Japan. ‘Enlightenment’, as a modern concept in Korea, was imported via Japan in the period from the late nineteenth century to the early twentieth century as in many other new concepts such as ‘democracy’ or ‘nation’. However, by comparison to the Western idea of the Enlightenment, its modern concept, Korean or Japanese, developed a different meaning in each own context, while lacking its original meaning essential to the creation of the ‘modern individual subject’ as a ‘citizen’. Hence, in modern Korea and Japan, the word ‘enlightenment’ is regarded as a historical concept with no contemporary relevance. (shrink)

Contrary to what he expected, Primo Levi didn’t experience his life after being released from Auschwitz as cheerful and light-hearted. He – like many other survivors – was haunted by an obscure and solid anguish. It took some effort for him to discern the object or source of this anguish. He finally identified it as springing from a sense of shame or guilt in front of the drowned, that is, of those who were exterminated in the Lager. He could not (...) determine, however, whether his shame or guilt was at all rational. In this paper l examine Levi’s shame in light of what I regard as the dominant conception of practical deliberation, according to which principles and emotional detachment are central to our ability to deliberate appropriately. This conception underlies the role that John Rawls ascribes to the original position in the determination of the fundamental principles of justice. Deliberation in the original position is supposed to abstract away from any particular moral situations that one may actually have faced, since these are purely circumstantial elements to be discarded as both irrelevant and misleading for a proper deliberation on the principles of justice. In this paper, I intend both to make a case against the conception of practical deliberation on which Rawls’ original position relies and to vindicate the rationality of Levi’s shame, once some well-entrenched assumptions are brought to light and challenged. (shrink)

text as original form and reprinted in 2020.

The ‘managed-metabolism’ hypothesis suggests that a ‘cooperation barrier’ must be overcome if self-producing chemical organizations are to undergo the transition from non-life to life. This dynamical barrier prevents un-managed autocatalytic networks of molecular species from individuating into complex, cooperative organizations. The barrier arises because molecular species that could otherwise make significant cooperative contributions to the success of an organization will often not be supported within the organization, and because side reactions and other ‘free-riding’ processes will undermine cooperation. As a result, (...) the barrier seriously impedes the emergence of individuality, complex functionality and the transition to life. This barrier is analogous to the cooperation barrier that also impedes the emergence of complex cooperation at all levels of living organization. As has been shown at other levels of organization, the barrier can be overcome comprehensively by appropriate ‘management’. Management implements a system of evolvable constraints that can overcome the cooperation barrier by ensuring that beneficial co-operators are supported within the organization and by suppressing free-riders. In this way, management can control and manipulate the chemical processes of a collectively autocatalytic organization, producing novel processes that serve the interests of the organization as a whole and that could not arise and persist in an un-managed chemical organization. Management self-organizes because it is able to capture some of the benefits that are produced when its interventions promote cooperation, thereby enhancing productivity. Selection will therefore favour the emergence of managers that take over and manage chemical organizations so as to overcome the cooperation barrier. The managed-metabolism hypothesis demonstrates that if management is to overcome the cooperation barrier comprehensively, its interventions must be digitally coded. In this way, the hypothesis accounts for the two-tiered structure of all living cells in which a digitally-coded genetic apparatus manages an analogically-informed metabolism.GraphicalOpen image in new window. (shrink)

Plantinga develops an ambitious theistic religious epistemology on which theists can have non-inferential knowledge of God. Central to his epistemology is the idea that human beings have a “sensus divinitatis” that produces such knowledge. Recently, several authors have urged an appropriation of the sensus divinitatis that is more friendly to internalist views, such as Phenomenal Conservativism. I argue that this appropriation is too timid and tepid in a variety of ways. It applies only to a small fraction of (...) theistic beliefs; it fails to play the theological role Plantinga intended the sensus divinitatis to play; it fails to imply that most theistic beliefs, most of the time, are justified; when combined with a standard form of Evidentialism, it actually implies that most theistic beliefs are, if justified, inferentially justified; and it is consistent with substantive criticisms of theistic belief originating in work from the Cognitive Science of Religion. (shrink)

The ‘managed-metabolism’ hypothesis suggests that a ‘cooperation barrier’ must be overcome if self-producing chemical organizations are to undergo the transition from non-life to life. This dynamical barrier prevents un-managed autocatalytic networks of molecular species from individuating into complex, cooperative organizations. The barrier arises because molecular species that could otherwise make significant cooperative contributions to the success of an organization will often not be supported within the organization, and because side reactions and other ‘free-riding’ processes will undermine cooperation. As a result, (...) the barrier seriously impedes the emergence of individuality, complex functionality and the transition to life. This barrier is analogous to the cooperation barrier that also impedes the emergence of complex cooperation at all levels of living organization. As has been shown at other levels of organization, the barrier can be overcome comprehensively by appropriate ‘management’. Management implements a system of evolvable constraints that can overcome the cooperation barrier by ensuring that beneficial co-operators are supported within the organization and by suppressing free-riders. In this way, management can control and manipulate the chemical processes of a collectively autocatalytic organization, producing novel processes that serve the interests of the organization as a whole and that could not arise and persist in an un-managed chemical organization. Management self-organizes because it is able to capture some of the benefits that are produced when its interventions promote cooperation, thereby enhancing productivity. Selection will therefore favour the emergence of managers that take over and manage chemical organizations so as to overcome the cooperation barrier. The managed-metabolism hypothesis demonstrates that if management is to overcome the cooperation barrier comprehensively, its interventions must be digitally coded. In this way, the hypothesis accounts for the two-tiered structure of all living cells in which a digitally-coded genetic apparatus manages an analogically-informed metabolism. Graphical Abstract. (shrink)

ABSTRACT In the work of Ernesto Laclau, populism is treated as a hegemonic challenge. Hegemony describes the usurpation of the image of society as a totality by a particular and underdetermined social imaginary. Seen through the lens of what Johann P. Arnason terms “post-transcendental phenomenology”, this concerns the way in which a society sees and experiences both itself and the world it inhabits. This article suggests that hegemonic social imaginaries are built into a society’s public spaces, and are in turn (...) experienced by citizens moving through these spaces, meaning that the built environment is central to the development of populist imaginaries. The article discusses how the neoliberal city exemplifies the way social imaginaries are inscribed into the physical landscape by highlighting three moments in the city; the institution of a certain imaginary as dominant; its sedimentation within the urban fabric over time; and finally, the re-activation of the original moment of institution, which opens up the possibility for new beginnings to overwrite the imaginaries encoded in the city. These three moments describe how physical, built spaces make concrete the power relations and horizons of possibility of the hegemonic imaginary—making possible and encouraging certain ways of being while discouraging (and hiding) others. This hegemonic logic of occupying a public space in the name of a particular subset of the population is a not only parallel to the form of populist politics, but populist sentiment is—at least in part—provoked by the experiences of inhabiting these spaces. (shrink)

Lorsque la philosophie a voulu penser la propriété et son origine, elle a fait de la nature le cadre approprié pour l’appréhender, y compris à des époques où la propriété, aussi bien privée que commune, était déjà régulée par un système de juridictions préexistant. La propriété et la question de sa légitimité ont alors été interrogées aux confins de l’articulation entre l’ordre du fait (s’incarnant notamment dans l’appropriation) et celui du droit. Néanmoins la mise au premier plan d’une nécessité (...) naturelle ainsi que l’inscription de l’appropriation dans un registre naturaliste ont pour vocation de soustraire la propriété à la problématique de la justice distributive. L’approche naturaliste de l’appropriation privative implique en outre un usage pragmatique de la norme juridique, renversant par là la « loi de Hume », alors même que cette norme pourrait être tout aussi légitimement mobilisée pour instaurer un devoir-être plutôt que pour instituer juridiquement un état de fait. Classification JEL : B12, P14. (shrink)

Lorsque la philosophie a voulu penser la propriété et son origine, elle a fait de la nature le cadre approprié pour l’appréhender, y compris à des époques où la propriété, aussi bien privée que commune, était déjà régulée par un système de juridictions préexistant. La propriété et la question de sa légitimité ont alors été interrogées aux confins de l’articulation entre l’ordre du fait (s’incarnant notamment dans l’appropriation) et celui du droit. Néanmoins la mise au premier plan d’une nécessité (...) naturelle ainsi que l’inscription de l’appropriation dans un registre naturaliste ont pour vocation de soustraire la propriété à la problématique de la justice distributive. L’approche naturaliste de l’appropriation privative implique en outre un usage pragmatique de la norme juridique, renversant par là la « loi de Hume », alors même que cette norme pourrait être tout aussi légitimement mobilisée pour instaurer un devoir-être plutôt que pour instituer juridiquement un état de fait. Classification JEL : B12, P14. (shrink)

Teachers and teacher educators in the US struggle with conflicting needs. They must think critically and adaptively in response to the rapidly changing demographics of their students and adjust to a policy climate that emphasizes standardization, measurement, and disregard for teachers as professionals. Embattled pre-service teacher education programs in institutions of higher education have traditionally sought to develop teacher candidates’ knowledge, skills, and dispositions. The authors argue that in the current climate pre-service teachers also must appropriate conceptual frameworks to support (...) their development as responsive professionals. While dispositions are beliefs and attitudes the origin and teaching of which remain in dispute, concepts like social justice, political-economic equity, and formative assessment are abstract ideas or concepts that inform practice. Conceptual tools, i.e., concepts, theories, and frameworks, guide novice teachers in making decisions in response to the growing and rapidly changing student populations they will teach as well as the policy contexts that constrain their teaching practice. The appropriation of conceptual tools contributes to development of vision and adaptive expertise required by responsive teacher professionals. Using an activity theory framework developed by Wartofsky that draws in particular on the classification of artifacts, or tools, this article frames and critically examines teachers’ need for conceptual tools, the appropriation of those tools, and a mixed methods study of that appropriation. The study demonstrates that teacher candidates do appropriate conceptual tools, but that measurement of that process, though desirable in the current policy context, requires the development of a systematic and replicable methodology. (shrink)

In recent years, there has been considerable debate concerning the origin of divine Christology. Nevertheless, the proposed theories are beset with problems, such as failing to address the evidence of widespread agreement among the earliest Christians concerning divine Christology, and the issues related to whether Jesus' intention was falsified. This book offers a new contribution by addressing these issues using transdisciplinary tools. It proposes that the earliest Christians regarded Jesus as divine because a sizeable group of them perceived that Jesus (...) claimed and showed himself to be divine, and thought that God vindicated this claim by raising Jesus from the dead. It also provides a comprehensive critique of alternative proposals, and synthesizes their strengths. It defends the appropriateness and merits of utilizing philosophical distinctions (e.g. between ontology and function) and Trinitarian concepts for explaining early Christology, and incorporates comparative religion by examining cases of deification in other contexts. (shrink)

To the realists.—You sober people who feel well armed against passion and fantasies and would like to turn your emptiness into a matter of pride and ornament: you call yourselves realists and hint that the world really is the way it appears to you. As if reality stood unveiled before you only, and you yourselves were perhaps the best part of it … But in your unveiled state are not even you still very passionate and dark creatures compared to fish, (...) and still far too similar to an artist in love? And what is ‘reality’ for an artist in love? You are still burdened with those estimates of things that have their origin in the passions and loves of former centuries. Your sobriety still contains a secret and inextinguishable drunkenness. Your love of ‘reality’, for example-—oh, that is a primeval ‘love’ … Subtract the phantasm and every human contribution from it, my sober friends! If you can! If you can forget your descent, your past, your training—all of your humanity and animality. (F. Nietzsche,The Gay Science, Book Two, extract from Section 57). (shrink)

This book contains the historically most important discussions of the philosophical foundations of left-libertarianism. Like the more familiar right-libertarianism (such as that of Nozick), left-libertarianism holds that agents own themselves (and thus owe no service the others expect as the result of voluntary action). Unlike right-libertarianism, however, left-libertarianism holds that natural resources are owned by the members of society in some egalitarian manner, and may be appropriated only with their permission, or with a significant payment to them.

In contemporary discussions of the concept of intention, the assumption is made that an intention results from a person's decision, or resolution, or plan, or the like. And the intention persists, generally, until the appropriate action is carried out. However, intentions cannot be said to have temporal duration, or beginnings, or endings. And it is not necessary for a person who is intending to do something to have made a decision to do it, or a resolution, or anything else. It (...) may be that a person acquires an intention because of the circumstances that he finds himself in. If one sees that a tricycle is in front of his car, he will move it. No decision is necessary, obviously, because running over it would be contrary to common sense. Or one may gradually come to realise that he is obliged to do something and thereupon acquires the intention to do it. By focusing on one kind of intention, the “desire‐belief” theories have failed to realise that intentions originate in various ways, and for various reasons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 287-292 [Access article in PDF] Book Review Original Tao: Inward Training and the Foundations of Taoist Mysticism Laughing at the Tao: Debates Among Buddhists and Taoists in Medieval China Taoist Tradition and Change: The Story of the Complete Perfection Sect in Hong Kong Lord of the Three in One: The Spread of a Cult in Southeast China Original Tao: Inward Training and the (...) Foundations of Taoist Mysticism. By Harold D. Roth. New York: Columbia University Press, 1999. xv + 275 pp. Laughing at the Tao: Debates Among Buddhists and Taoists in Medieval China. By Livia Kohn. Princeton: Princeton University Press, 1995. xii + 281 pp. Taoist Tradition and Change: The Story of the Complete Perfection Sect in Hong Kong. By Bartholomew P. M. Tsui. Hong Kong: Chinese Study Centre on Chinese Religion and Culture, 1991. 207 pp. Lord of the Three in One: The Spread of a Cult in Southeast China. By Kenneth Dean. Princeton: Princeton University Press, 1998. xii + 406 pp. Buddhism in China has many forms: sometimes functioning as a foreign object provoking attraction, rivalry, or persecution, and at other times being so integrated that it epitomized or completed Chinese culture. Although the elite monastic community maintained its distinctive Buddhist identity throughout its history, the story of the various forms of popular appropriation of Buddhist elements beyond the monastic [End Page 287] walls is just beginning to be studied. Probably the most important arena where Buddhism became part of Chinese culture is its mixture with Daoist practice, but only in the 1990s have Daoist studies evolved to the point where the Buddhist presence can be traced and evaluated. The four books listed above are among a shelf-full of new studies on Daoism that offer resources for exploring the complex relationships among Buddhism, Daoism, and Chinese culture.The study of the Inner Training by Harold Roth clarifies a core practice within early Daoism that was later integrated--usually without acknowledgment--as a central practice by both Confucianists and Buddhists, especially Ch'an. In contrast, the definitive study by Livia Kohn of the Xiaodao lun shows a carefully constructed Buddhist attack on Daoist scriptures. During the last millennium, the two most influential integrations of the three religions--Daoism, Buddhism, and Confucianism--were achieved by Wang Chong-yang (1113-1170) and Lin Zhao-en (1517-1598). Bartholomew Tsui offers an important field study of the liturgical practices of the contemporary followers of Wang as embodied in Hong Kong temples of Quanzhen (Complete Perfection) Daoism, while Kenneth Dean provides a massive field report of over one thousand temples of the Xiajiao movement in contemporary Fujian Province that revere the teachings of Lin Zhao-en as Lord of the Three-in-One. All four books provide rich materials for reflecting on interreligious encounter in China.The archaeological discovery of lost Chinese texts has made clear that the Lao-tzu is no earlier than the beginning of the third century b.C.E. and did not exist at the time of Confucius. Harold Roth's book argues that earlier than the book of Lao-tzu there was a movement of internal cultivation that was first expressed in two fourth-century b.C.E. texts, the first seven chapters of Chuang-tzu and a text found among the seventy-six texts in the Kuan-tzu that Roth calls Inner Training. Roth proposes that this latter text constitutes the "original Tao" in the sense that it is the core practice embodied in those thinkers who were grouped together by later historians. Roth observes that the earliest identification of a Daoist school (daojia) by Ssu-ma T'an about 110 b.C.E. emphasized techniques or practices, "not the philosophies that developed along with them and that support them.... Techniques must be seen as a way to define pre... (shrink)

Natural resources, especially land, play an important role in many economic problems society faces today, including the climate crisis, housing shortages and severe inequality. Yet, land has been either entirely neglected or seriously misunderstood by contemporary theorists of distributive justice. I aim to correct that in this paper. In his theory of original acquisition, Locke did not carefully distinguish between the value of natural resources and the value that we add by laboring upon them. This oversight led him to (...) the mistaken conclusion that labor mixing gives the laborer an entitlement to both the improvement and the resource. I explain how Locke's false belief that the proviso was satisfied in his time was the fundamental cause of this error. -/- Instead, we should think, following Henry George, that the community is entitled to the economic value of natural resources, because the community created the value of resources, not the individual improver. I discuss an argument from George's "Progress and Poverty" that selfownership is actually inconsistent with (rather than the ground for, as Locke thought) private appropriation of natural resources. I present George's argument that private appropriation of natural resources is akin to forced labor, which is remarkably similar to Nozick's infamous argument that taxation is akin to forced labor. -/- I then develop my own view of original acquisition, inspired by George. The selfownership of improvers gives them an entitlement to improvements that they generate. But the self-ownership of everyone else precludes an entitlement to natural resources value. Natural resource rents should not be enjoyed only by those who improve the resource, but rather, by all community members in proportion to the share of demand for natural resources they are responsible for. In the last section, I consider and refute an objection from the luck egalitarian claiming that natural talents are relevantly similar to land. (shrink)

Discussions of ‘cultural appropriation’ in popular culture suffer from an inherited politics of authenticity and ownership originating in a liberal legal–ethical framework. Here, I use Raymond Williams’s and Stuart Hall’s cultural theory to pinpoint the place at which cultural-appropriation discourse goes wrong – an essentialist and anti- historical notion of colonial encounters. We can overcome these limits through Marxist cultural and historical analysis. Outrage about colonial violence which most often roots appropriation discourse is better understood within the (...) context of an account of the transition to capitalism beginning with the Low Countries and their eastern colonies. Furthermore, the Marxist idea of the cosmopolitan cultures of both capital and labour offers a productive path for the history of culture rooted in the same colonial encounter. (shrink)

Brown famously held that in the field of public education, segregation has no place. But segregation was undefined. Was segregation constituted by mere racial classification, by the fact that the state had divided children into racial groups? Or did Brown condemn a caste system whose effect was to stigmatize black children. In Parents Involved v. Seattle Justice Roberts says segregation is about children not black children. This colorblind approach represents both a rewriting and appropriation of Brown in the service (...) of formalism. The Roberts court writes not only a new version of Brown but a new historical narrative about the meaning of segregation. The theme of this new story is formal equality - equality of opportunity only - as a universal ideal. This new story is woven entirely out of the language of Brown detached from all historical context. Conservatives have long canonized Brown. It has been a kind of second constitution for the second reconstruction. But how does this new story compare to the original understanding ?: Was this the evil that Brown denounced? By framing the issue in this way the paper seeks to make an end run around an impasse in our social and legal debate. Many progressive scholars have challenged the conservative conception of formal equality by suggesting alternative ways of thinking about it: anti-subordination models, a heightened call that equality should take issues of racial caste into account. But this external critique has stalled, perhaps in part because of the slippery indeterminacy of normative ideals. Segregation is far more determinate; it is something that has been concretized not only by the lived experience of black people, but by an earlier realist tradition on the part of the Warren court which saw it as it was. Retelling the two parts of this forgotten history we expose the disconnect between the Supreme Court's universalism and the actual meaning of segregation in context. Also, by focusing on the original understanding we seek a kind of internal critique showing how the politics of historical revision does not withstand the conservatives own interpretive approach. (shrink)

Eric Fabri | : Le cinquième chapitre du Second traité du gouvernement de John Locke a été l’objet de nombreuses mésinterprétations dont l’origine est à chercher dans la volonté des commentateurs d’y trouver une « théorie de la propriété », là où ne se trouvait qu’une « théorie de l’appropriation ». Après une présentation du texte et de ses interprétations, l’article étudie le contexte d’écriture des Deux traités du gouvernement et la place qu’y occupe le cinquième chapitre pour démontrer (...) que l’intention de Locke dans ce chapitre était restreinte : il ne s’agissait que de légitimer l’appropriation originelle dans l’état de nature en vue de poser les jalons indispensables à la démonstration aboutissant au droit de résistance. La distinction faite entre « théorie de la propriété » et « théorie de l’appropriation » permet alors de comprendre comment les interprètes ont extrapolé les écrits de Locke et quels problèmes cette extrapolation pose aux théories modernes de la propriété d’inspiration lockéenne. | : Because most commentators searched a “theory of property” where only a “theory of appropriation” was to be found, the fifth chapter of Locke’s Second Treatise of Civil Government has often been misinterpreted. After recalling briefly Locke’s text and presenting the two major lines of interpretations, the article examines in detail the political destination of the Two Treatises and the role of the fifth chapter in their general economy. The objective is to demonstrate that Locke’s intention when writing this chapter was rather restricted : he only aimed at legitimating private appropriation in the State of Nature because it was a necessary preliminary step for concluding that resisting an arbitrary political power is legitimate. With the distinction between a « theory of property » and a « theory of appropriation » at hand, the article points out which indeterminacies allowed such divergent interpretations to coexist, and further explores the problems this distinction rises for modern theories of property like the Nozickean “entitlement theory”. (shrink)

The ‘managed-metabolism’ hypothesis suggests that a ‘cooperation barrier’ must be overcome if self-producing chemical organizations are to undergo the transition from non-life to life. This dynamical barrier prevents un-managed autocatalytic networks of molecular species from individuating into complex, cooperative organizations. The barrier arises because molecular species that could otherwise make significant cooperative contributions to the success of an organization will often not be supported within the organization, and because side reactions and other ‘free-riding’ processes will undermine cooperation. As a result, (...) the barrier seriously impedes the emergence of individuality, complex functionality and the transition to life. This barrier is analogous to the cooperation barrier that also impedes the emergence of complex cooperation at all levels of living organization. As has been shown at other levels of organization, the barrier can be overcome comprehensively by appropriate ‘management’. Management implements a system of evolvable constraints that can overcome the cooperation barrier by ensuring that beneficial co-operators are supported within the organization and by suppressing free-riders. In this way, management can control and manipulate the chemical processes of a collectively autocatalytic organization, producing novel processes that serve the interests of the organization as a whole and that could not arise and persist in an un-managed chemical organization. Management self-organizes because it is able to capture some of the benefits that are produced when its interventions promote cooperation, thereby enhancing productivity. Selection will therefore favour the emergence of managers that take over and manage chemical organizations so as to overcome the cooperation barrier. The managed-metabolism hypothesis demonstrates that if management is to overcome the cooperation barrier comprehensively, its interventions must be digitally coded. In this way, the hypothesis accounts for the two-tiered structure of all living cells in which a digitally-coded genetic apparatus manages an analogically-informed metabolism.GraphicalOpen image in new window. (shrink)

The idea of the "original position" is one of the most famous concepts in contemporary political philosophy. Since the first publication of A Theory of Justice in 1971, the device of the original position has become a popular theoretical method in many political theorists' writings. Unfortunately, the true meaning of the original position is far from clear both in Rawls's and Rawlsians' accounts. This has caused a lot of misunderstanding and misuse of this concept in contemporary literature. (...) This study attempts to explore the more profound connotation of the original position by sorting out its relationship with Kant's categorical imperative procedure and argues that it is more appropriate to claim that Rawls's original position device is a development of Kant's categorical imperative procedure rather than the standard version of rational choice theory or social contract tradition. I demonstrate three essential similarities between Rawls's original position and Kant's categorical imperative procedure, which embodies Kantian constructivism: justificatory individualism, the reasonable presupposes and subordinates the rational, and the combination of moral and realistic considerations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 307-308 [Access article in PDF] Mayer, Paola. Jena Romanticism and Its Appropriation of Jakob Böhme: Theosophy, Hagiography, Literature. McGill-Queen's Studies in the History of Ideas, no. 25. Montreal and Kingston: McGill-Queen's University Press, 1999. Pp. x + 242. Cloth, $65.00. Paolo Mayer sets out to revise the accepted image of the influence of Jakob Böhme, the sixteenth-century mystic and theosophist, (...) on the romantic poets and philosophers who congregated at Jena in the years 1798-1803. She convincingly argues that, except for the philosophers and critics Friedrich Schlegel and F. W. J. Schelling, Böhme's direct influence was negligible, more a matter of the self-proclaimed new religion of romanticism making ideological use of a controversial, in some sense subversive, forerunner in German literary history. In the hands of Ludwig Tieck, for instance, or Novalis, Böhme becomes a symbol of the new religion of Poesie and the hostile reception afforded by the orthodox evangelical pastors of his time becomes an allegory for the hostility that the new, "let it all hang out" aesthetic of romanticism encountered in the more classical and form-loving members of the literary culture. In Mayer's terms, Böhme's reception among the poets was hagiographic; he was the romantics' poster child.Böhme lived from 1575 to 1624. The son of peasants, but by no means unlettered, the "mystic shoemaker of Görlitz" claimed the source of his teachings was direct divine revelation. He claimed to have visions in 1600 and 1610, whose content he translated into his unusually graphic writings, interspersed with Pietist attacks on reason and on outward religious observances. This unusual 'theology' blended themes that F. Schlegel and Schelling, at least, found attractive: (a) the idea of a self-generating or developmental God, (b) an approach to the problem of evil that logically seems to place responsibility on God, and (c) a large systematic role for desire and will, rather than reason, in the origin of the world and in human salvation. Notable also is the physicalism of Böhme's theology, and the assignment of a wrathful nature to God the Father. Böhme's reception in the seventeenth and eighteenth centuries, determined largely by a first biography written in 1652 by a disciple named von Furstenburg, was generally warm in pietist circles, cool in rationalist quarters, e.g., in that of Lessing and Leibniz.The established story is that all the major romantic writers, poets as well as philosophers, were influenced through a direct study of Böhme's texts. Mayer takes issue with that, especially in the case of the poets Tieck and Novalis and the scientists J. W. Ritter. Though each of them writes glowingly of Böhme as a poet—in fact a persecuted poet, a near-martyr for the religion of Poesie—Mayer finds no sound evidence for a direct transmission, either of ideas or of terminology, from Böhme to these figures. What other literary critics have advanced as evidence is, she argues, a body of ideas and vocabulary common to the Neoplatonic, mystic tradition and to Christian thinking in general. If a stricter standard of proving "reception" than mere similarity of language is adopted, it seems that Tieck, Novalis, and Ritter had a slim acquaintance with Böhme's writings, but nonetheless advanced a hagiographic view of the "folk poet." Others among the Jena circle—Schleiermacher, A. W. Schlegel, Dorothea and Caroline Schlegel—took a skeptical view of this propagandistic ploy. Only the more philosophical minds, F. Schlegel and Schelling, read Böhme in any depth or ventured elaborate appropriations. Mayer argues that both these figures went [End Page 307] through an initial phase of enthusiasm for Böhme, to be later followed by personal reservations about him and, eventually, by public criticism from a philosophical or orthodox theological stance. Mayer obviously relishes the irony, in this case, of an initial idolization of Böhme as a representative of the 'new religion... (shrink)