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  1. Justice and property: on the institutional thesis concerning property.Christopher Bertram - manuscript
    The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in defining property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal human interests and (...)
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  2. Escape from Philosophy: a Rejoinder to the Thom Brooks Reply.J. C. Lester - manuscript
    The reply begins by stating that responses to reviews of EfL are “taking criticism of their philosophical claims as personal attacks” and resorting to “hysterical ad hominems”. On the contrary, the responses to around fourteen—often highly positive—reviews have welcomed all their criticisms and simply replied to them. None of these replies appear to commit the ad hominem (to the man) fallacy: that of addressing the qualities of a person as a way of attempting to undermine or defend an argument or (...)
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  3. Space War and Property Rights.Stephen Kershnar - 2023 - International Journal of Applied Philosophy 37 (1):65-85.
    Space warfare is warfare that takes place in outer space. It involves ground-to-space, space-to-ground, and space-to-space violence between nations or peoples. The violence can involve kinetic weapons, directed energy weapons, or electronic destruction. International law, specifically, the Outer Space Treaty and SALT I, currently bans weapons of mass destruction from being put into space, although one wonders if one country were to violate the ban whether others would follow suit. In this paper, I argue that that if there is a (...)
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  4. Ownership and convention.Shaun Nichols & John Thrasher - 2023 - Cognition 237 (C):105454.
    The basis of property rights is a central problem in political philosophy. The core philosophical dispute concerns whether property rights are natural facts, independent of human conventions. In this article, we examine adult judgments on this issue. We find evidence that familiar property norms regarding external objects (e.g., fish and strawberries) are treated as conventional on standard measures of authority dependence and context relativism. Previous work on the moral/conventional distinction indicates that people treat property rights as moral rather than conventional (...)
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  5. Freedom to Roam.Matthias Brinkmann - 2022 - Journal of Ethics and Social Philosophy 21 (2):209-233.
    Some European countries legally recognise a “right to roam”—a right to freely traverse across land, even if privately owned. Political philosophers have paid little attention to the right, and have often conceptualised property rights to include strong claim-rights to exclude others. I offer an account of the right to roam, and consider whether it can be philosophically justified on a left-liberal account of property. After finding a defence in terms of the interests served by the right lacking, I suggest that (...)
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  6. Immigration and Collective Property.Stephen Kershnar - 2022 - Analítica 2:12-41.
    The notion that immigrants have a right to immigrate to the U.S. appears to conflict with the government’s or citizens’ property rights. Michael Huemer has given one of the most interesting and provocative arguments on immigration in years. It turns the dominant view on its head. Unfortunately, the argument fails. U.S. citizens own land, individually, collectively, and via their government. For immigrants to gain a right to enter on it, Huemer must think that the landowners have lost their rights to (...)
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  7. As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.
    The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...)
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  8. Property, the environment, and the Lockean Proviso.Bas van der Vossen - 2021 - Economics and Philosophy 37 (3):395 - 412.
    It is common to posit a clear opposition between the values served by property systems and the value of the environment. To give the environment its due, this view holds, the role of private property needs to be limited. Support for this has been said to be found in Locke’s famous ‘enough and as good’ proviso. This article shows that this opposition is mistaken, and corrects the implied reading of Locke’s proviso. In reality, there is no opposition between property and (...)
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  9. Property Rights with Respect to Modern Money: A Libertarian Justification.Lennart B. Ackermans - 2020 - Journal of Social Ontology 6 (2):315-349.
    The traditional Lockean justification of property rights has been argued to be no longer valid in a world in which much wealth does not derive from acquisitions of natural resources, and in which much property, such as money, is intangible. This means that libertarians need to reconsider whether and why property rights are justified for objects that fall outside of the scope of the Lockean justification. This paper gives a justification of property rights in relation to modern money, which uses (...)
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  10. Freedom, Indeterminism, and Fallibilism.Danny Frederick - 2020 - Cham, Switzerland: Palgrave Macmillan.
    This book uses the concepts of freedom, indeterminism, and fallibilism to solve, in a unified way, problems of free will, knowledge, reasoning, rationality, personhood, ethics and politics. Presenting an overarching theory of human freedom, Frederick argues for an account of free will as the capacity for undetermined acts. Knowledge, rationality, and reasoning, both theoretical and practical, as well as personhood, morality and political authority, are all shown to be dependent at their roots on indeterminism and fallibility, and to be connected (...)
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  11. The Necessity of Communist Morality.Taylor R. Genovese - 2020 - Peace, Land, and Bread 1 (3):19-36.
    The utterance of morals or morality within a communist space is one that may, in the best of cases, raise a few eyebrows or, in the worst of cases, summon calls for condemnation or accusations of being unscientific. The subject of communist morality is one that is often ignored within the broader revolutionary left, while at the same time—especially within our current insurrectionary moment—beckons to be engaged with. As the hydra of neoliberalism begins its inevitable collapse, throwing capitalism once more (...)
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  12. First Occupancy and Territorial Rights.M. Blake Wilson - 2020 - Global Encyclopedia of Territorial Rights.
  13. Autonomy of Nations and Indigenous Peoples and the Environmental Release of Genetically Engineered Animals with Gene Drives.Zahra Meghani - 2019 - Global Policy 10 (4):554-568.
    This article contends that the environmental release of genetically engineered (GE) animals with heritable traits that are patented will present a challenge to the efforts of nations and indigenous peoples to engage in self‐determination. The environmental release of such animals has been proposed on the grounds that they could function as public health tools or as solutions to the problem of agricultural insect pests. This article brings into focus two political‐economic‐legal problems that would arise with the environmental release of such (...)
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  14. Property and economic planning in Fichte's contractualism.Michael Nance - 2019 - European Journal of Philosophy 27 (3):643-660.
    My paper reconstructs Fichte's property theory and political economy in Foundations of Natural Right and The Closed Commercial State. Fichte's theory of property requires the rejection of the classical liberal theory of property rights. Fichte's alternative theory of property, in conjunction with his republican account of the state's role in guaranteeing individual rights, further requires the rejection of a market economy in favor of a planned economy. For Fichte's view entails the normative necessity of a political economy in which the (...)
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  15. Is the Institution of Private Property Part of the Natural Law? Ius gentium and ius naturale in Aquinas’s Account of the Right to “Steal” When in Urgent Need.Francis Feingold - 2018 - Proceedings of the American Catholic Philosophical Association 92:189-210.
    Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon (...)
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  16. Who owns it? Three arguments for land claims in Latin America.Christian Barry & Gerhard Øverland - 2017 - Revista de Ciencia Politica 37 (3):713-736.
    Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of (...)
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  17. Noncombatant Immunity and War-Profiteering.Saba Bazargan-Forward - 2017 - In Seth Lazar & Helen Frowe (eds.), The Oxford Handbook of the Ethics of War. Oxford University Press.
    The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be (...)
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  18. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...)
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  19. Leif Wenar, Blood Oil[REVIEW]David Wiens - 2017 - Ethics 127 (3):813-817.
  20. Review Article: The environmental turn in territorial rights. [REVIEW]Alejandra Mancilla - 2016 - Critical Review of International Social and Political Philosophy 19 (2):221-241.
    Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – (...)
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  21. Nonhuman animals and sovereignty: On Zoopolis, failed states and institutional relationships with free-living animals.Josh Milburn - 2016 - In Gabriel Garmendia da Trindade & Andrew Woodhall (eds.), Intervention or Protest: Acting for Nonhuman Animals. Wilmington, Delaware, USA: Vernon Press. pp. 183-212.
    When considering the possibility of intervening in nature to aid suffering nonhuman animals, we can ask about moral philosophy, which concerns the actions of individuals, or about political philosophy, which concerns the apparatus of the state. My focus in this paper is on the latter, and, in particular, the proposal from Sue Donaldson and Will Kymlicka that nonhuman animals should be offered sovereignty rights over their territories. Such rights, among other things, seriously limit the occasions on which we might intervene (...)
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  22. (1 other version)A Kantian Argument against World Poverty.Merten Reglitz - 2016 - European Journal of Political Theory 18 (4): 489–507.
    Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...)
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  23. Agrobiodiversität, das Gemeinschaftserbe-Prinzip und Marktanreize.Cristian Timmermann & Zoë Robaey - 2016 - In Stephan Schleissing & Barbara Brandl (eds.), Biopatente: Saatgut Als Ware Und Als Öffentliches Gut. Nomos. pp. 109-131.
    Die Diversität von Nahrungspflanzen, ein Ergebnis Jahrtausende langer Zuchtbemühungen, ist in den letzten Jahrzehnten dramatisch zurückgegangen. Schätzungen zufolge machen von den über 7000 Nahrungspflanzenarten ganze 103 Sorten 90% der Nahrungsmittelproduktion aus. Dieser Verlust könnte in Zukunft gewaltige negative Auswirkungen auf die Nahrungsmittelsicherheit haben, da die Biodiversität eine zentrale Rolle bei der Absorbierung biotischer und abiotischer Stressfaktoren spielt, die auf die Pflanzen wirken. Darüber hinaus stellt der Verlust eine bedeutende Verarmung nicht nur des Pools genetischer Ressourcen dar, die zukünftigen Generationen zur (...)
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  24. Agrobiodiversity Under Different Property Regimes.Cristian Timmermann & Zoë Robaey - 2016 - Journal of Agricultural and Environmental Ethics 29 (2):285-303.
    Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...)
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  25. Non-Combatant Immunity and War-Profiteering.Saba Bazargan - 2015 - In Seth Lazar & Helen Frowe (eds.), The Oxford Handbook of Ethics of War. Oxford University Press.
    The principle of noncombatant immunity prohibits warring parties from intentionally targeting noncombatants. I explicate the moral version of this view and its criticisms by reductive individualists; they argue that certain civilians on the unjust side are morally liable to be lethally targeted to forestall substantial contributions to that war. I then argue that reductivists are mistaken in thinking that causally contributing to an unjust war is a necessary condition for moral liability. Certain noncontributing civilians—notably, war-profiteers—can be morally liable to be (...)
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  26. Reply to Mark Friedman.Danny Frederick - 2015 - Reason Papers 37 (1):85-87.
    I reply to Mark Friedman's response to my review of his book, 'Nozick's Libertarian Project.' I restate what I take to be the key mistakes in Friedman’s arguments for individual rights and the minimal state. I outline the explanation of the right to freedom in terms of the human capacity for critical rationality, and the explanation of the poliitcial authority of the state in rule-consequentialist terms which do not appeal to consent.
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  27. Animal Property Rights: A Theory of Habitat Rights for Wild Animals.John Hadley - 2015 - Lanham: Lexington Books.
    This book presents a theory of habitat rights for wild animals, positioning animal property rights within the existing institution of property and discussing the practical implications of giving property rights to animals.
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  28. The Double Nature of DNA: Reevaluating the Common Heritage Idea.Matthieu Queloz - 2015 - Journal of Political Philosophy 24 (1):47-66.
    DNA possesses a double nature: it is both an analog chemical compound and a digital carrier of information. By distinguishing these two aspects, this paper aims to reevaluate the legally and politically influential idea that the human genome forms part of the common heritage of mankind, an idea which is thought to conflict with the practice of patenting DNA. The paper explores the lines of reasoning that lead to the common heritage idea, articulates and motivates what emerges as the most (...)
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  29. Matthew Hale, Of the Law of Nature.David S. Sytsma (ed.) - 2015 - Grand Rapids, MI, USA: CLP Academic.
    This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between law (...)
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  30. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  31. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  32. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  33. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  34. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  35. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  36. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  37. (7 other versions)Specters and possession of neoliberal democracy: Contemporary critical political philosophies and the legacy of C.B. Macpherson.Mariusz Turowski - 2015 - In A. K. Çüçen & M. Becermen (eds.), Gelenek, Demokrasi ve Felsefe /Tradition, Democracy, and Philosophy. Uludağ Üniversitesi. pp. 318-326.
    The paper is a part of the project of retrieving C.B. Macpherson’s thesis of possessive individualism and his contribution to investigations about democratic theory and the “Western political ontology” valuable especially in today’s context of expansion, crisis and – arguably – subsequent, experienced today, revival of the project of “neoliberal democracy”. The aim of my paper is to present theory of possessive individualism as the missing center of critical theory of democracy. The task is conducted through a brief reconstruction of (...)
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  38. Natural resources and government responsiveness.David Wiens - 2015 - Politics, Philosophy and Economics 14 (1):84-105.
    Pogge and Wenar have recently argued that we are responsible for the persistence of the so-called ‘resource curse’. But their analyses are limited in important ways. I trace these limitations to their undue focus on the ways in which the international rules governing resource transactions undermine government accountability. To overcome the shortcomings of Pogge’s and Wenar’s analyses, I propose a normative framework organized around the social value of government responsiveness and discuss the implications of adopting this framework for future normative (...)
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  39. Download this Essay: A Defence of Stealing ebooks.Andrew T. Forcehimes - 2013 - Think 12 (34):109-115.
    In this essay, I argue, on the one hand, if we think egalitarian considerations justify libraries, we should think that these same egalitarian considerations justify stealing books online. If, on the other hand, we think that economic incentives justify a prohibition against stealing books online, we should think those same economic considerations justify a prohibition against libraries.
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  40. Human reproductive interests: Puzzles at the periphery of the property paradigm.Donald C. Hubin - 2012 - Social Philosophy and Policy 29 (1):106-125.
    Research Articles Donald C. Hubin, Social Philosophy and Policy, FirstView Article.
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  41. La justification des droits juridictionnels.Daniel Kofman - 2012 - Philosophiques 39 (2):379-392.
    Daniel Kofman | : La littérature philosophique récente concernant les droits juridictionnels suppose qu’on puisse les justifier par une « théorie des droits territoriaux », sans faire appel à une théorie de l’autodétermination. Or les principes d’autodétermination des peuples devraient déterminer les principes des frontières juridictionnelles, et non le contraire. Les « droits territoriaux » sont essentiellement des droits de gouvernance, lesquels découlent eux-mêmes des principes d’autodétermination. Pour défendre ces thèses, je critique les arguments de Brilmayer, Simmons, et Stilz. | (...)
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  42. Samuel Pufendorf and the Right of Necessity.Alejandra Mancilla - 2012 - Aporia 3:47-64.
    From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, founded (...)
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  43. (2 other versions)A Lockean Defense of Grandfathering Emission Rights.Luc Bovens - 2011 - In Denis G. Arnold (ed.), The Ethics of Global Climate Change. Cambridge University Press. pp. 124-144.
    I investigate whether any plausible moral arguments can be made for ‘grandfathering’ emission rights (that is, for setting emission targets for developed countries in line with their present or past emission levels) on the basis of a Lockean theory of property rights.
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  44. Two concepts of property: Ownership of things and property in activities.Hugh Breakey - 2011 - Philosophical Forum 42 (3):239-265.
    I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing problem cases arising (...)
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  45. Property, Persons, Boundaries: The Argument from Other-Ownership.Hugh Breakey - 2011 - Social Theory and Practice 37 (2):189-210.
    A question of interpersonal sovereignty dating back to the early modern era has resurfaced in contemporary political philosophy: viz. Should one individual have, prior to any consent, property rights in another person? Libertarians answer that they should not – and that this commitment requires us to reject all positive duties. Liberal-egalitarians largely agree with the libertarian’s answer to the question, but deny the corollary they draw from it, arguing instead that egalitarian regimes do not require other-ownership. Drawing on recent property (...)
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  46. A bundle of software rights and duties.David M. Douglas - 2011 - Ethics and Information Technology 13 (3):185-197.
    Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software rights and duties that is inspired by (...)
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  47. The Social Disutility of Software Ownership.David M. Douglas - 2011 - Science and Engineering Ethics 17 (3):485-502.
    Software ownership allows the owner to restrict the distribution of software and to prevent others from reading the software’s source code and building upon it. However, free software is released to users under software licenses that give them the right to read the source code, modify it, reuse it, and distribute the software to others. Proponents of free software such as Richard M. Stallman and Eben Moglen argue that the social disutility of software ownership is a sufficient justification for prohibiting (...)
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  48. The Metaphysics of Locke's Labour View.Peter Martin Jaworski - 2011 - Locke Studies 11:73-106.
    This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...)
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  49. Disputing the Human Rights Discourse on Property: The Case of Development and Vulnerability in India.Deepa Kansra - 2011 - Indian Law Review 1 (3):129-146.
    Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...)
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  50. A Plea for Public Property.Roderick T. Long - 2011 - In Gary Chartier & Charles W. Johnson Iii (eds.), Markets Not Capitalism: Individualist Anarchism Against Bosses, Inequality, Corporate Power, and Structural Poverty. New York, NY, USA: Minor Compositions-Autonomedia. pp. 157-168.
    Libertarians often assume that a free society will be one in which all (or nearly all) property is private. I have previously expressed my dissent from this consensus, arguing that libertarian principles instead support a substantial role for public property. (" In Defense of Public Space ," Formulations, Vol. III, No. 3 (Spring 1996).) In this article I develop this heretical position further.
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