The first book-length study of property-owning democracy, Republic of Equals, argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. It shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally (...) impossible. The result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare-state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the “New Inequality” of the twenty-first century. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit, and John Tomasi but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

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)

Property rights are the rules governing ownership in society. This Element offers an analytical framework to understand the origins and consequences of property rights. It conceptualizes of the political economy of property rights as a concern with the follow questions: What explains the origins of economic and legal property rights? What are the consequences of different property rights institutions for wealth creation, conservation, and political order? Why do property institutions change? Why do legal reforms (...) relating to property rights such as land redistribution and legal titling improve livelihoods in some contexts but not others? In analyzing property rights, the authors emphasize the complementarity of insights from a diversity of disciplinary perspectives, including Austrian economics, public choice, and institutional economics, including the Bloomington School of institutional analysis and political economy. (shrink)

The paper reviews the empirical evidence for highly significant variation across perceivers in hue perception and argues that color physicalism cannot accommodate this variability. Two views that can accommodate the individual differences in hue perception are considered: the self-locating property theory, according to which colors are self-locating properties, and color relationalism, according to which colors are relations to perceivers and viewing conditions. It is subsequently argued that on a plausible rendition of the two views, the self-locating theory has a (...) slight advantage over color relationalism in being truer to the phenomenology of our color experiences. (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)

Journal of Mathematical Logic, Volume 22, Issue 02, August 2022. We generically construct a model in which the [math]-separation property is true, i.e. every pair of disjoint [math]-sets can be separated by a [math]-definable set. This answers an old question from the problem list “Surrealist landscape with figures” by A. Mathias from 1968. We also construct a model in which the (lightface) [math]-separation property is true.

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.

forthcoming in Philosophy & Public Affairs [2008].

I argue that the freedom which is to coexist with the freedom of choice of others in accordance with a universal law mentioned in Kant's Rechtslehre is not itself freedom of choice. Rather, it is the independence which is a condition of being able to exercise genuine free choice by not having to act in accordance with the choices of others. Kant's distinction between active and passive citizenship appears, however, to undermine this idea of independence, because the possession of a (...) certain type of property right on the part of some citizens makes it possible for them to dominate others. Kant's account of property in this way turns out to be central to the question as to whether his Rechtslehre represents an internally consistent account of how freedom can be guaranteed within a legal and political community. I go on to argue that Kant's attempt to justify a pre-political right of property cannot be viewed as a successful justification of private property, and that he should have abandoned the notion of su... (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It (...) examines the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and (...) the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study. (shrink)

One theme in complaints from those with marginalized social identities is that they are seen primarily in terms of that identity. Some Black artists, for instance, complain about being seen as Black first and artists second. These individuals can be understood as objecting to a particularly subtle form of morally problematic attention: “relative attentional surplus on the wrong property.” This attentional surplus can coexist with another type of common problematic attention affecting these groups, including attentional deficits; marginalized individuals and (...) groups themselves are routinely insufficiently attended to in virtue of the surplus attention given to their social identity properties. (shrink)

In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and ScientificAmerican, was subject to criticism for its requirement that contributing authors waive their moral rights in relation to their published articles. Some of the rights included under the umbrella term ‘moral rights’ are the right to have any copies of one’s work reproduced accurately and without alteration; the right to the accurate attribution of one’s work under one’s own name; and the right not (...) to have the work of others falsely attributed to oneself. The Nature Publishing case, from the criticism it sparked to the group’s own response, highlights a category error that occurs when moral rights are conceived of as property rights. Rather, moral rights are natural, non-proprietary rights. In correcting this category error it becomes evident that moral rights offences are not property offences, such as theft, but fraud offences—like plagiarism and forgery. Subsequently, whereas property rights, by definition, are able to be transferred or waived, it can be shown that no justification can be made for treating moral rights as transferrable or able to be waived. (shrink)

The implicit activities of the living body in sports (such as heart rate, involuntary gestures, stress, reflex, emotional regulation and interaction expressions) emerge in the consciousness of the lived body without our voluntary control. We demonstrate physiological emersion, and how, including in dramaturgical perception, physiological flows and processes collide with the image of a whole body. In this paper, we introduce corporeal non-property as the missing (?) link between phenomenology and neuroscience, renewed by research on the cerebral unconscious and (...) the perception of their lived body. Rather than mindfulness, physical activity obliges the subject to learn the unconscious and his motor skills from his living body: a new psychoanalysis of sport is thus established by studying what emerges from the activity of the living body up to the level of the conscious description of motor action. In this paper, we explain why that awareness occurs, and why it matters for the understanding of unconscious activity of the athlete’s living body. This is potentially interesting, although it needs, as a theory, to overcome the obvious reliance of the body on unconscious or habitual/automated physiological processes. But the incorporation of body techniques forms a habitus. (shrink)

The many-property problem has traditionally been taken to show that the adverbial theory of perception is untenable. This paper first shows that several widely accepted views concerning the nature of perception---including both representational and non-representational views---likewise face the many-property problem. It then presents a solution to the many-property problem for these views, but goes on to show how this solution can be adapted to provide a novel, fully compositional solution to the many-property problem for adverbialism. Thus, (...) with respect to the many-property problem, adverbialism and several widely accepted views in the philosophy of perception are on a par, and the problem is solved. (shrink)

This chapter contains sections titled: Contractualist Justification and Private Property Three Models of Welfare Rights The Proposals as Reasonable Alternatives Objections Conclusion References.

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’.

This paper is about the relation between two metaphysical topics: the nature of properties, and way the instantiation of a property is sometimes “realized in” something more fundamental. It is partly an attempt to develop further, but also to correct, my earlier treatments of these topics. In my published work on realization, including my book Physical Realization, I was at pains to insist that acceptance of my view about this does not commit one to the causal theory of properties (...) I have defended in several places. I held that it commits one to the claim that within any given world, properties with the same causal profile are identical, but not to the requirement that a property must have the same causal profile in any world in which it can be instantiated. I now think that this was a mistake. There is an argument from the account of realization I have offered to the conclusion that, if physicalism is true, properties of macroscopic objects have their causal profiles essentially. In what follows I will present that argument.Along the way I will correct what now seem to me mistakes in my earlier presentationsof the account of realization. And I will conclude with an additional argument for the causal theory of properties, one that does not tie it to the assumption that physicalism is true or to my account of realization. (shrink)

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)

We present numerous natural algebraic examples without the so-called Canonical Base Property (CBP). We prove that every commutative unitary ring of finite Morley rank without finite-index proper ideals satisfies the CBP if and only if it is a field, a ring of positive characteristic or a finite direct product of these. In addition, we construct a CM-trivial commutative local ring with a finite residue field without the CBP. Furthermore, we also show that finite-dimensional non-associative algebras over an algebraically closed (...) field of characteristic [Formula: see text] give rise to triangular rings without the CBP. This also applies to Baudisch’s [Formula: see text]-step nilpotent Lie algebras, which yields the existence of a [Formula: see text]-step nilpotent group of finite Morley rank whose theory, in the pure language of groups, is CM-trivial and does not satisfy the CBP. (shrink)

The scale is the most famous emblem of the law, including intellectual property (IP). Because IP rights impose social costs on the public by limiting access to protected work, the law can be justified only to the extent that, on balance, it encourages enough creation and dissemination of new works to offset those costs. The scale is thus a potent rhetorical trope of fairness and objectivity, but also an instrument the law thinks with – one that is constantly invoked (...) to justify or to question the extent of available IP protection. The balancing act that underlies the legitimacy of IP is, however, literally impossible to perform. Because we are unable to measure the benefits that IP has for inventors or the costs it has for the public, the scale has nothing to weigh. It conveys a clear sense that IP law can be balanced, but in fact propagates only a visible simulacrum of balance – one that is as empty as it is powerful. (shrink)

We show that given ù many supercompact cardinals, there is a generic extension in which the tree property holds at ℵ ω²+1 and the SCH fails at ℵ ω².

THE ARTICLE IS AN ATTACK ON THE MYSTERY OR REDUCTION DILEMMA FOR SUPERVENIENCE. THIS IS THE DILEMMA THAT EITHER SUPERVENIENCE IS MYSTERIOUS OR THE SUPERVENIENT IS REDUCIBLE TO THE SUBVENIENT. A NONMYSTERIOUS, NONREDUCTIVE ACCOUNT OF SUPERVENIENCE IS PROPOSED, BASED ON THE METAPHYSICAL SPECULATION THAT SUPERVENIENT TERMS AND PHRASES APPLY TO OBJECTS WHOSE INTRINSIC NATURES THEMSELVES HAVE AN APPROPRIATE PROPERTY. SINCE THIS IS A PROPERTY OF A NATURE IT IS A PROPERTY OF A PROPERTY, THAT IS, A (...) GRAND-PROPERTY. SUPERVENIENCE FOLLOWS FROM THIS HYPOTHESIS QUITE NONMYSTERIOUSLY, BY APPEAL TO THE INDISCERNIBILITY OF IDENTICALS. THE METAPHYSICAL SPECULATIONS REQUIRED MIGHT SEEM EXTRAVAGANT. A LARGE PART OF THE PAPER IS DESIGNED TO SHOW THAT THEY ARE NOT EXTRAVAGANT. (shrink)

This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and (...) digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)

No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment (...) of zones of autonomy. Such commitments have clear applications pertaining to the use and ownership of created ideas. I argue that each of these commitments require intellectual property rights to be substantially limited in scope, strength and duration. In this way the core mechanisms of natural rights thinking ensure a robust public domain and categorically rule out strong intellectual property rights. (shrink)

This paper uses two recentworks as a springboard for discussing theproper contours of intellectual propertyprotection. Professor Lessig devotes much ofThe Future of Ideas to demonstrating howthe expanding scope of intellectual propertyprotection threatens the Internet as aninnovation commons. Similarly, ProfessorLitman''s message in Digital Copyright isthat copyright law is both too complicated andtoo restrictive. Both authors contend that asa result of overprotecting individual rights,creativity is stifled and the vitality of theintellectual commons is in jeopardy. It isdifficult to evaluate the claims and policyprescriptions (...) of these books without someappreciation for the moral foundations ofintellectual property. The utility and labordesert theories remain the two most prominentin the Anglo-American tradition. Afterexploring those theories, we argue for a secureregime of protection based on the Lockeanvision that property rights are justly deservedas a reward for labor that creates value. However, as Locke''s famous proviso implies,even a natural property right is not absoluteand must be balanced by regard for the publicdomain. But a natural right cannot besacrificed simply to advance technologicalinnovation or to achieve marginal social andeconomic gains. While we agree with Lessig andLitman that recent legislation goes too far weconclude the essay by attempting to illustratethat some of their policy recommendations errin the opposite direction by underprotectingvalid property rights. (shrink)

Both community and property are, each in its own way, exclusionary concepts. Property — certainly private property — is defined in large part by a right of exclusion. And although "community" sounds like a warm, inclusive word, real-world communities often define themselves by reference to an array of excluded "others" and erect fences and patrol borders to keep these others out. Enthusiasm for these exclusions is made to seem legitimate by the thought that those excluded from my (...) property probably have somewhere else of their own to go to, and those excluded from our community probably also have a community of their own to live in. In fact, neither proposition is entirely justified. We know that in most economically developed countries there are large numbers of people who live as transients and are not welcome or rooted in any community. Their only places of refuge are the substantial patches of public property which society maintains for everyone’s use. But public places are not themselves unregulated, and often they are regulated according to norms of community and in response to communitarian pressures. If these communities are themselves exclusive in character, they tend to reproduce at the public property level the exclusions that manifest themselves at the private property level. This Article attempts to chart and analyze the deadly combination of exclusive community and exclusive property that these modes of regulation represent. (shrink)

This symposium paper for the APA analyzes Locke's labor theory of property acquisition as a formal argument – or set of alternative arguments – and shows how several of them are indeed sound, if appropriately limited by what amounts to a social welfare proviso. That proviso is, however, strong enough to limit the acquisition of private property in a significant way. The argument here anticipates fuller and more decisive ones in later work by the same author.

A prominent approach in the debate on territorial rights claims that a group may have jurisdictional rights over a particular land if that land has become a repository of value for the group. This justification relies on a premise which has remained largely unsubstantiated, namely that having jurisdictional rights should be our preferred means for ensuring the group’s retaining of the land’s embedded value. This article discusses a recent attempt to fill this gap. David Miller acknowledges that the value could (...) be retained by the group if it has private property rights. However, he argues that because such rights can be changed at will by the holder of jurisdictional rights the group’s retaining of value is unacceptably insecure. I argue that this attempt fails. Miller’s argument is briefly stated so I start with some reconstructive work. Most importantly, I suggest that the argument relies on a descriptive claim about empirical probabilities, namely that the group’s having jurisdictional rights (in international law) provides the largest feasible reduction of insecurity. I then provide some tentative suggestions about expected state behavior which challenge the validity of that descriptive claim; I argue that a reform of international law which confers internationally enforced property rights on the relevant groups—rather than jurisdiction—may provide a similar (or even relatively larger) reduction of insecurity. My tentative conclusion is that Miller’s appeal to insecurity fails to provide the “embedded value” approach (favored by him and others) with the needed bridge from property rights to rights of jurisdiction. (shrink)