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History/traditions: Property Rights

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  1. Microaggressions, cancel culture, safe spaces, and academic freedom: A private property rights argumentation.Philipp Bagus, Frank Daumann & Florian Follert - 2024 - Business Ethics, the Environment and Responsibility 33 (3):523-534.
    Science is critical and thrives on discourse. However, new challenges for science and academic freedom have arisen from an often-discussed cancel culture and an increasing demand for safe spaces, which are justified by their assumed protection against microaggressions. These phenomena can impede scientific progress and innovation by prohibiting certain thought processes and heterodox ideas that eventually result in new ideas, publications, statements, etc. In this paper, we use the approach of property rights ethics to shed light on these phenomena, especially (...)
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  2. Natural Property Rights.Eric R. Claeys - 2024 - Cambridge University Press.
    Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how natural rights guide political and legal reasoning about (...)
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  3. Finke, Peter (2012). Property rights in livestock among mongolian pastoralists: categories of ownership and categories of control. In: Khazanov, Anatoly; Schlee, Günther. Who Owns The Stock? Collective and Multiple Property Rights in Animals. Oxford, New.P. Finke (ed.) - 2012
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  4. Intellectual Property Rights in a Fab City/Open-Source Hardware Context.Dana Beldiman, Fabian Flüchter & Felix Tann - 2024 - In Manuel Moritz, Tobias Redlich, Sonja Buxbaum-Conradi & Jens P. Wulfsberg (eds.), Global collaboration, local production: Fab City als Modell für Kreislaufwirtschaft und nachhaltige Entwicklung. Springer Fachmedien Wiesbaden. pp. 135-147.
    The Fab City framework is based on the idea of the global sharing of information and knowledge combined with the local production of physical goods. Besides a digital infrastructure, this framework also needs a legal infrastructure in order to ensure compliance with the Fab City principles. In this regard, the law presents two conflicting approaches: exclusivity through Intellectual Property Rights (IPRs) or sharing of information based on the credo of the open-source movement. Both of these approaches might be necessary to (...)
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  5. Difficulties of reattachment : why is property law still a challenge for economic analysis of property rights?Aleksandar Stojanović - 2019 - In Péter Cserne & Magdalena Małecka (eds.), Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives. New York, NY: Routledge.
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  6. Rectification and Historic Injustice.Jason Lee Byas - 2022 - In Matt Zwolinski & Benjamin Ferguson (eds.), The Routledge Companion to Libertarianism. Routledge. pp. 427-440.
    This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...)
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  7. The Problematic Rationality of Private Property Rights.Emmanuel Picavet - 2024 - Environmental Ethics 46 (1):9-25.
    The “private” dimension of social life is problematic, posing conceptual, political, and ecological challenges. Some of these problems arise from the very nature of private property as it is enshrined in social life, which demands special privileges be granted to “private” matters on the grounds that these are private, because the predominant representation of the involved rights is that they reflect claims of the holders, rather than legitimate claims of society as a whole in allocating responsibilities, benefits, and duties. The (...)
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  8. Das Gespenst.Sabine Döring, Lars Neth & Wolf Lotter - 2021 - Brand Eins.
    Wenn es um „den Kapitalismus“ geht, regieren schnell die Gefühle. Die Philosophen Sabine Döring und Lars Neth appellieren an die Vernunft. -/- Interview: Wolf Lotter.
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  9. Vietnam’s Regulation on Intellectual Property Rights Protection: The Context of Digital Transformation.Dao Ngoc Anh Nguyen, V. P. Nguyen & Kim Hieu Bui - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (1):259-278.
    Vietnam is home to a prospering technology community and numerous enterprises that range from small start-ups to development giants. Virtually all public services are offered online. In fact, the country even has a system for e-residency and “data embassies.” This achievement derives in part from the nation’s transparent and enduring political preferences, but more importantly from Vietnamese law and its regulatory system regarding information, the digital general public, and intellectual property rights (IPR) protection. In this examination of the most pertinent (...)
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  10. The Concept of Property in Kant, Fichte, and Hegel: Freedom, Right, and Recognition.Jacob Blumenfeld - 2023 - New York: Routledge Studies in Nineteenth-Century Philosophy.
    This book provides a detailed account of the role of property in German Idealism. It puts the concept of property in the center of the philosophical systems of Kant, Fichte, and Hegel and shows how property remains tied to their conceptions of freedom, right, and recognition. The book begins with a critical genealogy of the concept of property in modern legal philosophy, followed by a reconstruction of the theory of property in Kant's Doctrine of Right, Fichte's Foundations of Natural Right, (...)
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  11. Did Robert Nozick Support Forced Taxation?Konstantin Morozov - 2023 - Philosophy and Society 107 (2):78-96.
    Robert Nozick is the most discussed libertarian philosopher of these days. The paper examines the question of whether he supported forced taxation. The normative basis of Nozick’s position, the neo-Lockean theory of natural human rights are analyzed. On the basis of this theory, his argument in favor of the moral justification of the minimal state is reconstructed. While this reconstruction leaves it ambiguous whether such the state should be funded by taxation, six arguments are offered in favor of such tax (...)
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  12. Data Property Rights: The Chinese Way.Marina Timoteo & Zhibo Luan - 2023 - In Marina Timoteo, Barbara Verri & Riccardo Nanni (eds.), Quo Vadis, Sovereignty? : New Conceptual and Regulatory Boundaries in the Age of Digital China. Springer Nature Switzerland. pp. 199-219.
    Data has been identified as “the” asset of XXI century, an asset that can be created, manufactured, processed, stored, transferred, licensed, sold and stolen and which raises questions on property rights on them. However, defining data property rights profiles is a very challenging task not only for Chinese legislator: calls for data ownership encounter difficulties of treating data as goods and framing data within the existing property law regime. This is true also within systems belonging to the Western legal tradition (...)
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  13. Review of Who Owns America? Social Conflict over Property Rights. [REVIEW]Harvey Jacobs - 2000 - Environmental Ethics 22:423-424.
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  14. Rights and Practical Reasoning: A Practical View on the Specificationism vs Generalism Debate.Cristián Rettig - 2023 - Journal of Value Inquiry 1 (1):1-15.
    In this paper, I argue that specificationism deprives rights of any significant role in practical reasoning before it arrives at a conclusion, while the generalist conception preserves the practical role we intuitively assign to rights in reasoning directed to action. Assuming that a conception of rights faithful to ordinary practical reasoning is preferable, this fact gives a strong reason to prefer generalism over specificationism, although not without qualification. To be satisfactory from the practical standpoint, any account of rights that adopts (...)
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  15. Review of Property Rights and Eminent Domain. [REVIEW]Ellen Frankel Paul - 1989 - Environmental Ethics 11:179-189.
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  16. Crowd Pleaser: The Remaking of Property Rights in Digital Spaces.Shelly Kreiczer-Levy - 2023 - Law and Ethics of Human Rights 17 (1):23-43.
    This article explores the remaking of classical liberal rights in digital spaces, with a focus on property rights in artificial intelligence (AI) crowds. The rise of crowds in digital and technological spaces has created new opportunities for users, but their accumulated contributions create added value for the platforms and manufacturers that manage the crowd, leading to a curtailment of individual autonomy. The article identifies two parallel processes that characterize individuals’ involvement in digital crowds: manufacturers construct the property rights of individual (...)
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  17. Property Rights.John Douglas Bishop - 2021 - In Deborah C. Poff & Alex C. Michalos (eds.), Encyclopedia of Business and Professional Ethics. Springer Verlag. pp. 1506-1512.
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  18. 11. How Neoliberalism Makes Its World: The Urban Property Rights Project in Peru.Timothy Mitchell - 2015 - In Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin: The Making of the Neoliberal Thought Collective, With a New Preface. Harvard University Press. pp. 386-416.
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  19. Property and non-ideal theory.Adam Lovett - 2023 - Inquiry: An Interdisciplinary Journal of Philosophy 1:1-25.
    According to the standard story, there are two defensible theories of property rights: historical and institutional theories. The former says that you own something when you’ve received it via an unbroken chain of just transfers from its original appropriation. The latter says that you own something when you’ve been assigned it by just institutions. This standard story says that the historical theory throws up a barrier to redistributive economic policies while the institutional theory does not. In this paper, I argue (...)
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  20. Now It’s Personal: From Me to Mine to Property Rights.David Shoemaker & Bas van der Vossen - 2023 - Law and Philosophy 42 (2):177-203.
    Philosophical theories of property rights struggle to adequately explain the moral significance of ownership. We propose that the moral significance of property rights is due to the intersection of what we call "the extended self” and conventionally protected rights claims. The latter, drawing on conventionalist accounts of property rights, explains the social nature and flexibility of property. The former, drawing on naturalist theories, explains their personal nature. The upshot is that we find at this intersection the full moral significance of (...)
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  21. Managerial prerogative, property rights, and labor control in employment status disputes.Julia Louise Tomassetti - 2023 - Theoretical Inquiries in Law 24 (1):180-205.
    This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not the exercise (...)
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  22. The right to bequeath as a common legal power.Luft Constantin & Gutmann Thomas - 2022 - In Schmidt am Busch Hans-Christoph, Halliday Daniel & Gutmann Thomas (eds.), Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives. Oxon/New York: Routledge. pp. 76-94.
    This chapter demonstrates that counter-arguments against such a right from analytic legal theory, among them Steiner’s, do not succeed. Although there are no rights on the part of post-mortem persons, a right to bequeath can be explained by and built around posthumous interests of the testator that might be adversely affected after his or her demise. This perspective, however, would have to be based upon an interest theory of rights. For proponents of a will theory of rights such as Steiner, (...)
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  23. A Bleeding Heart Libertarian View of Inequality.Andrew Jason Cohen - 2020 - In Hugh Lafollette (ed.), Ethics in Practice: An Anthology, Fifth Edition. John Wiley & Sons. pp. 598-610.
    We live in a market system and witness much economic inequality. Although such inequality may not be an essential characteristic of market systems, it seems historically inevitable. How we should evaluate this inequality, on the other hand, is contentious. I propose that bleeding heart libertarians provide the best diagnosis and prescription.
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  24. Property rights and justice in holdings : a libertarian perspective.Erik Mack - 2022 - In Chris Melenovsky (ed.), Routledge Handbook of Philosophy, Politics, and Economics. Routledge.
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  25. Reviewing Property Rights to Meet Ecological Challenges.Martin Kment - 2021 - Jahrbuch für Recht Und Ethik 29 (1):63-77.
    Die Eigentumsgarantie nimmt nicht nur in der deutschen Verfassung, dem Grundgesetz, eine bedeutende Stellung ein, sondern prägt auch die verfassungsrechtlichen Grundlagen der europäischen Nachbarstaaten und vieler anderer Rechtsordnungen auf dem Globus. Neben der Bewahrung konkreter Eigentumspositionen gewährleistet die Eigentumsgarantie vor allem das Freiheitsanliegen des Einzelnen, der im Eigentum die materielle Absicherung seiner Selbstbestimmung findet. Allerdings steht das Eigentum nicht allein im Dienst des Eigentümers; es soll auch dem Gemeinwohl dienen. In dieser Wechselbezüglichkeit entstehen Konflikte und es verfestigt sich zusehends eine (...)
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  26. Patents and intellectual property rights.Roger Brownsword - 2014 - In Darrel Moellendorf & Heather Widdows (eds.), The Routledge Handbook of Global Ethics. Routledge.
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  27. The Thomist debate over inequality and property rights in Depression-Era Europe shaping a new society.James Chappel - 2018 - In Rajesh Heynickx & Stéphane Symons (eds.), So What's New About Scholasticism?: How Neo-Thomism Helped Shape the Twentieth Century. Boston: De Gruyter.
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  28. Spiritual Philosophers: From Schopenhauer to Irigaray, by Richard White.Andrew J. Zeppa - 2021 - Journal for Continental Philosophy of Religion 3 (1):113-116.
  29. The development of intellectual property rights in the digital economy.Buriev Bekjakhon Burkhon Ugli - unknown
    This research article is devoted to the analysis of the Intlectual poperty law and rights in the phase of the digtal economy. Ths is because today Intelectual property law has already reached not only the local, but also the global, international importance. According to the effective international conventions, agreements and treaties system, the world community receives a large amount of income from intellectual property and its sale, which means that ideas, developments and individual rights have a significant share in the (...)
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  30. Property Rights and Biodiversity.Susan Hanna - 2013 - In . pp. 273-279.
    Property rights to natural resources define privileges and responsibilities in the use of environmental goods and services. They specify the way people are to behave toward one another as they use and conserve environmental resources. This chapter describes the form and function of property rights in general and discusses the relation of property rights to biodiversity in particular. This discussion summarizes what is known about the potential and limitations of property rights to protect biodiversity. It also examines the considerable uncertainty (...)
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  31. Scarcity, Property Rights, Irresponsibility: How Intellectual Property Deals with Neglected Tropical Diseases.Daniel Pinheiro Astone - 2023 - Law and Critique 34 (1):145-164.
    The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge from the operations (...)
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  32. Objections to the Moral Justification of Aiding the Global Poor: An Analysis (Book Chapter).Asmat Ara Islam - 2018 - In Norman K. Swazo (ed.), Contemporary Moral Philosophy and Applied Ethics : An Anthology.
  33. The Project Pursuit Argument for Self-Ownership and Private Property.Fabian Wendt - 2022 - Social Theory and Practice 48 (3):583-605.
    The article argues that persons should be conceived as self-owners and entitled to acquire private property within justifiable property conventions because they should be able to live as project pursuers. This is the ‘project pursuit argument’. It leads to a conception of self-ownership that is stringent, but weaker than standard libertarian notions of self-ownership, and to an understanding of private property as a convention that has to meet a sufficientarian threshold in order to be justifiable.
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  34. Eight Principles for Property Rights in the Anti-Sprawl Age.Eric Freyfogle - 1999 - William and Mary Environmental Law and Policy Review 23 (3):777.
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  35. Concentric Space as a Life Principle Beyond Schopenhauer, Nietzsche and Ricoeur: Inclusion of the Other.Paul Downes - 2019 - New York, NY: Routledge.
    Concentric Space as a Life Principle beyond Schopenhauer, Nietzsche and Ricoeur invites a fresh vision of human experience and search for life meanings in terms of potential openings through relational space. Offering a radical spatial rereading of foundational ideas of influential thinkers Schopenhauer, Nietzsche and Ricoeur, it argues that these ideas can be rethought for a more fundamental understanding of life, self and other. This book offers a radical reconceptualisation of space as an animating principle for life through common, although (...)
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  36. Arthur Schopenhauer: The World as Will and Presentation: Volume Ii.Arthur Schopenhauer - 2011 - Routledge.
  37. Arthur Schopenhauer: The World as Will and Presentation: Volume I.Arthur Schopenhauer - 2008 - Routledge.
  38. Death, Contemplation and Schopenhauer.R. Raj Singh - 2007 - Routledge.
    The connections between death, contemplation and the contemplative life have been a recurrent theme in the canons of both western and eastern philosophical thought. This book examines the classical sources of this philosophical literature, in particular Plato's Phaedo and the Katha Upanishad and then proceeds to a sustained analysis and critical assessment of the sources and standpoints of a single thinker, Arthur Schopenhauer, whose work comprehensively pursues this problem. The book traces the pivotal issue of death through the whole range (...)
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  39. Schopenhauer.Julian Young - 2005 - New York: Routledge.
    Arthur Schopenhauer was one of the greatest writers and German philosophers of the nineteenth century. His work influenced figures as diverse as Wagner, Freud and Nietzsche. Best known as a pessimist, he was one of the few philosophers read and admired by Wittgenstein. In this comprehensive introduction, Julian Young covers all the main aspects of Schopenhauer's philosophy. Beginning with an overview of Schopenhauer's life and work, he introduces the central aspects of his metaphysics fundamental to understanding his work as a (...)
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  40. Trespassing and reflective equilibrium.Terence Rajivan Edward - manuscript
    In this paper, I present an objection to the reflective equilibrium method based on land purchases and trespassing. I then propose a solution, which involves a change to how we regard the method.
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  41. Red in Tooth and Claw No More: Animal Rights and the Permissibility to Redesign Nature.Connor K. Kianpour & Eze Paez - 2022 - Environmental Values 31 (2):211-231.
    Most non-human animals live in the wild and it is probable that suffering predominates in their lives due to natural events. Humans may at some point be able to engage in paradise engineering, or the modification of nature and animal organisms themselves, to improve the well-being of wild animals. We may, in other words, make nature 'red in tooth and claw' no more. We argue that this creates a tension between environmental ethics and animal ethics which is likely insurmountable. First, (...)
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  42. Intellectual property rights trump the right to health: Canada’s Access to Medicines Regime and TRIPs flexibilities in the context of Bolivia’s quest for vaccines.James Crombie - 2021 - Journal of Global Ethics 17 (3):353-366.
    The failure of the Canadian pharmaceutical company Biolyse Pharma to obtain authorization under Canada’s Access to Medicines Regime to produce 15 million badly needed doses of a generic copy...
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  43. Collaborative research and intellectual property rights.Darrell A. Posey, Graham Dutfield & Kristina Plenderleith - 1996 - In N. Cooper & R. C. J. Carling (eds.), Ecologists and Ethical Judgements. Springer. pp. 111-121.
    Scientists find themselves working more and more with indigenous, traditional and local communities in all aspects of their collections and investigations. Indigenous knowledge has become increasingly important in research, while at the same time local communities have become increasingly politicized in the use, misappropriation, and commercialisation of their knowledge and biogenetic resources. It is becoming more and more difficult for even the most well-intentioned scientists to stride into indigenous areas and collect plants, animals, folk tales, and photos without having first (...)
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  44. The choice of efficiencies and the necessity of politics.Michael Bennett - 2023 - Critical Review of International Social and Political Philosophy 26 (6):877-896.
    Efficiency requires legislative political institutions. There are many ways efficiency can be promoted, and so an ongoing legislative institution is necessary to resolve this choice in a politically sustainable and economically flexible way. This poses serious problems for classical liberal proposals to constitutionally protect markets from government intervention, as seen in the work of Ilya Somin, Guido Pincione & Fernando Tesón and others. The argument for the political nature of efficiency is set out in terms of both Pareto optimality and (...)
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  45. Extreme Poverty, Property Rights, and Moral Obligation.Asmat Ara Islam - 2014 - Jagannath University Journal of Arts 4.
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  46. Property rights: a re-examination: by J. E. Penner, Oxford, Oxford University Press, 2020, 233 pp., £80.00, ISBN: 9780198830122.Ira K. Lindsay - 2021 - Jurisprudence 12 (3):439-446.
    James Penner has probably done more than anyone else in legal philosophy to set the terms of debate in property theory for the past two decades. His 1997 book, The Idea of Property in Law initiated...
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  47. Reconciling the Irreconcilable: A Property Rights Approach to Resolving the Animal Rights Debate.Anthony J. Cesario - 2021 - Studia Humana 10 (4):36-65.
    Libertarianism is understood to be a “deontological theory of law” that purportedly applies exclusively to humans. According to some libertarians, however, “one of the greatest weaknesses of libertarian theory” is that there are no provisions outlawing the abuse and torture of animals even though this seems to be one of “the most heinous acts it is possible to do”. Moreover, a few of these libertarians go even further and claim that this legal philosophy of non-aggression should actually be extended to (...)
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  48. The appropriate extent of intellectual property rights in art.Alan V. Deardorff - 1995 - Journal of Cultural Economics 19.
    The paper examines whether intellectual property rights in art should be extended to the entire world. In earlier papers, the economics of patent rights have been examined and the argument made that world welfare is likely to fall if patent rights are extended to the entire world. This argument is recapitulated here with special attention to the assumptions that are needed for its validity. These assumptions are then reexamined in the context of markets for art to see whether the argument (...)
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  49. A Humean Theory of Property Rights.Ira K. Lindsay - 2015 - Dissertation, University of Michigan
    My dissertation defends a Humean theory of property rights against its neo-Lockean and ‘resource egalitarian’ rivals. Humean property rights are conventional and not grounded in pre-institutional moral entitlements. Nevertheless, the importance of property rights for facilitating social cooperation between people with differing views about justice gives them normative authority even when they do not conform to ideal principles of distributive justice or ‘natural right.’ I develop a conceptual architecture of property rights and property interests in order to dispel confusion about (...)
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  50. The Institutions of Privacy: Data Protection Versus Property Rights to Data.Henrique Schneider - 2021 - SATS 22 (1):111-129.
    This paper investigates the conceptual possibility for, and the institutions relating to a positive right of private property to data. To do so, it distinguishes between structured data, as a designator, and datapoints, which are data embedded in the timeline. The reasoning being explored here is: the agents generating datapoints – he source of the data – have a right to private property to the datapoints they generate. The agents, then, can choose to retain the datapoints or to sell them (...)
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