This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be (...) at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one's person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice. (shrink)

Written by a contemporary of Marx and one of the most influential subversive critics of modern European society, this work (1840) has become a classic of political thought through its critique of private property as the essential institution of Western culture as well as the root of its problems.

This article offers a preliminary critical-historical reconstruction of the concept of dispossession. Part I examines its role in eighteenth- and nineteenth- century struggles against European feudal land tenure. Drawing upon Marx’s critique of French anarchism in particular, I identify a persistent limitation at the heart of the concept. Since dispossession presupposes prior possession, recourse to it appears conservative and tends to reinforce the very proprietary and commoditized models of social relations that radical critics generally seek to undermine. Part II turns (...) to use of the term in Indigenous struggles against colonization, both in order to better grasp the stakes of the above problematic and suggest a way beyond it. Through a reconstruction of arguments by Indigenous scholars and activists, I seek to show the coherence and novelty of their formulation by suggesting that dispossession has come to name a unique historical process, one in which property is generated under conditions that require divestment and alienation from those who appear, only retroactively, as its original owners. In this way, theft and property are related in a recursive, rather than strictly unilinear, manner. Part III provides a specific historical example in the form of nineteenth-century US property law concerning squatters and homesteaders. (shrink)

In recent decades, advances in information technology have given rise to a post-industrial society in which emphasis on the manufacture of material goods has been supplanted by the creation of intellectual property. Indeed, this new “knowledge economy” can be tracked by the exponential growth in patented products across a range of sectors since the 1980s. According to the United States Patent and Trademark Office, the number of annual patent applications submitted grew from 112,379 to 520,277 over the past three (...) decades, a 464% increase.The transformation in the industrial markets has been accompanied by the rise of a new, global institution for coordinating intellectual property rights : the World Trade Organization. (shrink)

Following Wesley Hohfeld's pioneering analyses, which demonstrated that the concept of ownership conflated a variety of distinct legal relations, a deflationary regarding those relations as essentially unconnected held sway for much of the subsequent century. In recent decades, this theory has been thought too diffuse; it seems counterintuitive to insist, for instance, that rights of possession and alienation over a property are associated only contingently. Accordingly, scholars such as James Penner and James Harris have advanced theories that revive the (...) concept of ownership, identifying some instances of property as and regarding others as conceptually subsidiary. I propose a new interpretation of the bundle theory, based on David Lewis's idea of among physical particles. I critically examine the major antibundle positions, arguing that their criticisms result from confusion about the claims of the bundle theory, which remains the best account of property rights available. (shrink)

According to the experience property framework qualia are properties of experiences the subject undergoing the experience is aware of. A phenomenological argument against this framework is developed and a few mistakes invited by the framework are described. An alternative to the framework, the framework of experiential properties is presented and defended as preferable. It is argued that the choice between these two frameworks makes a substantial difference for theoretical purposes.

A constructive proof is provided for the claim that classical first-order logic admits of a natural deduction formulation featuring the subformula property.

Recently Lafont [6] showed the finite model property for the multiplicative additive fragment of linear logic and for affine logic, i.e., linear logic with weakening. In this paper, we shall prove the finite model property for intuitionistic versions of those, i.e. intuitionistic MALL, and intuitionistic LLW. In addition, we shall show the finite model property for contractive linear logic, i.e., linear logic with contraction, and for its intuitionistic version. The finite model property for related substructural logics (...) also follow by our method. In particular, we shall show that the property holds for all of FL and GL$^-$-systems except FL$_c$ and GL$^-_c$ of Ono [11], that will settle the open problems stated in Ono [12]. (shrink)

Suppose libertarians could prove that durable, unqualified private property rights could be created through 'original acquisition' of unowned resources in a state of nature. Such a proof would cast serious doubt on the legitimacy of the modern state. It could also render the approach to property rights that I favour irrelevant. I argue here that none of the familiar Lockean-libertarian arguments for a strong natural right to acquisition succeed, and that any successful argument for grounding a right to (...) acquire would have to use my favoured approach to property rights - the 'vector-sum' approach. I conclude with some doubts about original acquisition theory and natural property rights. (shrink)

This book explores ancient 'foundational' texts relating to property and their reception by later thinkers in their various contexts up to the early nineteenth century. The texts include Plato's vision of an ideal polity in the Republic, Jesus' teachings on renunciation and poverty, and Golden Age narratives and other evolutionary accounts of the transition of mankind from primeval communality to regimes of ownership. The issue of the legitimacy of private ownership exercises the minds of the major political thinkers as (...) well as theologians and jurists throughout the ages. The book gives full consideration to the historical development of Rights Theory, with special reference to the right to property. It ends with a comparative study of the Declarations of Rights in the American and French Revolutions and seeks to explain, with reference to contemporary documents, why the French recognised an inalienable, human right to property whereas the Americans did not. (shrink)

This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim (...) to previously commonly held natural resources; and third, a negative requirement that other individuals’ crucial interests are not harmed by such an appropriation. For each of these, the difficulties involved in applying that part of the theory to the sphere of ideas are discussed, and a central aspect of intellectual property that raises the problems of application is highlighted. (shrink)

ABSTRACT Two rival approaches to property rights dominate contemporary political philosophy: Lockean natural rights and egalitarian theories of distributive justice. This article defends a third approach, which can be traced to the work of David Hume. Unlike Lockean rights, Humean property rights are not grounded in pre-institutional moral entitlements. In contrast to the egalitarian approach, which begins with highly abstract principles of distributive justice, Humean theory starts with simple property conventions and shows how more complex institutions can (...) be justified against a background of settled property rights. Property rights allow people to coordinate their use of scarce resources. For property rules to serve this function effectively, certain questions must be considered settled. Treating existing property entitlements as having prima facie validity facilitates cooperation between people who disagree about distributive justice. Lockean and egalitarian theories endorse moral claims that threaten to unsettle property conventions and undermine social cooperation. (shrink)

In this article I argue that, despite the views of such theorists as Locke, Hart and Raz, most of a person's property rights cannot be individualistically justified. Instead most property rights, if justified at all, must be justified on non-individualistic (e.g. consequentialist) grounds. This, I suggest, implies that most property rights cannot be morally fundamental ‘human rights’.

W.V.O. Quine has famously objected that (1) properties are philosophically suspect because (2) there is no entity without identity and (3) the synonymy criterion for property identity won't do because there's no such concept as synonymy. (2) and (3) may or may not be right but do not prove (1). I reply that Leiniz's Law handles property identity, as it does for everything else, then respond to a variety of objections and confusions.

We show that there is a purely proof-theoretic proof of the Rasiowa–Harrop disjunction property for the full intuitionistic propositional calculus ), via natural deduction, in which commuting conversions are not needed. Such proof is based on a sound and faithful embedding of \ into an atomic polymorphic system. This result strengthens a homologous result for the disjunction property of \ and answers a question then posed by Pierluigi Minari.

This paper provides an entrance into central discussions regarding Kant’s account of property. The first section shows how Kant engages and transforms important, related proposals from Hobbes and Locke as well as how the ‘libertarian’ and ‘liberal republican’ interpretive traditions differ in their readings on these points. Since Kantian theories for a long time didn’t focus on Kant’s Doctrine of Right but instead followed Rawls’s lead by developing Kantian theories grounded on Kant’s (meta-) ethical writings, the second section focuses (...) on property discussions found in the Rawlsian tradition. The final section shows how important contemporary work in the Kantian tradition goes beyond Rawlsian, libertarian, and liberal republican concerns of distributive justice among free and equal citizens, to include questions central to, for example, the philosophy of care, feminist philosophy, philosophy of race, philosophy of sex and love, and environmental philosophy. (shrink)

Relatively little has been written on the connection between property and emotions from a legal perspective, despite the centrality of property in everyday life and the complex relationships that exist between owners and their property. Scholars working in other disciplines have analyzed these links, identifying “proprietary” emotions and corresponding emotional traits. However, little has been mapped onto the field of law. This article looks at key emotions surrounding property as identified in psychological and, to a lesser (...) extent, sociological literature. After mapping these onto selected areas of property law, it posits the need for a deeper and more collective field of inquiry. (shrink)

Philosophical defenses of property regimes can be classified as supporting either a conservative politics of property rights—the political protection of existing property titles—or a radical politics of direct political intervention to redistribute property titles. Traditionally, historical considerations were used to legitimize conservative property‐rights politics, while consequentialist arguments led to radical politics. Recently, however, the philosophical legitimations have changed places. Conservatives now point to the beneficial economic consequences of something like the current private‐property regime, while (...) radicals justify political redistribution as restitution for historical misappropriations. This shift can be explained by such factors as the failure of state‐directed redistributions of property during the twentieth century to benefit the poor. But there are limitations to the usefulness of historical arguments for radicals, and of consequentialist arguments for conservatives: namely, the undeserving poor and the idle rich, respectively. (shrink)

In this paper I investigate the claim that truth is a relational property. What does this claim really mean? What is its import?—Is it a basic feature of the concept of truth; or a distinctive feature of the correspondence theory of truth; or even both? After introducing some general ideas about truth, I begin by highlighting an ambiguity in current uses of the term ‘relational property’ in the truth debate, and show that we need to distinguish two separate (...) ideas: that truth is a relational property, and that truth is an extrinsic property. I go on to examine what both of these ideas are in more detail, and consider what would need to hold for truth to be in either of these categories. I then discern where all the main competitors in the truth debate stand on these issues. In doing so we learn more about these views and what they entail, and build a general picture of what stances different theories of truth take on whether truth is extrinsic or relational. Moreover, in doing this we will be able to answer one of the questions with which we began: whether truth’s being extrinsic or relational is something that, if accepted, lends support to the correspondence theory of truth. We will see that this is not so, and discern some interesting variations between various theories of truth on the issues of whether truth is extrinsic or relational. Following this we will be in a better position to judge whether the notions of extrinsicality or relationality are basic features of the concept of truth. In the final part of the paper I argue that, even if we are not in a position to conclude that they are basic features, they are features that any prospective theory of truth needs to take seriously. (shrink)

This paper considers a formalisation of classical logic using general introduction rules and general elimination rules. It proposes a definition of ‘maximal formula’, ‘segment’ and ‘maximal segment’ suitable to the system, and gives reduction procedures for them. It is then shown that deductions in the system convert into normal form, i.e. deductions that contain neither maximal formulas nor maximal segments, and that deductions in normal form satisfy the subformula property. Tarski’s Rule is treated as a general introduction rule for (...) implication. The general introduction rule for negation has a similar form. Maximal formulas with implication or negation as main operator require reduction procedures of a more intricate kind not present in normalisation for intuitionist logic. (shrink)

Physicalists about the mind are committed to claims about property identities. Following Kripke's well-known discussion, modal arguments have emerged as major threats to such claims. This paper argues that modal arguments can be resisted by adopting a counterpart theoretic account of modal claims, and in particular modal claims involving properties. Thus physicalists have a powerful motive to adopt non-Kripkean accounts of the metaphysics of modality and the semantics of modal expressions.

In this paper, we study the notions related to tree property 1 , or, equivalently, SOP2. Among others, we supply a type-counting criterion for TP1 and show the equivalence of TP1 and k- TP1. Then we introduce the notions of weak k- TP1 for k≥2, and also supply type-counting criteria for those. We do not know whether weak k- TP1 implies TP1, but at least we prove that each weak k- TP1 implies SOP1. Our generalization of the tree-indiscernibility results (...) in Džamonja and Shelah [5] is crucially used throughout the paper. (shrink)

In Justice as Fairness, Rawls presents a case for property-owning democracy (POD) which heavily depends on a favourable comparison with welfare state capitalism (WSC). He argues that WSC, but not POD, fails to realise ‘all the main political values expressed by the two principles of justice’. This article argues that Rawls’s case for POD is incomplete. He does not show that POD is superior to other conceivable forms of WSC. In order to present a serious contender, I sketch what (...) I call a realistically utopian welfare state (RUWS) that (a) guarantees the fair equality of political liberties and opportunity and that (b) maximises the situation of the worst.-off via a kind of participation income. The main aim of the article is to give credibility to the claim that RUWS is not obviously worse than POD by Rawlsian standards and therefore deserves a fair hearing in further research. (shrink)

The cluster of concerns usually identified asmatters of privacy can be adequately accountedfor by unpacking our natural rights to life,liberty, and property. Privacy as derived fromfundamental natural rights to life, liberty,and property encompasses the advantages of thecontrol and restricted access theories withouttheir attendant difficulties.