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Subcategories:History/traditions: Property Rights

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  1. 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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  2. 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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  3. 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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  4. 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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  5. 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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  6. 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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  7. Discrimination and Disability.Sean Aas & David Wasserman - 2017 - In Kasper Lippert-Rasmussen (ed.), Routledge Handbook of the Ethics of Discrimination. New York: Routledge.
  8. Liberty, Property and Markets: A Critique of Libertarianism.Daniel Attas - 2005 - London, U.K.: Routledge.
  9. 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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  10. 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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  11. 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.
  12. 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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  13. 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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  14. 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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  15. 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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  16. 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.
  17. 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.
  18. 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.
  19. 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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  20. Undermining Property Rights: Coase and Becker.Gary North - 2002 - Journal of Libertarian Studies 16 (4):75-100.
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  21. 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.
  22. 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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  23. Property Rights Theory and the Commons: The Case of Scientific Research: ROBERT P. MERGES.Robert P. Merges - 1996 - Social Philosophy and Policy 13 (2):145-167.
    For some time now, commentators in and out of the scientific community have been expressing concern over the direction of scientific research. Cogent critics have labeled it excessively commercial, out of touch with its “pure,” public-spirited roots, and generally too much a creature of its entrepreneurial, self-interested times. In most if not all of this hand-wringing, the scientific community's growing reliance on intellectual property rights, especially patents, looms large. Indeed, for many the pursuit of patents is emblematic of just what (...)
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  24. Taking Property Rights Seriously: The Case of Climate Change: Jonathan H. Adler.Jonathan H. Adler - 2009 - Social Philosophy and Policy 26 (2):296-316.
    The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called “free market environmentalism”, is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change is likely (...)
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  25. Who is the Invader? Alien Species, Property Rights, and the Police Power: Mark Sagoff.Mark Sagoff - 2009 - Social Philosophy and Policy 26 (2):26-52.
    This paper argues that the occurrence of a non-native species, such as purple loosestrife, on one's property does not constitute a nuisance in the context of background principles of common law. No one is injured by it. The control of non-native species, such as purple loosestrife, does not constitute a compelling public interest, moreover, but represents primarily the concern of an epistemic community of conservation biologists and ecologists. This paper describes a history of cases in agricultural law that establish that (...)
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  26. Embodiment and Self-Ownership: Daniel C. Russell.Daniel C. Russell - 2010 - Social Philosophy and Policy 27 (1):135-167.
    Many libertarians believe that self-ownership is a separate matter from ownership of extra-personal property. “No-proviso” libertarians hold that property ownership should be free of any “fair share” constraints, on the grounds that the inability of the very poor to control property leaves their self-ownership intact. By contrast, left-libertarians hold that while no one need compensate others for owning himself, still property owners must compensate others for owning extra-personal property. What would a “self” have to be for these claims to be (...)
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  27. The Dual Role of Property Rights in Protecting Broadcast Speech: THOMAS W. HAZLETT.Thomas W. Hazlett - 1998 - Social Philosophy and Policy 15 (2):176-208.
    The connection between property rights and free-speech rights has most often surfaced in conflicts between the two. In his classic formulation of the problem, journalist A. J. Liebling mocked the First Amendment's free-press clause by noting that ownership of a printing press was required in order to actually enjoy the constitutional protection. In an important case decided in 1980, Pruneyard Shopping Center v. Robins, the U.S. Supreme Court ruled that a group wishing to circulate political petitions at a shopping center (...)
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  28. Property Rights in Persons: RICHARD J. ARNESON.Richard J. Arneson - 1992 - Social Philosophy and Policy 9 (1):201-230.
    In contemporary market societies, the laws do not place individuals under enforceable obligations to aid others. Perhaps the most striking exception to this broad generalization is the practice of conscription of able-bodied males into military service, particularly in time of war. Another notable exception is the legal enforcement in some contemporary societies of “Good Samaritan” obligations — obligations to provide temporary aid to victims of emergencies, such as car accident victims. The obligation applies to those who are in the immediate (...)
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  29. Founding Liberalism, Progressive Liberalism, and the Rights of Property: Ronald J. Pestritto.Ronald J. Pestritto - 2011 - Social Philosophy and Policy 28 (2):56-73.
    This article contends that liberalism in America underwent a fundamental transformation during the Progressive Era. This transformation took place, partly, through the Progressives' reinterpretation of the doctrine of property rights that had served as a foundation for founding-era liberalism. Progressives rejected the eighteenth-century, natural-rights principles which had privileged individual rights to life, liberty, and property as the fundamental aims of any just government, and argued instead that America at the turn of the twentieth century was beset by a tyranny of (...)
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  30. Corrective Justice and Property Rights: JULES L. COLEMAN.Jules L. Coleman - 1994 - Social Philosophy and Policy 11 (2):124-138.
    Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...)
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  31. Property Rights, Innovation, and Constitutional Structure: JONATHAN R. MACEY.Jonathan R. Macey - 1994 - Social Philosophy and Policy 11 (2):181-208.
    The Industrial Revolution caused an expansion of our ideas of property to include other forms of wealth, such as innovations and productive techniques. And the modern age has caused a further expansion of our ideas of property to include inchoate items, particularly information. The Framers of the U.S. Constitution presumed that government not only took an expansive view of the nature of property rights, they also believed that such rights should be protected. To James Madison and the other Framers, property (...)
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  32. An Uneasy Case Against Property Rights in Body Parts*: STEPHEN R. MUNZER.Stephen R. Munzer - 1994 - Social Philosophy and Policy 11 (2):259-286.
    This essay deals with property rights in body parts that can be exchanged in a market. The inquiry arises in the following context. With some exceptions, the laws of many countries permit only the donation, not the sale, of body parts. Yet for some years there has existed a shortage of body parts for transplantation and other medical uses. It might then appear that if more sales were legally permitted, the supply of body parts would increase, because people would have (...)
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  33. Property Rights of Women in Classical Athens. [REVIEW]N. R. E. Fisher - 1981 - The Classical Review 31 (1):72-74.
  34. Who Owns America?: Social Conflict Over Property Rights. [REVIEW]Alan F. Zundel - 2000 - Environmental Ethics 22 (4):423-424.
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  35. Ellen Frankel Paul: Property Rights and Eminent Domain. [REVIEW]Mark Sagoff - 1989 - Environmental Ethics 11 (2):179-189.
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  36. From The Wright Brothers to Microsoft: Issues In The Moral Grounding of Intellectual Property Rights.David Lea - 2006 - Business Ethics Quarterly 16 (4):579-598.
    This paper considers the arguments that could support the proposition that intellectual property rights as applied to softwarehave a moral basis. Undeniably, ownership rights were first applied to chattels and land and so we begin by considering the moral basis of these rights. We then consider if these arguments make moral sense when they are extended to intellectual phenomenon. We identified two principal moral defenses: one based on utilitarian concerns relating to human welfare, the other appeals to issues of individual (...)
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  37. Property Rights, the Common Good and the State: The Catholic View of Market Economies.Robert F. Pecorella - 2008 - Journal of Catholic Social Thought 5 (2):235-284.
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  38. Preserving Common Rights Within Private Property: A Lockean Reconciliation.Murray Hofmans-Sheard - 2005 - Philosophy in the Contemporary World 12 (2):3-9.
    I develop an account of private property that preserves public participation and access. A focus on the initial state of common ownership, labour, and the proviso reveals that standard Lockean defences of property ignore important common interests. In consequence, property rights over environmentally significant goods must be less strong than full liberal rights, and I show how these will be designed.
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  39. 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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  40. 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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  41. 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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  42. 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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  43. 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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  44. 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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  45. 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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  46. 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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  47. 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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  48. 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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  49. 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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  50. 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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