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Subcategories:History/traditions: Property Rights

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  1. Must Politics Be War? Restoring Our Trust in the Open Society.Kevin Vallier - 2019 - New York, NY, USA: Oxford University Press.
    Americans today are far less likely to trust their institutions, and each other, than in decades past. This collapse in social and political trust arguably fuels our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that we now live under the historic norm. Seen this way, politics itself is nothing more than a power struggle between groups with irreconcilable aims: contemporary American politics is war because (...)
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  2. The Self-Ownership Proviso: A Critique.Peter Bornschein - 2018 - Politics, Philosophy and Economics 17 (4):339-355.
    Recently, Eric Mack, Edward Feser, and Daniel Russell have argued that self-ownership justifies a constraint on the use of property such that an owner’s use of property may not severely negate the ability of others to interact with the world. Mack has labeled this constraint the self-ownership proviso. Adopting this proviso promises right-libertarians a way of avoiding the extreme implications of a no-proviso view, while maintaining a consistent and cohesive position. Nevertheless, I argue that self-ownership cannot ground the constraint on (...)
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  3. Property Rights of Personal Data and the Financing of Pensions.Francis Cheneval - forthcoming - Critical Review of International Social and Political Philosophy:1-23.
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  4. Discrimination and Disability.Sean Aas & David Wasserman - 2017 - In Kasper Lippert-Rasmussen (ed.), Routledge Handbook of the Ethics of Discrimination. New York: Routledge.
  5. Liberty, Property and Markets: A Critique of Libertarianism.Daniel Attas - 2005 - London, U.K.: Routledge.
  6. The Rights of Persons and the Rights of Property.Eran Asoulin - 2017 - Arena 151.
    Mirvac chief executive Susan Lloyd-Hurwitz, not one usually associated with sympathy for tenants on the rental market, said earlier this year that ‘renting in Australia is generally a very miserable customer experience…the whole industry is set up to serve the owner not the tenant’ Her observation is basically correct and the solution she offers is to change the current situation where small investors, supported by generous government tax concessions, provide effectively all of the country’s private rental housing. Lloyd-Hurwitz wants Mirvac, (...)
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  7. Three Types of Sufficientarian Libertarianism.Fabian Wendt - forthcoming - Res Publica:1-18.
    Sufficientarian libertarianism is a theory of justice that combines libertarianism’s focus on property rights and non-interference with sufficientarianism’s concern for the poor and needy. Persons are conceived as having stringent rights to direct their lives as they see fit, provided that everyone has enough to live a self-guided life. Yet there are different ways to combine libertarianism and sufficientarianism and hence different types of sufficientarian libertarianism. In the article I present and discuss three types, and I argue that the last (...)
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  8. The Properties of Culture and the Politics of Possessing Identity: Native Claims in the Cultural Appropriation Controversy.Rosemary J. Coombe - 1993 - Canadian Journal of Law and Jurisprudence 6 (2):249-285.
    The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing (...)
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  9. Downward Mobility and Rawlsian Justice.Govind Persad - 2017 - Philosophical Studies 175 (2):277-300.
    Technological and societal changes have made downward social and economic mobility a pressing issue in real-world politics. This article argues that a Rawlsian society would not provide any special protection against downward mobility, and would act rightly in declining to provide such protection. Special treatment for the downwardly mobile can be grounded neither in Rawls’s core principles—the basic liberties, fair equality of opportunity, and the difference principle—nor in other aspects of Rawls’s theory. Instead, a Rawlsian society is willing to sacrifice (...)
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  10. The Libertarian Error.Richard Oxenberg - 2017 - Political Animal Magazine.
    This article examines the flaw in the libertarian conception of the right to property. It argues that libertarians fail to recognize that, in a settled society, the right to amass property must be qualified and limited by the right of all people - including those without property - to have access to sufficient property for a satisfactory life.
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  11. The Sufficiency Proviso.Fabian Wendt - 2017 - In Routledge Handbook of Libertarianism. London: Routledge. pp. 169-183.
    A libertarian theory of justice holds that persons are self-owners and have the Hohfeldian moral power to justly acquire property rights in initially unowned external resources. Different variants of libertarianism can be distinguished according to their stance on the famous Lockean proviso. The proviso requires, in Locke’s words, to leave ‘enough and as good’ for others, and thus specifies limits on the acquisition of property. Left-libertarians accept an egalitarian interpretation of the proviso, ‘right-libertarians’ either reject any kind of proviso or (...)
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  12. Blockchain Technology as an Institution of Property.Georgy Ishmaev - 2017 - Metaphilosophy 48 (5):666-686.
    This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge and (...)
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  13. Private Property and the Possibility of Consent. Immanuel Kant and Social Contract Theory.Alice Pinheiro Walla - forthcoming - In Larry Krasnoff, Nuria Sánchez Madrid & Paula Satne (eds.), Kant's Doctrine of Right in the 21st Century. University of Wales Press.
  14. Book Review: Our Bodies, Whose Property?, by Anne PhillipsOur Bodies, Whose Property?, by PhillipsAnne. Princeton, NJ: Princeton University Press, 2013. [REVIEW]Clare Chambers - 2015 - Political Theory 43 (1):111-118.
  15. Is The Common Law A Free-Market Solution To Pollution?Jonathan Adler - 2012 - Critical Review: A Journal of Politics and Society 24 (1):61-85.
    Whereas conventional analyses characterize environmental problems as examples of market failure, proponents of free-market environmentalism consider the problem to be a lack of markets and, in particular, a lack of enforceable and exchangeable property rights. Enforcing property rights alleviates disputes about, as well as the overuse of, most natural resources. FME diagnoses of pollution are much weaker, however. Most FME proponents suggest that common-law tort suits can adequately protect private property and ecological resources from pollution. Yet such claims have not (...)
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  16. Infringement of Intellectual Property Rights: A Commentary on Article 8 of the Rome II Regulation.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
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  17. The Territorial Dimension of Intellectual Property Law.Adelheid Puttler, Marc Bungenberg & Karl M. Meessen - 2009 - In Adelheid Puttler, Marc Bungenberg & Karl M. Meessen (eds.), Economic Law as an Economic Good: Its Rule Function and its Tool Function in the Competition of Systems. Sellier de Gruyter.
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  18. Applicable Law in the Absence of Choice to Contracts Relating to Intellectual or Industrial Property Rights.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume X. Sellier de Gruyter.
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  19. Property Rights and the Limit Of Democracy.Richard Boccheciampe - 1995 - Journal de Economistes Et des Etudes Humaines 6 (2-3):497-506.
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  20. International Private Law of Intellectual Property.Andrea Bonomi, Paul Volken & Petar Sarcevic - 2009 - In Andrea Bonomi, Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Vi. Sellier de Gruyter.
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  21. Intellectual Property Rights: ‘Property’ or ‘Right’? The Application of the Transfer Rules to Intellectual Property.Brigitta Lurger & Wolfgang Faber - 2009 - In Brigitta Lurger & Wolfgang Faber (eds.), Rules for the Transfer of Movables: A Candidate for European Harmonisation or National Reforms? Sellier de Gruyter.
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  22. A Property Rights Approach to Free Banking.Howard Bodenhorn & Steven Horwitz - 1994 - Journal de Economistes Et des Etudes Humaines 5 (4):505-520.
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  23. Property Rights, Technology, and the Oceans.Michael De Alessi - 1996 - Journal de Economistes Et des Etudes Humaines 7 (2-3):429-434.
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  24. The Role of Property Rights in Protecting Water Quality.Elizabeth Brubaker - 1996 - Journal de Economistes Et des Etudes Humaines 7 (2-3):407-414.
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  25. Property Rights in the Eighth Century Prophets.Baruch A. Levine & John Andrew Dearman - 1991 - Journal of the American Oriental Society 111 (3):644.
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  26. Constructing Intellectual Property.Alexandra George - 2012 - Cambridge University Press.
    What is 'intellectual property'? This book examines the way in which this important area of law is constructed by the legal system. It argues that intellectual property is a body of rules, created by the legal system, that regulate the documented forms of abstract objects, which are also defined into existence by the legal system. Intellectual property law thus constructs its own objects of regulation and it does so through the application of a collection of core concepts. By analyzing the (...)
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  27. The Demandingness of Nozick’s ‘Lockean’ Proviso.Josh Milburn - 2016 - European Journal of Political Theory 15 (3):276-292.
    Interpreters of Robert Nozick’s political philosophy fall into two broad groups concerning his application of the ‘Lockean proviso’. Some read his argument in an undemanding way: individual instances of ownership which make people worse off than they would have been in a world without any ownership are unjust. Others read the argument in a demanding way: individual instances of ownership which make people worse off than they would have been in a world without that particular ownership are unjust. While I (...)
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  28. Property: Its Duties and Rights Historically, Philosophically and Religiously Regarded.T. Whittaker - 1914 - International Journal of Ethics 24 (4):470-473.
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  29. The Matthew Effect in Science, II: Cumulative Advantage and the Symbolism of Intellectual Property.Robert K. Merton - 1988 - Isis 79 (4):606-623.
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  30. Private Intellectual Property and Research as a Public Service.Lorenzo Peña - 2008 - Arbor 184 (730).
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  31. ‘IP’ Moral Rights Breaches Are Deception Offences, Not Property Offences: Correcting a Category Error.James McKeahnie - 2016 - Res Publica 22 (2):193-207.
    In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and ScientificAmerican, was subject to criticism for its requirement that contributing authors waive their moral rights in relation to their published articles. Some of the rights included under the umbrella term ‘moral rights’ are the right to have any copies of one’s work reproduced accurately and without alteration; the right to the accurate attribution of one’s work under one’s own name; and the right not (...)
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  32. Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion.Corey Brettschneider - 2012 - The Law and Ethics of Human Rights 6 (1):119-146.
    The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...)
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  33. The Ethics of Intellectual Property Rights in an Era of Globalization.Aakash Kaushik Shah, Jonathan Warsh & Aaron S. Kesselheim - 2013 - Journal of Law, Medicine and Ethics 41 (4):841-851.
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  34. Book Review: Body Parts: Property Rights and the Ownership of Human Biological Materials. [REVIEW]Lori B. Andrews & Dorothy Nelkin - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):210-212.
  35. The Expansion and Restructuring of Intellectual Property and Its Implications for the Developing World.David Lea - 2008 - Ethical Theory and Moral Practice 11 (1):37-60.
    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 (...)
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  36. Property Rights, Genes, and Common Good.Esther D. Reed - 2006 - Journal of Religious Ethics 34 (1):41-67.
    This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are (...)
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  37. Growth Via Intellectual Property Rights Versus Gendered Inequity in Emerging Economies: An Ethical Dilemma for International Business.Pallab Paul & Kausiki Mukhopadhyay - 2010 - Journal of Business Ethics 91 (3):359-378.
    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 (...)
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  38. Reflecting on the Common Discourse on Piracy and Intellectual Property Rights: A Divergent Perspective.Betty Yung - 2009 - Journal of Business Ethics 87 (1):45-57.
    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 (...)
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  39. Creativity or Coercion: Alternative Perspectives on Rights to Intellectual Property.Peter Lewin - 2007 - Journal of Business Ethics 71 (4):441-455.
    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 (...)
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  40. Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations.John Alan Lehman - 2006 - 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 examines the (...)
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  41. The Concept of Private Property and the Limits of the Environmental Imagination.John M. Meyer - 2009 - Political Theory 37 (1):99-127.
    An absolutist concept of property has the power to shape and constrain the public imagination. Libertarian theorists normatively embrace this concept. Yet its influence extends far beyond these proponents, shaping the views of an otherwise diverse array of theorists and activists. This limits the ability of environmentalists, among others, to respond coherently to challenges from property rights advocates in the U.S. I sketch an alternative concept--rooted in practice--that understands private property as necessarily embedded in social and ecological relations, rather than (...)
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  42. The Reasonableness of John Locke's Majority: Property Rights, Consent, and Resistance in the Second Treatise.J. Stevens - 1996 - Political Theory 24 (3):423-463.
  43. Self-Ownership, Equality, and the Structure of Property Rights.John Christman - 1991 - Political Theory 19 (1):28-46.
  44. Memory in Native American Land Claims.Burke A. Hendrix - 2005 - Political Theory 33 (6):763-785.
    While claims for the return of expropriated land by Native Americans and other indigenous peoples are often evaluated using legal frameworks, such approaches fail to engage the fundamental moral questions involved. This essay outlines three justifications for Native Americans to pursue land claims: to regain properties where original ownership has not been superseded, to aid the long-term survival of their endangered cultures, and to challenge and revise the historical misremembering of mainstream American society. The third justification is most controversial. It (...)
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  45. The Philosophical Foundations of Property Rights.A. B. Carter - unknown
  46. Book Review: Our Bodies, Whose Property?, by Anne Phillips. [REVIEW]Clare Chambers - 2015 - Political Theory 43 (1):111-118.
  47. Economic Approaches to Intellectual Property.Nicola Searle & Martin Brassell - 2016 - Oxford University Press UK.
    Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book is a comprehensive, critical analysis of economic interpretations of intellectual property, written for researchers, practitioners and policymakers. It analyses the interface between economics, finance, accountancy and intellectual property law. Commencing with a critical analysis of the economics of innovation, law, industrial organisation (...)
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  48. Property Rights : Philosophic Foundations.Lawrence C. Becker - 1977 - Routledge.
    _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 (...)
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  49. Nature’s Law: The Evolutionary Origin of Property Rights.Kathryn Loncarich - unknown
    This article contributes to the outline of the origin of property rights set forth by Professor Krier, by more fully analyzing the role of evolutionary biology in the development of property rights. This article focuses on the pre-political formation of property ownership and the initial formation of concepts of property and ownership. Expanding on Krier’s analysis, this article considers the implications of this evolutionary foundation on our modern property regime, particularly given the growing chasm between the wealthy on one side (...)
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  50. Intellectual Property Rights and Trade in the Food and Agricultural Sectors.M. Korthals & H. Belt - unknown
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