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Daniel Attas
Hebrew University of Jerusalem
  1.  44
    Freedom and Self–Ownership.Daniel Attas - 2000 - Social Theory and Practice 26 (1):1-23.
    The principle that each person is his own property occupies an almost axiomatic status in right-wing liberal thought as well as in some egalitarian theories. I reject any, full or partial, notion of property with respect to oneself by showing that any appeal and any justifiability which may be associated with self-ownership can at most serve to ground rights which are demonstrably non-property rights. As a contrast to self ownership, I introduce the non-proprietarian notion of Original Freedom. I compare the (...)
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  2.  15
    Lockean Justifications of Intellectual Property.Daniel Attas - 2008 - In Gosseries Axel, Marciano A. & Strowel A. (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave Mcmillan. pp. 29--56.
    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 (...)
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  3. What’s Wrong with "Deceptive" Advertising?Daniel Attas - 1999 - Journal of Business Ethics 21 (1):49-59.
    In this paper I present a moral account of the legal notion of deceptive advertising. I argue that no harmful consequences to the consumer need follow from a deceptive advertisement as such, and I suggest instead that one should focus on the consequences of permitting the practise of deceptive advertising on society as a whole. After a brief account of deceptive advertising, I move to discuss the role of the reasonable person standard in its definition. One interpretation of this standard (...)
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  4. The Case of Guest Workers: Exploitation, Citizenship and Economic Rights.Daniel Attas - 2000 - Res Publica 6 (1):73--92.
    Working from a "capitalist" theory of exploitation, based on a neo-classical account of economic value, I argue that guest workers are exploited. It may be objected, however, that since they are not citizens, any inequality that stems from their status as non-citizens is morally unobjectionable. Although host countries are under no moral obligation to admit guest workers as citizens, there are independent reasons that call for the extension of economic rights – the freedom of occupation in particular – to guestworkers. (...)
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  5.  35
    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 will be either implausible (...)
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  6. A Trans-Generational Difference Principle.Daniel Attas - 2009 - In Axel Gosseries & Lukas H. Meyer (eds.), Intergenerational Justice. Oxford University Press. pp. 189.
    Can Rawls’s theory provide a framework for assessing obligations to future generations? Extending the veil of ignorance so that participants in the original position do not know to which generation they belong appears to fail in this endeavour. Earlier generations cannot improve their situation by “cooperating” with later generations. Such circumstances, lacking mutuality, leave no room for an agreement or contract. Nevertheless, the original position can be reconstructed so as to model relations of mutuality between generations even if these are (...)
     
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  7.  30
    Workfare: The Subjection of Labour.Daniel Attas & Avner de-Shalit - 2004 - Journal of Applied Philosophy 21 (3):309-320.
    When viewed as a question of distributive justice the evaluation of workfare typically reflects exclusively on the distribution of income: do the physically capable have a justified claim for state support, or is it fair to demand from those who do work to subsidise this support? Rarely is workfare appraised in terms of how it affects other parties such as employers or other workers, and on the structural effects the pattern of incentives it generates brings about, or as an issue (...)
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  8.  63
    The Difference Principle and Time.Daniel Attas - 2008 - Politics, Philosophy and Economics 7 (2):209-232.
    Rawls's difference principle contains a certain normative ambiguity, so that opposing views, including strong inegalitarian ones, might find a home under it. The element that introduces this indeterminacy is the absence of an explicit reference to time . Thus, a society that agrees on the difference principle as the proper justification of basic political-economic institutions, might nevertheless disagree on whether their specific institutions are justified by that principle. Such disagreement would most often centre on issues of fact: will a more (...)
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  9.  61
    Fragmenting Property.Daniel Attas - 2005 - Law and Philosophy 25 (1):119-149.
    The orthodoxy on the concept of ownership is given by Honoré's list of incidents. The idea this portrays is as ownership as a very flexible concept. The main purpose of this paper is to argue that the concept of property has much more integrity than the notion of a bundle of incidents may suggest. The Libertarian Challenge claims that redistributive theories of Justice, in so far as they impose involuntary taxes, are inconsistent with property rights, and are therefore unjustifiable. One (...)
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  10.  32
    Future People. [REVIEW]Daniel Attas - 2009 - Journal of Moral Philosophy 6 (1):127-132.
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  11.  17
    Bebhinn Donnelly/the Epistemic Connection Between Nature and Value in New and Traditional Natural Law Theory 1–29 Re'em Segev/Justification, Rationality and Mistake: Mistake of Law is No Excuse? It Might Be a Justification! 31–79. [REVIEW]Daniel Attas & Fragmenting Property - 2006 - Law and Philosophy 25:673-674.
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  12.  1
    Markets and Desert.Daniel Attas - 2003 - In Daniel A. Bell (ed.), Forms of Justice: Critical perspectives on David Miller’s political philosophy. Oxford, UK: pp. 85-105.
    David Miller argues that the proper principle to govern distribution in the economy is a principle of desert and that markets (at their best) distribute to the participating agents rewards that are proportional to their respective contributions. This is explained by appeal to the notion of marginal productivity, and by the theory that perfect competition results in a distribution according to marginal contribution. Marginal product in this sense is taken to be a measure of the producer's contribution to the consumer's (...)
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  13.  5
    Who Owns the Product?Daniel Attas - 2004 - Philosophical Quarterly 54 (217):537-556.
    If persons fully own themselves and can acquire, by unilateral acts, unconditional full property rights to previously unowned natural resources, then by these same principles of property they also own the products of their property and of their labour. But the principles of property are silent on the question of the division of joint products; the market is a form of co-operation in production which makes the total social product a joint product. In the circumstances of an unrestrained fully developed (...)
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  14. Liberal Neutrality and Cultural Rights: A Comment on Alan Patten's Equal Recognition. [REVIEW]Daniel Attas - 2015 - Jerusalem Review of Legal Studies 12:58-65.
     
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  15.  4
    Liberty, Property and Markets: A Critique of Libertarianism.Daniel Attas - 2005 - London, U.K.: Routledge.
  16. John Rawls: A Critical Review (edited book).Daniel Attas & David Heyd - 2006 - Hotsaʼat Sefarim ʻa. Sh. Y.L. Magnes, Ha- Universiṭah Ha-ʻivrit.
  17. Too Much Property: A Comment on Michael Otsukaʼs Libertarianism Without Inequality. [REVIEW]Daniel Attas - 2006 - Iyyun 55:287-298.
     
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  18. Terms of Trust.Daniel Attas - 2016 - Oxford Studies in Political Philosophy 2:209-233.
    Situations of fundamentally opposing interests are such that, without some degree of trust, they will fail to advance. In this paper I consider war and the achievement of peace through a series of reciprocal steps as the primary setting in which to examine trust, its terms, and its limits. A surprising point that transpires is that, in the attempt to resolve situations that are fundamentally conflictive, there is often a tendency to take steps to promote something else, superficially resembling trust, (...)
     
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