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Subcategories:History/traditions: Property Rights
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  1. Ernest B. Abbott, Peter Baldridge, Howard Koh & Edward P. Richards (2007). Seizure of Private Property: Powers and Protections. Journal of Law, Medicine & Ethics 35 (s4):77-78.
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  2. Jonathan H. Adler (2009). Taking Property Rights Seriously: The Case of Climate Change. Social Philosophy and Policy 26 (2):296-316.
    The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change is likely to contribute (...)
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  3. Lori B. Andrews & Dorothy Nelkin (1997). Book Review: Body Parts: Property Rights Ad the Ownership of Human Biological Materials. [REVIEW] Journal of Law, Medicine & Ethics 25 (2-3):210-212.
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  4. David B. Annis & Cecil E. Bohanon (1992). Desert and Property Rights. Journal of Value Inquiry 26 (4):537-546.
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  5. Barbara Arneil (1993). Thomas Horne, Property Rights and Poverty: Political Argument in Britain, 1605–1834, Chapel Hill, N.C., University of North Carolina Press, 1990, Pp.X + 296. [REVIEW] Utilitas 5 (2):332.
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  6. Richard J. Arneson (1992). Property Rights in Persons. Social Philosophy and Policy 9 (1):201.
    In contemporary market societies, the laws do not place individuals under enforceable obligations to aid others. Perhaps the most striking exception to this broad generalization is the practice of conscription of able-bodied males into military service, particularly in time of war. Another notable exception is the legal enforcement in some contemporary societies of “Good Samaritan” obligations — obligations to provide temporary aid to victims of emergencies, such as car accident victims. The obligation applies to those who are in the immediate (...)
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  7. Richard Ashcraft (1994). Exclusive and Inclusive Theories of Property Rights: Rejoinder to Horne. Critical Review 8 (3):435-440.
    Contrary to Thomas Horne's propensity to consider arguments concerning property rights and poverty as exclusive and self?contained topics within the political discourse of liberalism, they should be seen as part of the defense of democratic and market institutions that is central to the historical development of liberalism. The problems arising from the relationship of property rights to poverty, therefore, need to be included in any assessment of the success or failure of the institutions of a democratic market society to realize (...)
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  8. Richard Ashcraft (1992). Liberalism and the Problem of Poverty. Critical Review 6 (4):493-516.
    From the seventeenth to the mid?nineteenth centuries, the language of natural law and natural rights structured the commitment of liberalism to the development of both a market society and democratic political institutions. The existence of widespread poverty was seen, at various times, as a problem to be resolved either by an expanding commercial/capitalistic society or through democratic political reform. As Thomas Home shows in Property Rights and Poverty, liberalism as apolitical theory has, from its origins, been deeply committed to (at (...)
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  9. Louis A. Barth (1973). "What is Property? An Inquiry Into the Principle of Right and of Government," by Pierre-Joseph Proudhon, Trans. Benjamin F. Tucker with an Introduction by George Woodcock. Modern Schoolman 50 (3):318-318.
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  10. 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 concludes with a (...)
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  11. Charles R. Beitz (1980). Tacit Consent and Property Rights. Political Theory 8 (4):487-502.
  12. Laura Biron (2010). Two Challenges to the Idea of Intellectual Property. The Monist 93 (3):382-394.
    Although the expression 'intellectual property' is widely used, it could be argued that the very idea of intellectual property is incoherent. After all, ideas are not like land, houses or clothing; surely they are not the sorts of things that can be owned? I shall examine two arguments - one ontological, one jurisprudential - that put pressure on the coherence of the idea of intellectual property, both leading to the conclusion that intellectual property rights are not genuine property rights, but (...)
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  13. B. Bjorkman (2006). Bodily Rights and Property Rights. Journal of Medical Ethics 32 (4):209-214.
    Whereas previous discussions on ownership of biological material have been much informed by the natural rights tradition, insufficient attention has been paid to the strand in liberal political theory represented by Felix Cohen, Tony Honoré, and others, which treats property relations as socially constructed bundles of rights. In accordance with that tradition, we propose that the primary normative issue is what combination of rights a person should have to a particular item of biological material. Whether that bundle qualifies to be (...)
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  14. Barbro Björkman (2007). Different Types—Different Rights. Science and Engineering Ethics 13 (2):221-233.
    Drawing on a social construction theory of ownership in biological material this paper discusses which differences in biological material might motivate differences in treatment and ownership rights. The analysis covers both the perspective of the person from whom the material originates and that of the potential recipient. Seven components of bundles of rights, drawing on the analytical tradition of Tony Honoré, and their relationship to various types of biological material are investigated. To exemplify these categories the cases of a heart, (...)
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  15. Walter Block (1998). Environmentalism and Economic Freedom: The Case for Private Property Rights. [REVIEW] Journal of Business Ethics 17 (16):1887-1899.
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  16. Elisabeth Boetzkes (2001). Privacy, Property, and the Family in the Age of Genetic Testing: Observations From Transformative Feminism. Journal of Social Philosophy 32 (3):301–316.
  17. Bonomi Andrea, Volken Paul & Sarcevic Petar (2009). International Private Law of Intellectual Property. In Andrea Bonomi, Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Vi. Sellier de Gruyter.
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  18. Andrea Bonomi & Paul Volken (2009). Applicable Law in the Absence of Choice to Contracts Relating to Intellectual or Industrial Property Rights. In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume X. Sellier de Gruyter.
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  19. Andrea Bonomi & Paul Volken (2009). Infringement of Intellectual Property Rights: A Commentary on Article 8 of the Rome II Regulation. In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
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  20. Andrea C. Bottani (2010). Intellectual Property as a Kind of Metaproperty. The Monist 93 (3):395-413.
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  21. Jasper A. Bovenberg (2006). Property Rights in Blood, Genes and Data: Naturally Yours? Martinus Nijhoff Publishers.
    The properties of DNA -- DNA as universal property -- DNA as intellectual property -- DNA as national property -- DNA as personal property -- DNA as academic property -- DNA as taxable propety.
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  22. Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
    Justifications for intellectual property rights are typically made in terms of utility or natural property rights. In this article, I justify limited regimes of copyright and patent grounded in no more than the rights to use our ideas and to contract, conjoined at times with a weak right to hold property in tangibles. I describe the Contracting Situation plausibly arising from vesting rational agents with these rights. I go on to consider whether in order to provide the best protection for (...)
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  23. Alfred L. Brophy, Grave Matters: The Ancient Rights of the Graveyard.
    Descendants of people buried in cemeteries on private property have a common law right to access that property to visit the cemetery. That right, which is akin to an implied easement in gross, is recognized by statute in about a quarter of states and by case law in many others. Grave Matters explores the origins, nature, and scope of the little-recognized right and its implications for property theory. It discusses the right as part of well-established property doctrine and its relationship (...)
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  24. Brubaker Elizabeth (1996). The Role of Property Rights in Protecting Water Quality. Journal de Economistes Et des Etudes Humaines 7 (2-3):407-414.
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  25. Simon Butt, Intellectual Property in Indonesia: A Problematic Legal Transplant.
    Since the mid 1990s, Indonesia has significantly reformed its intellectual property laws. These reforms were effected to bring Indonesia’s laws into line with the World Trade Organisation’s Trade Related Aspects of Intellectual Property (TRIPs) Agreement, which requires WTO members to provide minimum standards of intellectual property protection within their domestic legal systems. However, many features of Indonesia’s economic, social, cultural and legal order appear to contradict fundamental precepts of intellectual property. This article argues that, at this stage in its development (...)
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  26. Simon Butt & Timothy Lindsey, Trips, Intellectual Property Law Reform in Indonesia: Why Injunctions Aren't Stopping Piracy.
    This article discusses reforms to Indonesian intellectual property law relating to enforcement. It observes that pre-existing Indonesian law did not provide for ex parte interlocutory injunctions of the kind that the World Trade Organisation’s Trade Related Aspects of Intellectual Property (TRIPs) Agreement requires. It shows also that despite their provision in some of Indonesia’s intellectual property laws, Indonesian judges have been reluctant to issue them. A case involving Microsoft is discussed to highlight this problem and other intellectual property enforcement difficulties (...)
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  27. Per Bylund (2012). Man and Matter: How the Former Gains Ownership of the Latter. Libertarian Papers 4.
    This study seeks to investigate the nature of ownership of land, and how the right to its control and use can be inferred from self-ownership as a premise. Hence, the question asked is how ownership can be justified considering the nature of man from a natural rights point of view. The starting point for the argument is self-ownership as being, where man is identified as an indivisible entirety with inalienable rights to his self emanating from his complex nature. This identification (...)
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  28. Mei-Fang Chen & Ya-Hui Yen (2011). Costs and Utilities Perspective of Consumers' Intentions to Engage in Online Music Sharing: Consumers' Knowledge Matters. Ethics and Behavior 21 (4):283 - 300.
    Online music sharing, deemed illegal for invading intellectual property rights under current laws, has become a crucial issue for the music industry in the modern digital age, but few have investigated the potential costs and utilities for individuals involved in such online misbehavior. This study aimed to fill in this gap to predict consumers' intentions to engage in online music sharing and further consider consumers' online music sharing knowledge as a moderator in the research model. The results of repeated measures (...)
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  29. J. Christman (1991). Self-Ownership, Equality, and the Structure of Property Rights. Political Theory 19 (1):28-46.
  30. Jillian Clare Cohen & Patricia Illingworth (2003). The Dilemma of Intellectual Property Rights for Pharmaceuticals: The Tension Between Ensuring Access of the Poor to Medicines and Committing to International Agreements. Developing World Bioethics 3 (1):27–48.
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  31. Elizabeth Coleman, The Disneyland of Cultural Rights to Intellectual Property: Anthropological and Philosophical Perspectives.
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  32. Dennis R. Cooley (2009). Understanding Social Welfare Capitalism, Private Property, and the Government's Duty to Create a Sustainable Environment. Journal of Business Ethics 89 (3):351-369.
    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 (...)
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  33. Sean Coyle (2004). The Philosophical Foundations of Environmental Law: Property, Rights, and Nature. Hart.
    This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of ...
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  34. Claude Crampes & Corinne Langinier, Are Intellectual Property Rights Detrimental to Innovation?
    Intellectual property rights are legal constraints that limit conditions of entry in industries where incumbents are innovators. The set of legal constraints is the same for all industries, and there is no consideration of the possibility that the externalities created by entry in a given industry may not necessarily be negative for the incumbent, or that the incumbent's R&D expenditures might actually be detrimental to new entrants. We show that one unique set of legal rules can foster innovation in some (...)
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  35. G. E. M. De Ste Croix (1970). Some Observations on the Property Rights of Athenian Women. The Classical Review 20 (03):273-278.
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  36. 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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  37. 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, different from existing (...)
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  38. Graham Dawson (2011). Free Markets, Property Rights and Climate Change: How to Privatize Climate Policy. Libertarian Papers 3.
    The goal has been to devise a strategy that protects as much as possible the rights and liberties of all agents, both users of fossil fuels and people whose livelihoods and territories are at risk if the anthropogenic global warming hypothesis is true. To achieve this goal the standard climate policy instruments, taxes and emissions trading, should be discontinued. There are weaknesses in the theoretical perspectives used to justify these policy instruments and climate science cannot provide the knowledge that would (...)
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  39. Michael De Alessi (1996). Property Rights, Technology, and the Oceans. Journal de Economistes Et des Etudes Humaines 7 (2-3):429-434.
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  40. Paul B. de Laat (2006). Internet-Based Commons of Intellectual Resources: An Exploration of Their Variety. In Jacques Berleur, Markku I. Nurminen & John Impagliazzo (eds.), IFIP; Social Informatics: An Information Society for All? In Remembrance of Rob Kling Vol 223. Springer.
    During the two last decades, speeded up by the development of the Internet, several types of commons have been opened up for intellectual resources. In this article their variety is being explored as to the kind of resources and the type of regulation involved. The open source software movement initiated the phenomenon, by creating a copyright-based commons of source code that can be labelled `dynamic': allowing both use and modification of resources. Additionally, such a commons may be either protected from (...)
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  41. 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 that (...)
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  42. Paul B. de Laat (2001). Open Source Software: A New Mertonian Ethos? In Anton Vedder (ed.), Ethics and the Internet. Intersentia.
    Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. As (...)
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  43. Kevin Edward Deenihan, Leave Those Orcs Alone: Property Rights in Virtual Worlds.
    Virtual Worlds are online communities visited by millions of users, most with their own economic and property systems. This article aims to attack a fundamental issue facing these new worlds: whether real-world legal systems should apply to virtual world transactions and activities. I argue that, contrary to prevailing legal scholarship, virtual worlds should stay free of stifling and inapplicable real-world laws and theories of property. My goal is to show how a focus on fitting laws to the actual needs and (...)
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  44. Richard T. DeGeorge (2010). Intellecutal Property Rights. In George G. Brenkert & Tom L. Beauchamp (eds.), The Oxford Handbook of Business Ethics. Oxford University Press.
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  45. Robert Ehman (1998). Natural Property Rights: Where They Fail. Social Philosophy and Policy 15 (2):283.
    For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a person's appropriation of unowned (...)
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  46. J. M. Elegido (1995). Intrinsic Limitations of Property Rights. Journal of Business Ethics 14 (5):411 - 416.
    Many people take for granted an absolute conception of property rights. According to this conception, if I own a piece of property I have a moral right to do with it as I please, irrespective of the needs of others.This paper articulates an argument against this conception of property rights. First, it shows that there are many possible conceptions of property rights, and that there are significant differences among the models of ownership which have prevailed in different societies. Then, it (...)
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  47. Robert C. Ellickson, Unpacking the Household: Informal Property Rights Around the Hearth.
    As Aristotle recognized in THE POLITICS, the household is an indispensable building block of social, economic, and political life. A liberal society grants its citizens far wider berth to arrange their households than to choose their familial and marital relationships. Legal commentators, however, have devoted far more attention to the family and to marriage than to the household as such. To unpack the household, this Article applies transaction cost economics and sociological theory to interactions among household participants. It explores questions (...)
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  48. James W. Ely (2004). Property Rights and Free Speech: Allies or Enemies? Social Philosophy and Policy 21 (2):177-194.
    Free speech has been treated as a preeminent constitutional right in the United States for more than half a century. The rights of property owners, on the other hand, have received little constitutional protection since the New Deal period of the 1930s. This modern dichotomy is particularly striking because it obscures an older constitutional tradition that equated economic liberty and freedom of expression. This tradition saw both property rights and speech rights as essential to the protection of personal freedom by (...)
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  49. Anders Eriksson & Kalle Grill (2005). Who Owns My Avatar? -Rights in Virtual Property. Proceedings of DiGRA 2005 Conference: Changing Views – Worlds in Play.
    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 (...)
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  50. Henry Etzkowitz (2010). From Conflict to Confluence of Interest : The Co-Evolution of Academic Entrepreneurship and Intellectual Property Rights. In Thomas H. Murray & Josephine Johnston (eds.), Trust and Integrity in Biomedical Research: The Case of Financial Conflicts of Interest. Johns Hopkins University Press.
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