Results for 'Blockian Proviso'

133 found
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  1.  11
    The Blockian Proviso and the Rationality of Property Rights.Lukasz Dominiak - 2017 - Libertarian Papers 9.
    This paper defends the Blockian Proviso against its critics, Kinsella in particular, and interprets it as a law of non-contradiction in the theory of just property rights. I demonstrate that one may not lawfully appropriate in such a way as to forestall others from appropriating an unowned land because such appropriation would result in conflict-generating norms, and conflict-generating norms are not rationally justifiable and just norms. The Blockian Proviso, which precludes forestalling, operates therefore at the level (...)
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  2. Must Right-Libertarians Embrace Easements by Necessity?Łukasz Dominiak - 2019 - Diametros 60:34-51.
    The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights distributed on its (...)
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  3.  30
    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 (...)
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  4. The Lockean Enough-and-as-Good Proviso: An Internal Critique.Helga Varden - 2012 - Journal of Moral Philosophy 9 (3):410-442.
    A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance (...)
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  5.  28
    The Proviso Problem: A Note. [REVIEW]Philippe Schlenker - 2011 - Natural Language Semantics 19 (4):395-422.
    Several theories of presupposition projection predict that some sentences which intuitively yield unconditional presuppositions should have weaker, conditional ones. For instance, If John is realistic, he knows that he is incompetent is predicted to have the presupposition that if John is realistic, he is incompetent, whereas one certainly infers that John is in fact incompetent. We summarize some difficulties faced by three solutions, DRT, Singh’s ‘Formal Alternatives’, and Singh’s ‘Interacting Alternatives’; we then offer a new analysis which is compatible with (...)
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  6. On Water Drinkers and Magical Springs: Challenging the Lockean Proviso as a Justification for Copyright.Maxime Lambrecht - 2015 - Ratio Juris 28 (4):504-520.
    Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?
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  7. Self-Ownership and Non-Culpable Proviso Violations.Preston Werner - 2015 - Politics, Philosophy and Economics 14 (1):67-83.
    Left and right libertarians alike are attracted to the thesis of self-ownership because, as Eric Mack says, they ‘believe that it best captures our common perception of the moral inviolability of persons’. Further, most libertarians, left and right, accept that some version of the Lockean Proviso restricts agents’ ability to acquire worldly resources. The inviolability of SO purports to make libertarianism more appealing than its egalitarian counterparts, since traditional egalitarian theories cannot straightforwardly explain why, e.g. forced organ donation and (...)
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  8. The Libertarian Case for a Basic Income Guarantee: An Assessment of the Direct Proviso-Based Route.Lamont Rodgers & Travis J. Rodgers - unknown - Libertarian Papers 8:242-253.
    Matt Zwolinski argues that libertarians “should see the Basic Income Guarantee (BIG)—a guarantee that all members will receive income regardless of why they need it—as an essential part of an ideally just libertarian system.” He regards the satisfaction of a Lockean proviso—a stipulation that individuals may not be rendered relevantly worse off by the uses and appropriations of private property—as a necessary condition for a private property system’s being just. BIG is to be justified precisely because it prevents (...) violations. We deem Zwolinski’s argument a “Direct Proviso-Based Argument” for BIG. We argue that because this sort of argument for the BIG is in tension with other principles libertarians within the Lockean tradition hold dear, specifically prohibitions on seizing legitimately held property and forcing individuals to labor, the Direct Proviso-Based Argument fails. (shrink)
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  9. Lockean Freedom and the Proviso’s Appeal to Scientific Knowledge.Helga Varden - 2010 - Social Theory and Practice 36 (1):1-20.
    I argue in this paper that Locke and contemporary Lockeans underestimate the problems involved in their frequent, implicit assumption that when we apply the proviso we use the latest scientific knowledge of natural resources, technology, and the economy’s operations. Problematic for these theories is that much of the pertinent knowledge used is obtained through particular persons’ labor. If the knowledge obtained through individuals’ labor must be made available to everyone and if particular persons’ new knowledge affects the proviso’s (...)
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  10. Libertarianism Left and Right, the Lockean Proviso, and the Reformed Welfare State.Steve Daskal - 2010 - Social Theory and Practice 36 (1):21-43.
    This paper explores the implications of libertarianism for welfare policy. There are two central arguments. First, the paper argues that if one adopts a libertarian framework, it makes most sense to be a Lockean right-libertarian. Second, the paper argues that this form of libertarianism leads to the endorsement of a fairly extensive set of redistributive welfare programs. Specifically, the paper argues that Lockean right-libertarians are committed to endorsing welfare programs under which the receipt of benefits is conditional on meeting a (...)
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  11.  29
    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 (...)
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  12. Ecological Refugees, States Borders, and the Lockean Proviso.Cara Nine - 2010 - Journal of Applied Philosophy 27 (4):359-375.
    Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...)
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  13.  53
    The Self-Ownership Proviso: A New and Improved Lockean Proviso*: Eric Makc.Eric Mack - 1995 - Social Philosophy and Policy 12 (1):186-218.
    In this essay I propose to explicate and defend a new and improved version of a Lockean proviso—the self-ownership proviso . I shall presume here that individuals possess robust rights of self-ownership. I shall take it that each individual has strong moral claims over the elements which constitute her person, e.g., her body parts, her talents, and her energies. However, in the course of the essay, I shall be challenging what I take to be the standard conception of (...)
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  14. Self-Ownership and the Lockean Proviso.Tibor R. Machan - 2009 - Philosophy of the Social Sciences 39 (1):93-98.
    Locke's defense of private property rights includes what is called a proviso— "the Lockean proviso"—and some have argued that in terms of it the right to private property can have various exceptions and it may not even be unjust to redistribute wealth that is privately owned. I argue that this cannot be right because it would imply that one's right to life could also have various exceptions, so anyone's life (and labor) could be subject to conscription if some (...)
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  15. Clearing the Rubbish: Locke, the Waste Proviso, and the Moral Justification of Intellectual Property.Gordon Hull - 2009 - Public Affairs Quarterly 23 (1):67-93.
    Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to favor a substantially (...)
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  16.  7
    The Tenuous Foundations of the Sufficiency Proviso.Lamont Rodgers - 2018 - Libertarian Papers 10.
    : Fabian Wendt proposes combining libertarian foundations with a proviso that requires a just system of private property to ensure that everyone has a sufficient amount of resources to pursue projects. He calls this proviso a sufficiency proviso. This proviso is said to have advantages over all rival provisos “because it better coheres with the ….
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  17.  16
    No Proviso: Habermas on Rawls, Religion and Public Reason.James Gordon Finlayson - forthcoming - European Journal of Political Theory.
    In this article, I argue that a common view of Habermas’s theory of public reason, which takes it to be similar to Rawls’s ‘proviso’, is mistaken. I explain why that mistake arises, and show that t...
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  18.  23
    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 (...)
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  19.  52
    Future Generations, Locke's Proviso and Libertarian Justice.Robert Elliot - 1986 - Journal of Applied Philosophy 3 (2):217-227.
    Libertarian justice arguably permits much that is harsh. It might plausibly be thought to generate only minimal obligations on the part of present people toward future generations. This turns out not to be so, at least on Nozick's version of libertarian justice, which is among the most thoroughly worked-out versions. Nozickian justice generates extensive obligations to future people. This provides an indirect argument for environmentalist policies such as resource conservation and wilderness preservation. The basis for these obligations is Nozick's use (...)
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  20.  13
    Forcing Nozick Beyond the Minimal State: The Lockean Proviso and Compensatory Welfare.Adam Blincoe - 2018 - Libertarian Papers 10.
    : Critics of Nozick have claimed that his formulation of the Lockean proviso is too permissive to serve as a morally plausible constraint on resource acquisition. In this essay, I advance a new critique of Nozick’s entitlement theory. In particular, I argue that even on his own permissive formulation of the Lockean proviso, he faces ….
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  21.  6
    Quality Check: A Contextual Analysis of the Lockean Proviso.J. K. Numao - 2018 - Libertarian Papers 10.
    Libertarians have long been divided over how best to interpret the Lockean proviso, which requires that one leave “enough and as good” in common for others after one’s appropriation. This article sheds light on this exegetical question in relation to its qualitative part through a contextual analysis of Locke’s often neglected writings on ….
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  22.  5
    The Lockean Proviso and the Value of Liberty: A Reply to Narveson.Adam Blincoe - 2018 - Libertarian Papers 10.
    : In a recent essay, “Forcing Nozick Beyond the Minimal State: The Lockean Proviso and Compensatory Welfare,” I argue that Nozick’s own reading of the Lockean Proviso commits him to a welfare state. In a forceful response, Jan Narveson calls my argument into question by arguing for an especially austere reading of the Lockean Proviso as ….
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  23. The Lipstick Proviso: Women, Sex & Power in the Real World.Karen Lehrman - 1997 - Doubleday.
    Many women today prepare for a big meeting by reading a stack of folders and applying lipstick. They order their male colleagues around, then wait for those same men to help them on with their coats. They have higher-status jobs than some of the men they date, yet they never call men socially or ask them out. What's going on? Why such seemingly contradictory behaviors? Have women completely failed feminism--or has feminism failed them? In The Lipstick Proviso , Karen (...)
     
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  24. The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake.Daniel Koltonski - 2016 - Journal of Moral Philosophy 13 (3):265-293.
    Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...)
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  25.  94
    The Self-Ownership Proviso: A New and Improved Lockean Proviso.Eric Mack - 1995 - Social Philosophy and Policy 12 (1):186-218.
  26. Future Generations, Locke's Proviso and Libertarian Justice.Francisco Javier Carod-Artal, Pablo Martinez-Martin & Antonio Pedro Vargas - forthcoming - Journal of Applied Philosophy.
  27. Contractualism and Global Justice: The Iteration Proviso.Richard Vernon - 2006 - Canadian Journal of Law and Jurisprudence 19 (2).
    While Rawls himself put contractualism to work at the national level, his more cosmopolitan followers have argued that the full requirements of international justice can be reached only by way of a global contractualist argument. Both positions neglect a resource from within the contractualist tradition, The need for iteration of the nation-level contract gives rise to strong and reasonably definite moral requirements. A good-faith adoption of the contractual argument entails, first, a duty to assist those whose potential recourse to just (...)
     
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  28.  45
    The Key to Locke's Proviso.John Tomasi - 1998 - British Journal for the History of Philosophy 6 (3):447 – 454.
  29.  25
    The Lockean Proviso.Husain Sarkar - 1982 - Canadian Journal of Philosophy 12 (1):47 - 59.
  30.  16
    Queue Line Earth:Locke's Proviso and Energy Conservation.Robert J. Yanal - 1982 - Metaphilosophy 13 (1):15–30.
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  31.  9
    An Inquiry Into Habermas’ Institutional Translation Proviso.Charles C. Nweke & Chukwugozie D. Nwoye - 2015 - Open Journal of Philosophy 5 (1):43-53.
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  32.  21
    Nozick's Proviso.Robert Ehman - 1986 - Journal of Value Inquiry 20 (1):51-56.
  33.  8
    Correct Provided the Mathematical Axioms of the Metalanguage Are True–and That Proviso Uses the Very Notion of Truth That Some People Claim Tarski Completely Explained for Us! Why Do I Say This? Well, Remember That Tarski's Criterion of Adequacy is That All the T-Sentences Must Be Theorems of the Metalanguage. If the Metalanguage is Incorrect and It Can Be Incorrect With.Comments on Charles Parsons - 2012 - In Maria Baghramian (ed.), Reading Putnam. Routledge.
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  34. A Note on the Architecture of Presupposition.Matthew Mandelkern - 2016 - Semantics and Pragmatics 9 (13).
    The Proviso Problem is the discrepancy between the predictions of nearly every major theory of semantic presupposition about what is semantically presupposed by conditionals, disjunctions, and conjunctions, versus observations about what speakers of certain sentences are felt to be presupposing. I argue that the Proviso Problem is a more serious problem than has been widely recognized. After briefly describing the problem and two standard responses to it, I give a number of examples which, I argue, show that those (...)
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  35.  66
    Independence Day?Matthew Mandelkern & Daniel Rothschild - 2019 - Journal of Semantics 36 (2):193-210.
    Two recent and influential papers, van Rooij 2007 and Lassiter 2012, propose solutions to the proviso problem that make central use of related notions of independence—qualitative in the first case, probabilistic in the second. We argue here that, if these solutions are to work, they must incorporate an implicit assumption about presupposition accommodation, namely that accommodation does not interfere with existing qualitative or probabilistic independencies. We show, however, that this assumption is implausible, as updating beliefs with conditional information does (...)
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  36. Dissatisfaction Theory.Matthew Mandelkern - forthcoming - Semantics and Linguistic Theory 26:391-416.
    I propose a new theory of semantic presupposition, which I call dissatisfaction theory. I first briefly review a cluster of problems − known collectively as the proviso problem − for most extant theories of presupposition, arguing that the main pragmatic response to them faces a serious challenge. I avoid these problems by adopting two changes in perspective on presupposition. First, I propose a theory of projection according to which presuppositions project unless they are locally entailed. Second, I reject the (...)
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  37.  27
    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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  38. Locke, Intellectual Property Rights, and the Information Commons.Herman T. Tavani - 2005 - Ethics and Information Technology 7 (2):87-97.
    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 (...)
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  39.  92
    DRT with Local Contexts.Philippe Schlenker - 2011 - Natural Language Semantics 19 (4):373-392.
    In this note, we reconstruct some results of the DRT analysis of presupposition projection within the theory of local contexts of Schlenker (2009). The latter offered a way to annotate every sentence with variables that denote the various local context sets that play a crucial role in Heim’s satisfaction theory (Heim 1983). In standard satisfaction theories, a presupposition must be entailed by its local context. Here we allow a presupposition to be indexed with other local contexts, and we propose, following (...)
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  40. The Labor Theory of Property Acquisition.Lawrence C. Becker - 1976 - Journal of Philosophy 73 (18):653-664.
    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.
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  41. Lockean Provisos and State of Nature Theories.J. H. Bogart - 1985 - Ethics 95 (4):828-836.
    State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state of (...)
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  42.  78
    The Negative Principle of Just Appropriation.Daniel Attas - 2003 - Canadian Journal of Philosophy 33 (3):343 - 372.
    According to the negative principle of appropriation a person can acquire an unowned resource if doing so respects a certain condition (the Lockean proviso). Contrary to some views, a proviso of this sort is not incompatible with libertarianism. Moreover, no unilateral powers of acquisition can fail to consider the impact on the interests of others. Hence, a doctrine of appropriation must incorporate such a proviso. However, the several interpretations such a proviso can take on various dimensions (...)
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  43. Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position (...)
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  44.  42
    The Concept of Sustainable Welfare.Eric Brandstedt & Maria Emmelin - 2016 - In Max Koch & Oksana Mont (eds.), Sustainability and the Political Economy of Welfare. Routledge. pp. 15-28.
    The meaning of welfare and the conditions for making it sustainable seemingly are related. This is at least a common idea in current discussions with the implicit assumption that conditions conducive to general welfare improvements also will secure certain sustainability objectives. In this chapter, we challenge this by way of a conceptual analysis of welfare, focused on its descriptive adequacy. Although there are different substantial theories about welfare, they all have to account for its subject-relative nature: individual welfare is whatever (...)
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  45.  43
    Lockean Theories of Property: Justifications for Unilateral Appropriation.Karl Widerquist - 2010 - Public Reason 2 (1):3-26.
    Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...)
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  46. Myths About the State of Nature and the Reality of Stateless Societies.Karl Widerquist & Grant McCall - 2015 - Analyse & Kritik 37 (1-2):233-257.
    This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...)
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  47.  7
    Religious Pluralism: A Habermasian Questioning and a Levinasian Addressing.Lars Rhodin & Xin Mao - 2017 - Journal for the Study of Religions and Ideologies 16 (46):49-62.
    The task of this paper is to clarify the notion of pluralism and religious pluralism against the background of disputations on the globalized challenges of religious pluralism, for example the incompatibility between different conceptions of religious pluralism, especially from the lens of a possible conversation on religious pluralism between Jürgen Habermas and Emmanuel Levinas. With a detailed reading into the development of the conceptualization of religious pluralism in each author, addressing the questions such as what is genuine pluralism and on (...)
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  48. Libertarianism Vs. Marxism: Reflections on G. A. Cohen's Self-Ownership, Freedom and Equality. [REVIEW]Jan Narveson - 1998 - The Journal of Ethics 2 (1):1-26.
    Self-Ownership, Freedom and Equality is G.A. Cohens attempt to rescue something of the socialist outlook on society from the challenge of libertarianism, which Cohen identifies with the work of Robert Nozick in his famous book, Anarchy, State, and Utopia. Sympathizing with the leading idea that a person must belong to himself, and thus be unavailable for forced redistribution of his efforts, Cohen is at pains to reconcile the two. This cannot be done – they are flatly contrary. Moreover, equality is (...)
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  49.  25
    Non-Autonomous Sentient Beings and Original Acquisition.John Hadley - 2017 - Analysis 77 (2):292-299.
    Libertarians concede that non-autonomous sentient beings pose a problem for their theory. But, while they acknowledge that libertarianism denies non-autonomous sentient beings basic moral rights, libertarians have overlooked how their theory also denies non-autonomous sentient beings basic moral powers. In this article, I show how the libertarian entitlement theory of justice, specifically, the theory for the original acquisition of holdings, denies non-autonomous sentient beings the moral power to originally acquire or make property. Attempts to avoid this problem by appealing to (...)
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  50.  43
    The Retributive Theory of Property.Terrance Tomkow - manuscript
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