_Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must (...) take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory. (shrink)

Revised and reprinted; originally in Dov Gabbay & Franz Guenthner (eds.), Handbook of Philosophical Logic, Volume IV. Kluwer 133-251. -- Two sorts of property theory are distinguished, those dealing with intensional contexts property abstracts (infinitive and gerundive phrases) and proposition abstracts (‘that’-clauses) and those dealing with predication (or instantiation) relations. The first is deemed to be epistemologically more primary, for “the argument from intensional logic” is perhaps the best argument for the existence of properties. This argument is presented (...) in the course of discussing generality, quantifying-in, learnability, referential semantics, nominalism, conceptualism, realism, type-freedom, the first-order/higher-order controversy, names, indexicals, descriptions, Mates’ puzzle, and the paradox of analysis. Two first-order intensional logics are then formulated. Finally, fixed-point type-free theories of predication are discussed, especially their relation to the question whether properties may be identified with propositional functions. (shrink)

Revised and reprinted in Handbook of Philosophical Logic, volume 10, Dov Gabbay and Frans Guenthner (eds.), Dordrecht: Kluwer, (2003). -- Two sorts of property theory are distinguished, those dealing with intensional contexts property abstracts (infinitive and gerundive phrases) and proposition abstracts (‘that’-clauses) and those dealing with predication (or instantiation) relations. The first is deemed to be epistemologically more primary, for “the argument from intensional logic” is perhaps the best argument for the existence of properties. This argument is presented (...) in the course of discussing generality, quantifying-in, learnability, referential semantics, nominalism, conceptualism, realism, type-freedom, the first-order/higher-order controversy, names, indexicals, descriptions, Mates’ puzzle, and the paradox of analysis. Two first-order intensional logics are then formulated. Finally, fixed-point type-free theories of predication are discussed, especially their relation to the question whether properties may be identified with propositional functions. (shrink)

Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is (...) class='Hi'>property-dependent, there is a difference between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts. (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests that comparative (...) psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms?one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience?which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual (...) property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

It has been maintained by such philosophers as Quine and Goodman that purely ‘extensional’ language suffices for all the purposes of properly formalized scientific discourse. Those entities that were traditionally called ‘universals’ — properties, concepts, forms, etc. — are rejected by these extensionalist philosophers on the ground that ‘the principle of individuation is not clear’. It is conceded that science requires that we allow something tantamount to quantification over non-particulars (or, anyway, over things that are not material objects, not space-time (...) points, not physical fields, etc.), but, the extensionalists contend, quantification over sets serves the purposes nicely. The ‘ontology’ of modern science, at least as Quine formalizes it, comprises material objects (or, alternatively, space-time points), sets of material objects, sets of sets of material objects,... but no properties, concepts,or forms. Let us thus examine the question: Can the principle of individuation for properties ever be made clear? (shrink)

It is argued that, because of scientific essentialism, two currently popular arguments against the mind-body identity thesis -- the multiple-realizability argument and the Nagel-Jackson knowledge argument -- are unsatisfactory as they stand and that their problems are incurable. It is then argued that a refutation of the identity thesis in its full generality can be achieved by weaving together two traditional Cartesian arguments -- the modal argument and the certainty argument. This argument establishes, not just the falsity of the identity (...) thesis, but also the metaphysical possibility of disembodiment. (shrink)

What is an epiphenomenal property? This question needs to be settled before we can decide whether higher-level properties are epiphenomenal or not. In this paper, I offer an account of what it is for a property to have some causal power. From this, I derive a characterisation of the notion of an epiphenomenal property. I then argue that physically realized higher-level properties are not epiphenomenal because laws of nature impose causal similarities on the bearers of such properties, (...) and these similarities figure as powers in the causal profiles of these properties. (shrink)

Aesthetic properties figure prominently in our daily lives, our conversations and many actions we take. Yet theoretical disagreement prevails over their nature, their variety, their epistemic and metaphysical status. This overview highlights the heterogeneity of aesthetic properties and examines repercussions for explanation. Aesthetic properties belong to natural objects or scenes, to artworks in any medium, to artefacts and built environments across historical eras; and they draw a wide variety of responses such as our perceptions, emotions or imaginative thought. Historicism about (...) artworks carries over to at least some aesthetic properties that depend on facts of their broader historical context just as works do. One issue is whether aesthetic properties can be demarcated solely in terms of non-aesthetic properties. If not, explanations of aesthetic properties need to draw on other aesthetic notions such as aesthetic experience, attention, judgement or value. The paper examines several accounts of aesthetic value to show how they extend to aesthetic properties. The paper concludes with an overview of the current metaphysical debate between realists and non-realists about aesthetic properties. (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables (...) every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables (...) every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property (...) and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory. (shrink)

The interpretation of Lewis‘s doctrine of natural properties is difficult and controversial, especially when it comes to the bearers of natural properties. According to the prevailing reading – the minimalist view – perfectly natural properties pertain to the micro-physical realm and are instantiated by entities without proper parts or point-like. This paper argues that there are reasons internal to a broadly Lewisian kind of metaphysics to think that the minimalist view is fundamentally flawed and that a liberal view, according to (...) which natural properties are instantiated at several or even at all levels of reality, should be preferred. Our argument proceeds by reviewing those core principles of Lewis‘s metaphysics that are most likely to constrain the size of the bearers of natural properties: the principle of Humean supervenience, the principle of recombination in modal realism, the hypothesis of gunk, and the thesis of composition as identity. (shrink)

Those who hold that all fundamental sparse properties have dispositional essences face a problem with structural (e.g. geometrical) properties. In this paper I consider a further route for the dispositional monist that is enabled by the requirement that physical theories should be background-free. If this requirement is respected then we can see how spatial displacement can be a causally active relation and hence may be understood dispositionally.

According to the subset account of realization, a property, F, is realized by another property, G, whenever F is individuated by a non-empty proper subset of the causal powers by which G is individuated (and F is not a conjunctive property of which G is a conjunct). This account is especially attractive because it seems both to explain the way in which realized properties are nothing over and above their realizers, and to provide for the causal efficacy (...) of realized properties. It therefore seems to provide a way around the causal exclusion problem. There is reason to doubt, however, that the subset account can achieve both tasks. The problem arises when we look closely at the relation between properties and causal powers, specifically, at the idea that properties confer powers on the things that have them. If realizers are to be ontically prior to what they realize, then we must regard the conferral of powers by properties as a substantive relation of determination. This relation of conferral is at the heart of a kind of exclusion problem, analogous to the familiar causal exclusion problem. I argue that the subset account cannot adequately answer this new exclusion problem, and is for that reason ill-suited to be the backbone of a non-reductive physicalism. (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)

All organised bodies are composed of parts, similar to those composing inorganic nature, and which have even themselves existed in an inorganic state; but the phenomena of life, which result from the juxtaposition of those parts in a certain manner, bear no analogy to any of the effects which would be produced by the action of the component substances considered as mere physical agents. To whatever degree we might imagine our knowledge of the properties of the several ingredients of a (...) living body to be extended and perfected, it is certain that no mere summing up of the separate actions of those elements will ever amount to the action of the living body itself. (shrink)

According to David Chalmers, the virtual entities found in Virtual Reality (VR) and Augmented Reality (AR) environments instantiate virtual properties of a specific kind. It has recently been objected that such a view (i) can’t extend to all types of properties; (ii) leads to a proliferation of property-types; (iii) implausibly ascribes massive errors to VR and AR users; and (iv) faces an analogue of Jackson’s “many-property problem”. My first objective here is to show that advocates of virtual properties (...) can deal with each of these objections. The other goal of this paper is to examine the consequences of Chalmers’ theory in the particular case of AR. If we countenance virtual properties, AR highlights that non-virtual objects can possess both non-virtual and virtual properties. With AR, it also appears that a same non-virtual object can have different and even incompatible properties across augmented environments. Lastly, considering properties in light of AR highlights the risk of an “augmented solipsism”, and calls forth interesting questions about the persistence conditions of non-virtual objects in AR environments. (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests that comparative (...) psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms—one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience—which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

Powers are popularly assumed to be distinct from, and dependent upon, inert qualities, mainly because it is believed that qualities have their nature independently of other properties while powers have their nature in virtue of a relation to distinct manifestation property. George Molnar and Alexander Bird, on the other hand, characterize powers as intrinsic and relational. The difficulties of reconciling the characteristics of being intrinsic and at the same time essentially related are illustrated in this paper and it is (...) argued that the reasons for thinking of powers as essentially relational are based on misguided epistemological consideration. Finally, I present a way of thinking of fundamental properties as primitive natures that we can only understand in virtue of what they do but which we should not think of as being ontologically constituted by these doings. According to this view, properties are both qualities and powers. (shrink)

I argue that the best scientific package is anti-Humean in its ontology, but Humean in its laws. This is because potencies and the best system account of laws complement each other surprisingly well. If there are potencies, then the BSA is the most plausible account of the laws of nature. Conversely, if the BSA is the correct theory of laws, then formulating the laws in terms of potencies rather than categorical properties avoids three serious objections: the mismatch objection, the impoverished (...) worlds objection, and the metaphysical 'oomph' objection. I argue that combining anti-Humean properties with Humean laws into a Potency-Best System Account of Laws is a powerful and science-friendly account---something that people on both sides should be able to appreciate. (shrink)

A framework for representing a specific kind of emergent property instance is given. A solution to a generalized version of the exclusion argument is then provided and it is shown that upwards and downwards causation is unproblematical for that kind of emergence. One real example of this kind of emergence is briefly described and the suggestion made that emergence may be more common than current opinions allow.

Do properties have intrinsic properties of their own? If so, which second-order properties are intrinsic? This paper introduces two competing views about second-order intrinsicality: generalism, according to which the intrinsic–extrinsic distinction cuts across all orders of properties and applies to the properties of properties as well as the properties of objects, and objectualism, according to which intrinsicality is a feature exclusive to the properties of objects. The case for generalism is then surveyed along with some proposals for distinguishing intrinsic second-order (...) properties from extrinsic ones. After addressing these broad questions about the nature of second-order intrinsicality, the Problem of Accidental Intrinsic Properties of Properties is introduced and put to work as a case study for the significance of second-order intrinsicality. The connection between this problem and the metaphysics of quantitative properties is then examined. (shrink)

Properties and objects are everywhere, but remain a philosophical mystery. Douglas Ehring argues that the idea of tropes--properties and relations understood as particulars--provides the best foundation for a metaphysical account of properties and objects. He develops and defends a new theory of trope nominalism.

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.

Intentionalism is the view that the phenomenal character of an experience is wholly determined by its representational content is very attractive. Unfortunately, it is in conflict with some quite robust intuitions about the possibility of phenomenal spectrum inversion without misrepresentation. Faced with such a problem, there are the usual three options: reject intentionalism, discount the intuitions and deny that spectrum inversion without misrepresentation is possible, or find a way to reconcile the two by dissolving the apparent conflict. Sydney Shoemaker's (1994) (...) introduction of appearance properties is a particularly ingenious way of pursuing the third strategy, by maintaining that there is a representational difference between the phenomenally spectrum-inverted subjects.2 In introducing appearance properties, Shoemaker does two things: he identifies a theoretical role for some family of properties to play, and he suggests a family of properties as candidates to play that role. I'll argue that his proposed candidates do not play the role as well as we would like, suggest some new candidates, and argue that they do a better job. (shrink)

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of (...) private property presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique. (shrink)