Search results for 'Property' (try it on Scholar)

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  1. of Intellectual Property (2008). Intellectual Property and Pharmaceutical Drugs: An Ethical Analysis. In Tom L. Beauchamp, Norman E. Bowie & Denis Gordon Arnold (eds.), Ethical Theory and Business. Pearson/Prentice Hall
     
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  2. Rivka Amado & Nevin M. Gewertz (2004). Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property. Journal of Business Ethics 55 (3):295-308.
    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, (...)
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  3. Alan Thomas (2012). Property Owning Democracy, Liberal Republicanism, and the Idea of an Egalitarian Ethos. In T. Williamson (ed.), Property-Owning Democracy: Rawls and Beyond. Wiley-Blackwell
    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 (...)
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  4. Gemma Robles, José M. Méndez & Francisco Salto (2010). A Modal Restriction of R-Mingle with the Variable-Sharing Property. Logic and Logical Philosophy 19 (4):341-351.
    A restriction of R-Mingle with the variable-sharing property and the Ackermann properties is defined. From an intuitive semantical point of view, this restriction is an alternative to Anderson and Belnap’s logic of entailment E.
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  5.  64
    Berit Brogaard (2015). The Self-Locating Property Theory of Color. Minds and Machines 25 (2):133-147.
    The paper reviews the empirical evidence for highly significant variation across perceivers in hue perception and argues that color physicalism cannot accommodate this variability. Two views that can accommodate the individual differences in hue perception are considered: the self-locating property theory, according to which colors are self-locating properties, and color relationalism, according to which colors are relations to perceivers and viewing conditions. It is subsequently argued that on a plausible rendition of the two views, the self-locating theory has a (...)
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  6.  76
    Pendaran Roberts (forthcoming). Turning Up the Volume on the Property View of Sound. Inquiry:1-25.
    In the present article, I show that sounds are properties that are not physical in a narrow sense. First, I argue that sounds are properties using Moorean style arguments and defend this property view from various arguments against it that make use of salient disanalogies between sounds and colors. The first disanalogy is that we talk of objects making sounds but not of objects making colors. The second is that we count and quantify over sounds but not colors. The (...)
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  7. William G. Lycan (2013). Is Property Dualism Better Off Than Substance Dualism? Philosophical Studies 164 (2):533-542.
    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.
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  8. Paul B. de Laat (2005). Copyright or Copyleft?: An Analysis of Property Regimes for Software Development. Research Policy 34 (10):1511-1532.
    Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued (...)
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  9.  50
    David Ellerman (2016). The Labour Theory of Property and Marginal Productivity Theory. Economic Thought 5 (1):19.
    After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation (...)
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  10. Michiel Korthals & Cristian Timmermann (2012). Reflections on the International Networking Conference “Ethical and Social Aspects of Intellectual Property Rights – Agrifood and Health” Brussels, September 2011. Synesis 3 (1):G66-73.
    Public goods, as well as commercial commodities, are affected by exclusive arrangements secured by intellectual property (IP) rights. These rights serve as an incentive to invest human and material capital in research and development. Particularly in the life sciences, IP rights regulate objects such as food and medicines that are key to securing human rights, especially the right to adequate food and the right to health. Consequently, IP serves private (economic) and public interests. Part of this charge claims that (...)
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  11.  25
    Martine Nida-Rümelin (forthcoming). The Experience Property Frame Work: A Misleading Paradigm. Synthese:1-27.
    According to the experience property framework qualia are properties of experiences the subject undergoing the experience is aware of. A phenomenological argument against this framework is developed and a few mistakes invited by the framework are described. An alternative to the framework, the framework of experiential properties is presented and defended as preferable. It is argued that the choice between these two frameworks makes a substantial difference for theoretical purposes.
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  12. John T. Sanders (1987). Justice and the Initial Acquisition of Property. Harvard Journal of Law and Public Policy 10 (2):367-99.
    There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to (...)
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  13. Alejandra Mancilla (2013). Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum). Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition (...)
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  14.  16
    Spencer Unger (2012). Fragility and Indestructibility of the Tree Property. Archive for Mathematical Logic 51 (5-6):635-645.
    We prove various theorems about the preservation and destruction of the tree property at ω 2. Working in a model of Mitchell [9] where the tree property holds at ω 2, we prove that ω 2 still has the tree property after ccc forcing of size ${\aleph_1}$ or adding an arbitrary number of Cohen reals. We show that there is a relatively mild forcing in this same model which destroys the tree property. Finally we prove from (...)
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  15.  48
    Bryan Cwik (2014). Labor as the Basis for Intellectual Property Rights. Ethical Theory and Moral Practice 17 (4):681-695.
    In debates about the moral foundations of intellectual property, one very popular strand concerns the role of labor as a moral basis for intellectual property rights. This idea has a great deal of intuitive plausibility; but is there a way to make it philosophically precise? That is, does labor provide strong reasons to grant intellectual property rights to intellectual laborers? In this paper, I argue that the answer to that question is “yes”. I offer a new view, (...)
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  16.  87
    Lawrence C. Becker (1977). Property Rights: Philosophic Foundations. Routledge & Kegan Paul.
    This book begins with a distinction between a general, a specific, and a particular justification of property rights. Then after a brief review of Hohfeld's analysis of legal rights, and Honore's analysis of legal ownership, various standard general justifications are assessed: first occupancy; personality; Locke's labor theory of original acquisition; utilitarian property theory (value theory and economic versions); and accounts based on a strong principle of personal liberty.. This is followed by remarks on anti--property arguments. The book (...)
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  17. Annabelle Lever (2012). 'Privacy, Private Property and Collective Property'. The Good Society 21 (1):47-60.
    This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled (...)
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  18. Susan Schneider (2012). Why Property Dualists Must Reject Substance Physicalism. Philosophical Studies 157 (1):61-76.
    I argue that property dualists cannot hold that minds are physical substances. The focus of my discussion is a property dualism that takes qualia to be sui generis features of reality.
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  19.  83
    Herman T. Tavani (2005). Locke, Intellectual Property Rights, and the Information Commons. Ethics and Information Technology 7 (2):87-97.
    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 (...)
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  20. John Hadley (2005). Nonhuman Animal Property: Reconciling Environmentalism and Animal Rights. Journal of Social Philosophy 36 (3):305–315.
    In this paper I extend liberal property rights theory to nonhuman animals.I sketch an outline of a nonhuman animal property rights regime and argue that both proponents of animal rights and ecological holism ought to accept nonhuman animal property rights. To conclude I address a series of objections.
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  21.  3
    Davina Cooper & Didi Herman (2013). Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights. [REVIEW] Feminist Legal Studies 21 (1):61-80.
    This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power (...)
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  22. James Tully (1980). A Discourse on Property: John Locke and His Adversaries. Cambridge University Press.
    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 (...)
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  23. Richard A. Spinello (2003). The Future of Intellectual Property. Ethics and Information Technology 5 (1):1-16.
    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 (...)
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  24. Elisabeth Ellis (2006). Citizenship and Property Rights: A New Look at Social Contract Theory. Journal of Politics 68 (3):544-555.
    Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...)
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  25. Stephen Buckle (1991). Natural Law and the Theory of Property: Grotius to Hume. Oxford University Press.
    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 (...)
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  26. Javier Kalhat (2011). Is There A Quasi-Mereological Account of Property Incompatibility? Acta Analytica 26 (2):115-133.
    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 (...)
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  27. Rowan Cruft (2006). Against Individualistic Justifications of Property Rights. Utilitas 18 (2):154-172.
    In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.
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  28. Gopal Sreenivasan (1995). The Limits of Lockean Rights in Property. Oxford University Press.
    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 (...)
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  29.  63
    Mark Devenney (2011). Property, Propriety and Democracy. Studies in Social Justice 5 (2):149-165.
    The redefinition of rights of equality and liberty by radical and deliberative democrats during the last decades of the 20th century resulted in the denial that a consideration of property is integral to political philosophy. Theorizing property as intrinsically political demands a return to Marx but on terms he may not have recognized. I outline a politics of property in this paper contending that there can be no universal justification for any regime of property. Property (...)
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  30.  35
    Frances S. Grodzinsky & Herman T. Tavani (2005). P2p Networks and the Verizon V. RIAA Case: Implications for Personal Privacy and Intellectual Property. [REVIEW] Ethics and Information Technology 7 (4):243-250.
    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 (...)
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  31. Lawrence C. Becker (1976). The Labor Theory of Property Acquisition. Journal of Philosophy 73 (18):653-664.
    This symposium paper for the APA analyzes Locke's labor theory of property acquisition as a formal argument – or set of alternative arguments – and shows how several of them are indeed sound, if appropriately limited by what amounts to a social welfare proviso. That proviso is, however, strong enough to limit the acquisition of private property in a significant way. The argument here anticipates fuller and more decisive ones in later work by the same author.
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  32.  47
    Andrew Chitty (2013). Recognition and Property in Hegel and the Early Marx. Ethical Theory and Moral Practice 16 (4):685-697.
    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 (...)
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  33. Paul Torek (1994). Liberties, Not Rights: Gauthier and Nozick on Property. Social Theory and Practice 20 (3):343-361.
    In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar (...)
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  34.  20
    Manolo Martínez (2015). Informationally-Connected Property Clusters, and Polymorphism. Biology and Philosophy 30 (1):99-117.
    I present and defend a novel version of the homeostatic property cluster account of natural kinds. The core of the proposal is a development of the notion of co-occurrence, central to the HPC account, along information-theoretic lines. The resulting theory retains all the appealing features of the original formulation, while increasing its explanatory power, and formal perspicuity. I showcase the theory by applying it to the problem of reconciling the thesis that biological species are natural kinds with the fact (...)
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  35.  72
    Richard A. Spinello (2004). Property Rights in Genetic Information. Ethics and Information Technology 6 (1):29-42.
    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: (...)
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  36. Rafael De Clercq (2002). The Concept of an Aesthetic Property. Journal of Aesthetics and Art Criticism 60 (2):167–176.
    This paper provides an analysis of the concept of an aesthetic property in non-aesthetic terms.
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  37. Robert Francescotti (2001). Property Dualism Without Substance Dualism? Philosophical Papers 30 (2):93-116.
    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) (...)
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  38. John T. Sanders (2002). Projects and Property. In David Schmidtz (ed.), Robert Nozick. Cambridge University Press
    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 (...)
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  39.  21
    David Faraci & Peter Martin Jaworski (2014). To Inspect and Make Safe: On the Morally Responsible Liability of Property Owners. Ethical Theory and Moral Practice 17 (4):697-709.
    There is currently a stalemate over the correct approach to legal liability. To take a prominent example, it remains a point of contention whether land owners should be held liable for injuries to trespassers. Many of those who insist that land owners should be held liable for injuries to trespassers maintain this for purely economic or pragmatic reasons. In contrast, those on the other side frequently defend their view on the grounds that, in such trespass cases, owners are not morally (...)
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  40.  95
    Gareth Ernest Boardman (2013). Addressing the Conflict Between Relativity and Quantum Theory: Models, Measurement and the Markov Property. Cosmos and History: The Journal of Natural and Social Philosophy 9 (2):86-115.
    Twenty-first century science faces a dilemma. Two of its well-verified foundation stones - relativity and quantum theory - have proven inconsistent. Resolution of the conflict has resisted improvements in experimental precision leaving some to believe that some fundamental understanding in our world-view may need modification or even radical reform. Employment of the wave-front model of electrodynamics, as a propagation process with a Markov property, may offer just such a clarification.
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  41. Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment (...)
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  42. Andrew Botterell (2003). The Property Dualism Argument Against Physicalism. Journal of Philosophical Research 28:223-242.
    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 (...)
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  43.  16
    Pierre-Joseph Proudhon (1994 [1840]). What is Property? Cambridge University Press.
    Written by a contemporary of Marx and one of the most influential subversive critics of modern European society, this work (1840) has become a classic of political thought through its critique of private property as the essential institution of Western culture as well as the root of its problems.
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  44.  69
    Hugh Breakey (2011). Two Concepts of Property: Ownership of Things and Property in Activities. Philosophical Forum 42 (3):239-265.
    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 (...)
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  45.  10
    Lisa Geller (2010). Data Management in Academic Settings: An Intellectual Property Perspective. Science and Engineering Ethics 16 (4):769-775.
    Intellectual property can be an important asset for academic institutions. Good data management practices are important for capture, development and protection of intellectual property assets. Selected issues focused on the relationship between data management and intellectual property are reviewed and a thesis that academic institutions and scientists should honor their obligations to responsibly manage data.
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  46.  6
    Matthias Aschenbrenner, Alf Dolich, Deirdre Haskell, Dugald Macpherson & Sergei Starchenko (2013). Vapnik–Chervonenkis Density in Some Theories Without the Independence Property, II. Notre Dame Journal of Formal Logic 54 (3-4):311-363.
    We study the Vapnik–Chervonenkis density of definable families in certain stable first-order theories. In particular, we obtain uniform bounds on the VC density of definable families in finite $\mathrm {U}$-rank theories without the finite cover property, and we characterize those abelian groups for which there exist uniform bounds on the VC density of definable families.
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  47.  21
    John Alan Lehman (2006). Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations. [REVIEW] Journal of Business Ethics 69 (1):1 - 9.
    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 (...)
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  48.  40
    Eric Yang (2015). The Compatibility of Property Dualism and Substance Materialism. Philosophical Studies 172 (12):3211-3219.
    Several philosophers have argued that property dualism and substance materialism are incompatible positions. Recently, Susan Schneider has provided a novel version of such an argument, claiming that the incompatibility will be evident once we examine some underlying metaphysical issues. She purports to show that on any account of substance and property-possession, substance materialism and property dualism turn out incompatible. In this paper, I argue that Schneider’s case for incompatibility between these two positions fails. After briefly laying out (...)
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  49.  27
    David James (2011). Fichte's Social and Political Philosophy: Property and Virtue. Cambridge University Press.
    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.
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  50.  68
    Jorn Sonderholm (2010). Ethical Issues Surrounding Intellectual Property Rights. Philosophy Compass 5 (12):1107-1115.
    Much of today’s international trade is conducted according to trade agreements that involve substantial and uniform protections of intellectual property rights. Intellectual property rights are a socio‐economic tool that create a temporary monopoly for inventor firms and enable such firms to charge prices for their innovations that are many times higher than the marginal cost of production of the innovations. This allows the inventor firms to salvage their research‐costs and secure a profit on their innovations. A large body (...)
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