It is argued that only the embedding of Rawlsian political liberalism within a republican framework secures the content of his view against Cohen's critique of Rawlsian special incentives. That content is fully specified in the form of a property-owning democracy; only this background set of institutions (or one functionally equivalent to it) will secure the stability of Rawls's egalitarian principles. A liberal-republicanism, rather than political liberalism alone, offers deeper grounding for our commitment to a property-owning democracy as a (...) privileged political economy for the expression of our egalitarian ideals. (shrink)
It is widely thought that mind–body substance dualism is implausible at best, though mere “property” dualism is defensible and even flourishing. This paper argues that substance dualism is no less plausible than property dualism and even has two advantages over it.
Abstract Substance dualism is widely rejected by philosophers of mind, but many continue to accept some form of property dualism. The assumption here is that one can consistently believe that (1) mental properties are not physical properties, while denying that (2) mental particulars are not physical particulars. But is this assumption true? This paper considers several analyses of what makes something a physical particular (as opposed to a non-physical particular), and it is argued that on any plausible analysis, accepting (...) (1) requires accepting (2) as well. (shrink)
The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, (...) such as an individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)
John Locke's theory of property is perhaps the most distinctive and the most influential aspect of his political theory. In this book James Tully uses an hermeneutical and analytical approach to offer a revolutionary revision of early modern theories of property, focusing particularly on that of Locke. Setting his analysis within the intellectual context of the seventeenth century, Professor Tully overturns the standard interpretations of Locke's theory, showing that it is not a justification of private property. Instead (...) he shows it to be a theory of individual use rights within a framework of inclusive claim rights. He links Locke's conception of rights not merely to his ethical theory, but to the central arguments of his epistemology, and illuminates the way in which Locke's theory is tied to his metaphysical views of God and man, his theory of revolution and his account of a legitimate polity. (shrink)
The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in deﬁning property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in (...) universal human interests and dispositions. (shrink)
In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes (...) up and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)
This paper uses two recentworks as a springboard for discussing theproper contours of intellectual propertyprotection. Professor Lessig devotes much ofThe Future of Ideas to demonstrating howthe expanding scope of intellectual propertyprotection threatens the Internet as aninnovation commons. Similarly, ProfessorLitman''s message in Digital Copyright isthat copyright law is both too complicated andtoo restrictive. Both authors contend that asa result of overprotecting individual rights,creativity is stifled and the vitality of theintellectual commons is in jeopardy. It isdifficult to evaluate the claims and policyprescriptions (...) of these books without someappreciation for the moral foundations ofintellectual property. The utility and labordesert theories remain the two most prominentin the Anglo-American tradition. Afterexploring those theories, we argue for a secureregime of protection based on the Lockeanvision that property rights are justly deservedas a reward for labor that creates value. However, as Locke''s famous proviso implies,even a natural property right is not absoluteand must be balanced by regard for the publicdomain. But a natural right cannot besacrificed simply to advance technologicalinnovation or to achieve marginal social andeconomic gains. While we agree with Lessig andLitman that recent legislation goes too far weconclude the essay by attempting to illustratethat some of their policy recommendations errin the opposite direction by underprotectingvalid property rights. (shrink)
In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
This essay reviews six different approaches to intellectual property. It and argues that none of these accounts provide an adequate justification of intellectual property laws and policies because (1) there are many different types of intellectual property, and (2) a variety of incommensurable values play a role in the justification of intellectual property. The best approach to intellectual property is to assess and balance competing moral values in light of the particular facts and circumstances.
John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers (...) an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)
This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and (...) digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)
This paper presents a framework for discussing issues of ownership in connection to virtual worlds. We explore how divergent interests in virtual property can be mediated by applying a constructivist perspective to the concept ownership. The simple solutions offered today entail that a contract between the game producer and the gamer gives the game developer exclusive rights to all virtual property. This appears to be unsatisfactory. A number of legitimate interests on part of both producers and gamers may (...) be readily distinguished. More complex distributions of rights would allow many of these interests to be consistently respected. (shrink)
The aim of the present paper is to show that Hegel’s concept of personal respect is of great interest to contemporary Critical Theory. The author first analyzes this notion as it appears in the Philosophy of Right and then offers a new interpretation of the conceptual relation between personal respect and the institutions of (private) property and (capitalist) markets. In doing so, he shows why Hegel’s concept of personal respect allows us to understand markets as possible institutionalizations of this (...) kind of recognition, and why it is compatible with a critique of neoliberal capitalism. He argues that due to these features Hegel’s notion of personal respect is of great interest to theoreticians within the tradition of critical theory. (shrink)
I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing (...) problem cases arising in property theory. Communal, intangible, fugacious, hunting, fishing, customary and recreation property rights are not ersatz instances of owning things – they are paradigms of Property Protected Activities. The same is true of the functioning of property in various aspects of contemporary law, its application in philosophical arguments such as Locke’s, and much of its historical application prior to the Nineteenth Century. By illustrating how one stable concept can resolve this myriad of otherwise puzzling cases, I argue that Property in Activities is as important and influential a concept as Ownership of Things. (shrink)
This paper challenges the view, commonly held inbiolaw and bioethics, that there can be no proprietaryrights in our own bodies or body parts. Whether thestarting point is the post-intervention informedconsent regime of Article 22 of the Convention ofHuman Rights and Biomedicine or the traditional(exclusionary) understanding of private property it isargued that property in our own bodies or body partsis presupposed. Although these arguments do notdemonstrate that there is property of this kind (forthat, a full-scale justification of the (...) institution ofprivate property would be required), they suggestnevertheless that the commonly held view has animmanent property logic that has not yet been drawnout or appreciated. (shrink)
This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of (...) the patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights. (shrink)
There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to (...) attack by critics of particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)
I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre Joseph (...) Proudhon, I'll focus on a formulation given it by Jeremy Waldron. The basic idea is that the only sound arguments for private property rights lead to the conclusion that society has an obligation to insure that every citizen possess private property. In Waldron's formulation, what is justifiable is a general, rather than a special, right to private property. I shall try to suggest that this conclusion is unwarranted. (shrink)
No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment (...) of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)
No one would deny that sustainability is necessary for individual, business, and national survival. How this goal is to be accomplished is a matter of great debate. In this article I will show that the United States and other developed countries have a duty to create sustainable cities, even if that is against a notion of private property rights considered as an absolute. Through eminent domain and regulation, developed countries can fulfill their obligations to current and future generations. To (...) do so, the governments must reject perfectly competitive free market capitalism and the absolute right to private property, and more fully adopt social welfare capitalism as their economic system. The result will be a sustainable society that balances democracy, individual rights and individual flourishing with the community’s flourishing. (shrink)
An argument against multiply instantiable universals is considered in neglected essays by Stanislaw Lesniewski and I.M. Bochenski. Bochenski further applies Lesniewski's refutation of universals by maintaining that identity principles for individuals must be different than property identity principles. Lesniewski's argument is formalized for purposes of exact criticism and shown to involve both a hidden vicious circularity in the form of impredicative definitions and explicit self-defeating consequences. Syntactical restrictions on Leibnizian indiscernibility of identicals are recommended to forestall Lesniewski's paradox.
This book discusses Locke's theory of property from both a critical and an interpretative standpoint. The author first develops a comprehensive interpretation of Locke's argument for the legitimacy of private property, and then examines the extent to which the argument is really serviceable in defense of that institution. He contends that a purified version of Locke's argument--one that adheres consistently to the logic of Locke's text while excluding considerations extraneous to his logic--actually does establish the legitimacy of a (...) form of private property. This version, which is both defensible in contemporary, secular terms and is, essentially, egalitarian, should provoke a reassessment of the nature of Locke's relevance to contemporary discussions of distributive justice. (shrink)
The question whether qualities are metaphysically more fundamental than or mere limiting cases of relations can be addressed in an applied symbolic logic. There exists a logical equivalence between qualitative and relational predications, in which qualities are represented as one-argument-place property predicates, and relations as more-than-one-argument-place predicates. An interpretation is first considered, according to which the logical equivalence of qualitative and relational predications logically permits us ontically to eliminate qualities in favor of relations, or relations in favor of qualities. (...) If metaphysics is understood at least in part as an exercise in ontic economy, then we may be encouraged to adopt a property ontology of qualities without quality-irreducible relations, or relations without relation-irreducible qualities. If either strategy is followed, the choice of reducing qualities to relations or relations to qualities will need to be justified on extra-logical grounds. These might include a perceived greater intuitiveness, explanatory fecundity, compatibility with cognitive ontogeny or developmental psychology, expressive or explanatory elegance or cumbersomeness, and an open-ended list of philosophical motivations that could reasonably favor the ontic prioritization of qualities over relations or relations over qualities. Despite its intuitive appeal, the thesis that logical equivalence together with extra-logical preferences justifies unidirectional ontic reduction of relations to qualities or qualities to relations is rejected in light of the more defensible proposition that the logical equivalence of qualitative and relational predications actually supports the opposite conclusion, that both qualities and relations are logically indispensable to a complete ontology of properties. The logical equivalence of qualitative and relational predications, insofar as we continue to observe the distinction, makes it logically necessary ontically for both qualities and relations to exist whenever either one exists. That logically equivalent qualitative and relational predications have as their truth-makers the exemplification by objects of both qualities and relations as equi-foundational properties further suggests that there is no deeper logical distinction between qualities and relations, but only two convenient lexical-grammatical designations for property predications involving one- versus more-than-one-argument-place. (shrink)
Armstrong’s combinatorial theory of possibility faces the obvious difficulty that not all universals are compatible. In this paper I develop three objections against Armstrong’s attempt to account for property incompatibilities. First, Armstrong’s account cannot handle incompatibilities holding among properties that are either simple, or that are complex but stand to one another in the relation of overlap rather than in the part/ whole relation. Secondly, at the heart of Armstrong’s account lies a notion of structural universals which, building on (...) an objection by David Lewis, is shown to be incoherent. I consider and reject two alternative ways of construing the composition of structural universals in an attempt to meet Lewis’ objection. An important consequence of this is that all putative structural properties are in fact simple. Finally, I argue that the quasi-mereological account presupposes modality in a way that undermines the reductionist aim of the combinatorialist theory of which it is a central part. I conclude that Armstrong’ quasi-mereological account of property incompatibility fails. Without that account, however, Armstrong’s combinatorial theory either fails to get off the ground, or else must give up its goal of reducing the notion of possibility to something non-modal. (shrink)
Profiling technologies are the facilitating force behind the vision of Ambient Intelligence in which everyday devices are connected and embedded with all kinds of smart characteristics enabling them to take decisions in order to serve our preferences without us being aware of it. These technological practices have considerable impact on the process by which our personhood takes shape and pose threats like discrimination and normalisation. The legal response to these developments should move away from a focus on entitlements to personal (...) data, towards making transparent and controlling the profiling process by which knowledge is produced from these data. The tendency in intellectual property law to commodify information embedded in software and profiles could counteract this shift to transparency and control. These rights obstruct the access and contestation of the design of the code that impacts one’s personhood. This triggers a political discussion about the public nature of this code and forces us to rethink the relations between property, privacy and personhood in the digital age. (shrink)
The primary theme of this paper is the normative case against ownership of one's genetic information along with the source of that information (usually human tissues samples). The argument presented here against such “upstream” property rights is based primarily on utilitarian grounds. This issue has new salience thanks to the Human Genome Project and “bio-prospecting” initiatives based on the aggregation of genetic information, such as the one being managed by deCODE Genetics in Iceland. The rationale for ownership is twofold: (...) ownership will protect the basic human rights of privacy and autonomy and it will enable the data subjects to share in the tangible benefits of the genetic research. Proponents of this viewpoint often cite the principle of genetic exceptionalism, which asserts that genetic information needs a higher level of protection than other kinds of personal information such as financial data. We argue, however, that the recognition of such ownership rights would lead to inefficiency along with the disutility of genetic discoveries. Biomedical research will be hampered if property rights in genes and genetic material are too extensive. We contend that other mechanisms such as informed consent and strict confidentiality rules can accomplish the same result as a property right without the liabilities of an exclusive entitlement. (shrink)
The common discourse on intellectual property rights rests mainly on utilitarian ground, with implications on the question of justice as well as moral significance. It runs like this: Intellectual property rights are to reward the originators for his/her intellectual labour mainly in monetary terms, thereby providing incentives for originators to engage in future innovative labouring. Without such incentives, few, if not none, will engage in creative activities and the whole human community will, thereby, suffer because of reduced inventions. (...) However, such utilitarian argument on piracy as de-motivation may not be necessarily justified. In fact, intellectual property arrangement is one among different institutions concerning how the society may handle new ideas and creative works. In reality, private ownership over one's intellectual product is merely a modern western concept that is being ' advertised' as being normative, which, by itself, is highly debatable. Alarming still, such normative argument assumes both justness and moral dimensions. This article will analyse whether such argument is philosophically sound. (shrink)
This paper examines some consequences of the (quasi-)epiphenomenalism implied by a property dualistic view of phenomenal consciousness. The focus is upon the variation of phenomenal content over time. A thought-experiment is constructed to support two claims. The weaker claim exhibits an incompatibility which arises in certain logically possible situations between a conscious subject’s epistemic norms and the requirement that one be aware of one’s conscious experience. This could be interpreted as providing some epistemic grounds for the postulation of bridging (...) laws between the physical/functional and phenomenal domains. The stronger claim has it that the ontology of property dualism is not properly able to account for the certainty I have of being phenomenally conscious. The problem is viewed as resulting from the neglect of the intensional context involved in a proper representation of the argument for property dualism. It is argued that only a transcendental move can do justice to this certainty I have. (shrink)
In recent years there has been a resurgence of interest in property dualism—the view that some mental properties are neither identical with, nor strongly supervenient on, physical properties. One of the principal objections to this view is that, according to natural science, the physical world is a causally closed system. So if mental properties are really distinct from physical properties, then it would seem that mental properties never really cause anything that happens in the physical world. Thus, dualism threatens (...) to lead inexorably to epiphenomenalism. In this paper, I will argue that the only way for a property dualist to avoid epiphenomenalism is to deny that the human body is strictly identical with the sum of its microphysical parts. I will go on to argue that the only way to sustain such anti-reductionism about the human body is to embrace some sort of substance-hylomorphism. (shrink)
A question of interpersonal sovereignty dating back to the early modern era has resurfaced in contemporary political philosophy: viz. Should one individual have, prior to any consent, property rights in another person? Libertarians answer that they should not – and that this commitment requires us to reject all positive duties. Liberal-egalitarians largely agree with the libertarian’s answer to the question, but deny the corollary they draw from it, arguing instead that egalitarian regimes do not require other-ownership. Drawing on recent (...)property theory I argue the libertarians are wrong that positive duties necessarily imply other-ownership, and the egalitarians are wrong that egalitarian entitlements largely avoid other-ownership. Instead, a prohibition on other-ownership guides us towards a middling political position, both allowing and constraining our positive duties and liabilities to others. I conclude by suggesting that a prohibition on other-ownership creates an attractive boundary condition for property in general. (shrink)
In this paper, we critique the emergent international normative framework of growth – the knowledge economy. We point out that the standardized character of knowledge economy's flagship – intellectual property rights (IPRs) – has an adverse impact on women in emerging economies, such as India. Conversely, this impact on women, a significant consumer segment, has a feedback effect in terms of market growth. Conceptually, we analyze the consequences of knowledge economy and standardized IPR through a feminist lens. We extend (...) the analyses by pointing to various contradictions surrounding growth norms; for example, there are inherent contradictions between established "formal" legalistic interpretation ofIPR, "soft law" norms of corporate social responsibility, a fluid situation of moral claims of human rights, and different institutional capabilities at the international and domestic level. Consequently, we are able to demonstrate how standard IPR laws fail to deliver equity for all. We argue our case through exploring the growth aspects of the agricultural sector in India and the adverse impact of standard biopatenting on women farmers' rights (as producers and consumers) and preservation of environment. We suggest that desired gendered equity is better achieved when there is a constellation of actors – private–sector business, the state, and civil-society leaders – working together to ensure a balanced development through tailoring of IPR to local needs. (shrink)
Machine generated contents note: 1. Fichte's theory of property; 2. Applying the concept of right: Fichte and Babeuf; 3. Fichte's reappraisal of Kant's theory of cosmopolitan right; 4. The relation of right to morality in Fichte's Jena theory of the state and society; 5. The role of virtue in the Addresses to the German Nation.
In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property . We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to (...) conform more closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property (IP) rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries. (shrink)
In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the main theories (...) of justice? What's exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories. (shrink)
Many contemporary philosophers of mind are concerned to defend a thesis called a posteriori physicalism. This thesis has two parts, one metaphysical, and the other epistemological. The metaphysical part of the thesis—the physicalist part—is the claim that the psychological nature of the actual world is wholly physical. The epistemological part of the thesis—the a posteriori part—is the claim that no a priori connection holds between psychological nature and physical nature. Despite its attractiveness, however, a familiar argument alleges that a posteriori (...) physicalism cannot be true. This argument is sometimes called the Property Dualism Argument Against Physicalism. In this paper, I consider Stephen White’s version of the Property Dualism Argument and argue that it fails. I distinguish two ways in which the argument’s crucial notion might be understood, and I argue that on neither way of understanding it is the Property Dualism Argument compelling. (shrink)
An appropriate characterization of property types is an important topic for measurement science. On the basis of a set-theoretic model of evaluation and measurement processes, the paper introduces the operative concept of property evaluation type, and discusses how property types are related to, and in fact can be derived from, property evaluation types, by finally analyzing the consequences of these distinctions for the concepts of ‘property’ used in the International Vocabulary of Metrology – Basic and (...) General Concepts and Associated Terms (VIM3). (shrink)
In this paper, we examine some ethical implications of a controversial court decision in the United States involving Verizon (an Internet Service Provider or ISP) and the Recording Industry Association of America (RIAA). In particular, we analyze the impacts this decision has for personal privacy and intellectual property. We begin with a brief description of the controversies and rulings in this case. This is followed by a look at some of the challenges that peer-to-peer (P2P) systems, used to share (...) digital information, pose for our legal and moral systems. We then examine the concept of privacy to better understand how the privacy of Internet users participating in P2P file-sharing practices is threatened under certain interpretations of the Digital Millennium Copyright Act (DMCA) in the United States. In particular, we examine the implications of this act for a new form of “panoptic surveillance” that can be carried out by organizations such as the RIAA. We next consider the tension between privacy and property-right interests that emerges in the Verizon case, and we examine a model proposed by Jessica Litman for distributing information over the Internet in a way that respects both privacy and property rights. We conclude by arguing that in the Verizon case, we should presume in favor of privacy as the default position, and we defend the view that a presumption should be made in favor of sharing (rather than hoarding) digital information. We also conclude that in the Verizon case, a presumption in favor of property would have undesirable effects and would further legitimize the commodification of digital information – a recent trend that is reinforced by certain interpretations of the DMCA on the part of lawmakers and by aggressive tactics used by the RIAA. (shrink)
To define new property terms, we combine already familiar ones by means of certain logical operations. Given suitable constraints, these operations may presumably include the resources of first-order logic: truth-functional sentence connectives and quantification over objects. What is far less clear is whether we can also use modal operators for this purpose. This paper clarifies what is involved in this question, and argues in favor of modal property definitions.
Jeff Wisdom has recently defended the proposition that any view of moral supervenience worth its salt must incorporate a diachronic view of base property exemplification. Let us call the proposition defended by Wisdom p. In this paper, I try to show that Wisdom has offered no good reasons for accepting p. My argumentative strategy proceeds along two separate tracks. First, I try to show that the thought experiment Wisdom employs in order to underwrite p does not offer the intended (...) support for the proposition. Secondly, I try to show that even if the problems with the thought experiment in question are ignored, there is at least one other reason for thinking that Wisdom has not offered a convincing argument in favor of p. (shrink)
The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individual's right to intellectual property, based upon its conformation with Lockean notions of property and Nozick's ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, (...) such as an individual's right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)
Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. This paper (...) examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights. (shrink)
An appropriate characterization of property types is an important topic for measurement science. This paper proposes to derive them from evaluation types, and analyzes the consequences of this position for the VIM3.
In a recent issue of this journal, Jorn Sonderholm presents two main criticisms of my 2008 case for a diachronic view of base property exemplification in metaethics. This essay contends that neither of Sonderholm’s criticisms hit their mark, and that there are additional reasons to adopt a diachronic view of base property exemplification. Thus, the case for a diachronic view of base property exemplification in metaethics is stronger than previously thought.
This article attempts to show, first, that for Hegel the role of property is to enable persons both to objectify their freedom and to properly express their recognition of each other as free, and second, that the Marx of 1844 uses fundamentally similar ideas in his exposition of communist society. For him the role of ‘true property’ is to enable individuals both to objectify their essential human powers and their individuality, and to express their recognition of each other (...) as fellow human beings with needs, or their ‘human recognition’. Marx further uses these ideas to condemn the society of private property and market exchange as characterised by ‘estranged’ forms of property and recognition. He therefore uses a structure of ideas which Hegel had used to justify the institutions of private property and market exchange, in order to condemn those same institutions. (shrink)
This paper analyzes court rulings on tissue samples as property and critiques objections that have been raised to the recognition of DNA samples as personal property. The cases are: Moore v. Regents of the University of California (1988, 1990), Greenberg v. Miami Children’s Research Institute (2003), and Washington University v.Catalona (2007). The paper argues that it is possible for the law to support both individual privacy and property rights in DNA, recognizing nevertheless that some unresolved questions remain, (...) including what exercising those rights means on a practical level. Finally, it offers suggestions for changes in law based on those considerations. (shrink)
We discuss the relationships between effect algebras with the Riesz Decomposition Property and partially ordered groups with interpolation. We show that any σ-orthocomplete atomic effect algebra with the Riesz Decomposition Property is an MV-effect algebras, and we apply this result for pseudo-effect algebras and for states.
We prove the Finite Model Property (FMP) for Distributive Full Lambek Calculus ( DFL ) whose algebraic semantics is the class of distributive residuated lattices ( DRL ). The problem was left open in [8, 5]. We use the method of nuclei and quasi–embedding in the style of [10, 1].
Part one of this paper considers the question of property rights in general and asks how such rights can be justified, contrasting Consequentialist with other approaches and concludes that it is impossible to avoid a broadly Consequentialist approach. Part two considers the question of intellectual property (IP) and asks how property rights justifications apply to it. The basic economics if IP is indispensable in this discussion. Finally, part three, considers IP in the light of modern technological developments. (...) I conclude that the real dangers lie more in the specific ways government and special interests respond to this technology than from the nature of IP rights themselves. (shrink)