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Subcategories:History/traditions: Property Rights

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  1. Concentric Space as a Life Principle Beyond Schopenhauer, Nietzsche and Ricoeur: Inclusion of the Other.Paul Downes - 2019 - 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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  2. Arthur Schopenhauer: The World as Will and Presentation: Volume Ii.Arthur Schopenhauer - 2011 - Routledge.
  3. Arthur Schopenhauer: The World as Will and Presentation: Volume I.Arthur Schopenhauer - 2008 - Routledge.
  4. 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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  5. Schopenhauer.Julian Young - 2005 - 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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  6. 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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  7. 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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  8. 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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  9. Collaborative Research and Intellectual Property Rights.Darrell A. Posey, Graham Dutfield & Kristina Plenderleith - 1996 - In N. S. Cooper & R. C. J. Carling (eds.), Ecologists and Ethical Judgements. Springer Verlag. 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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  10. The Choice of Efficiencies and the Necessity of Politics.Michael Bennett - 2020 - Critical Review of International Social and Political Philosophy:1-20.
    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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  11. Extreme Poverty, Property Rights, and Moral Obligation.Asmat Ara Islam - 2014 - Jagannath University Journal of Arts 4.
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  12. 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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  13. 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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  14. 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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  15. 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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  16. 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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  17. A Problem of Self-Ownership for Reproductive Justice.Elizabeth Lanphier - 2021 - Cambridge Quarterly of Healthcare Ethics 30 (2):312-327.
    This paper raises three concerns regarding self-ownership rhetoric to describe autonomy within healthcare in general and reproductive justice in specific. First, private property and the notion of “ownership” embedded in “self-ownership,” rely on and replicate historical injustices related to the initial acquisition of property. Second, not all individuals are recognized as selves with equal access to self-ownership. Third, self-ownership only justifies negative liberties. To fully protect healthcare access and reproductive care in specific, we must also be able to make claims (...)
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  18. But Anyone Can Mix Their Labor: A Reply to Cheneval.Jakob Thrane Mainz - 2021 - Critical Review of International Social and Political Philosophy 24 (2):276-285.
  19. Cetacean Property: A Hegelish Account of Nonhuman Property.Connor K. Kianpour - 2020 - Politics and Animals 2 (6):23–36.
    First, I spell out the details of a Hegelish conception of property. To clarify what makes this account unique, I compare it to a labor-mixing conception of property that finds its origins in Locke. In doing so, I highlight strengths of a Hegelish account of property over its Lockean alternative. Then, I show how dolphins, consistent with a Hegelish account of property, are property owners of their oceanic habitats. Finally, I outline the strengths of a Hegelish account of property as (...)
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  20. Physical Approach to Possession and Use.Sergei Vasiljev - manuscript
    In this study, the starting point is the well-known physical laws applied to human social life. On the basis of natural laws human actions are considered and through the prism of physical laws such concepts as use and possession are defined. A parallel is drawn between such a representation of these concepts and those conflicting views that are available in the literature regarding the concept of property. To complete the definitions of use and possession nature is introduced as a fictitious (...)
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  21. Constellations of indigeneity: The power of definition.Claire Timperley - 2020 - Contemporary Political Theory 19 (1):38-60.
    Lack of attention to definitions of indigeneity is a problem in both political theory and practice. Defining indigeneity has at least two important consequences: it affects who has access to resources or rights reserved for Indigenous peoples; and it shapes the kinds of privileges and resources available to Indigenous peoples. In this article, I draw on Theodor Adorno’s concept of ‘nonidentity’ as a resource for exploring the power and limits of conceptions of indigeneity. I argue that recognizing the non-identical aspects (...)
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  22. Property Rights of Personal Data and the Financing of Pensions.Francis Cheneval - 2018 - Critical Review of International Social and Political Philosophy:1-23.
  23. Resource Rights: Expanding the Scope of Liberal Theories.Kim Angell - 2019 - Journal of Social Philosophy 50 (3):322-340.
  24. Three Types of Sufficientarian Libertarianism.Fabian Wendt - 2019 - Res Publica 25 (3):301-318.
    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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  25. Foundations of a Free Society: Reflections on Ayn Rand's Political Philosophy.Gregory Salmieri & Robert Mayhew - 2019 - Pittsburgh, PA, USA: University of Pittsburgh Press.
    Foundations of a Free Society brings together some of the most knowledgeable Ayn Rand scholars and proponents of her philosophy, as well as notable critics, putting them in conversation with other intellectuals who also see themselves as defenders of capitalism and individual liberty. United by the view that there is something importantly right—though perhaps also much wrong—in Rand’s political philosophy, contributors reflect on her views with the hope of furthering our understandings of what sort of society is best and why. (...)
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  26. A Tax Dead on Arrival: Classical Liberalism, Inheritance, and Social Mobility.Åsbjørn Melkevik - 2017 - Critical Review of International Social and Political Philosophy:1-21.
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  27. Must Politics Be War?: Restoring Our Trust in the Open Society.Kevin Vallier - 2017 - 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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  28. 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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  29. Discrimination and Disability.Sean Aas & David Wasserman - 2017 - In Kasper Lippert-Rasmussen (ed.), Routledge Handbook of the Ethics of Discrimination. New York: Routledge.
  30. Liberty, Property and Markets: A Critique of Libertarianism.Daniel Attas - 2005 - London, U.K.: Routledge.
    Libertarianism attempts to establish a set of property rights as a complete political morality, its argument proceeding from liberty tout court, as the unique foundational aspect of well being that grounds rights. In this book, Attas presents a sympathetic reconstruction of the libertarian argument and then brings to bear a critical evaluation leading to an ultimate rejection of libertarianism. Exposing the limitations of libertarianism and disclosing its errors, Attas argues that the rights which libertarians adopt with respect to persons, natural (...)
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  31. 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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  32. 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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  33. Book Review: Body Parts: Property Rights and the Ownership of Human Biological MaterialsGoldE. Richard, Body Parts: Property Bights and the Ownership of Human Biological Materials : 223 Pp., ISBN 0-87840-617-4 , $49.95. To Order Call 800-246-9606. [REVIEW]Lori B. Andrews & Dorothy Nelkin - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):210-212.
  34. Downward Mobility and Rawlsian Justice.Govind Persad - 2018 - 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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  35. Socialism Revised.John E. Roemer - 2017 - Philosophy and Public Affairs 45 (3):261-315.
  36. Reflections on The Right to Private Property.Tibor Machan - 2000 - Journal des Economistes Et des Etudes Humaines 10 (1):179-196.
    S’il n’existe qu’un seul problème intellectuel et culturel vraiment sérieux concernant le capitalisme, c’est celui du manque d’une défense morale soutenue et largement connue, pour ne pas dire acceptée, de l’institution des droits de propriété privée.Il n’y a pas de doute, dans le monde actuel, qu’une société dotée d’une infrastructure légale où cette institution fait défaut connaisse un grave désordre économique. Le fait de ne pas respecter et protéger légalement l’institution de la propriété privée — et ses corollaires, comme la (...)
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  37. 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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  38. 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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  39. 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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  40. 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.
  41. 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.
  42. The Reasonableness of John Locke's Majority: Property Rights, Consent, and Resistance in the Second Treatise.Jacqueline Stevens - 1996 - Political Theory 24 (3):423-463.
  43. A Political Theory of Territory.Caleb Yong - 2017 - Contemporary Political Theory 16 (2):293-298.
  44. Property and Homelessness.Christopher Essert - 2016 - Philosophy and Public Affairs 44 (4):266-295.
  45. Property Rights and the Right to the Fruits of One's Labor: A Note on Adam Smith's Jurisprudence 1.Amos Witztum - 2005 - Economics and Philosophy 21 (2):279-289.
    This paper provides further evidence to the argument that Smith' theory of justice did not follow the natural justice school and that subsequently the ethical position on acquiring private property is not independent of the effects which such acquisition may have on the property-less individuals. I will show that the justification for private ownership is based on “reasonable expectations” which owners of assets have with regard to the fruits of the asset. The expectation to subsist through the use of one's (...)
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  46. Undermining Property Rights: Coase and Becker.Gary North - 2002 - Journal of Libertarian Studies 16 (4):75-100.
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  47. Who Owns What? An Egalitarian Interpretation of John Rawls's Idea of a Property‐Owning Democracy.Thad Williamson - 2009 - Journal of Social Philosophy 40 (3):434-453.
  48. The Right to Private Property.Jeremy Waldron & Stephen A. Munzer - 1992 - Philosophy and Public Affairs 21 (2):196-206.
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  49. 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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  50. Neglected Property.Chris Pierson - 2007 - Political Theory 35 (3):348-353.
1 — 50 / 515