Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private (...) class='Hi'>property, state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

In J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred International, Inc., the U.S. Supreme Court held that utility patents may be issued for newly developed, sexually reproduced plants and plant seeds. Specifically, the Court denied the petitioner's contention that the exclusive means of protecting sexually reproduced plants and plant seeds are found in the Plant Patent Act of 1930 and the Plant Variety Protection Act. The Court instead affirmed the decisions of the District Courts and the Federal Circuit and held that (...) 35 U.S.C. § 101 also allows for the patenting of living organisms.The respondent, Pioneer Hi-Bred, a large seed producer, filed suit for patent infringement on the part of the petitioner, J.E.M. AG Supply, doing business as Farm Advantage, Inc., for reselling bags of respondent's patented hybrid seeds. Pioneer is a major producer and manufacturer of hybrid seeds. (shrink)

This chapter contains sections titled: The Indictment Background Institutions for Distributive Justice A Non‐Capitalist Property‐Owning Democracy Economic Democracy ED Versus POD POD Modified References.

We consider the problem of producing an impure public good in various jurisdictions formed through the strategic decisions of agents. Our environment inherits two well-known problems: Under individual decisions, there is a tension between stability and efficiency; Under coalitional decisions, stable jurisdiction structures may fail to exist. The solution, we propose is the use of membership property rights: When a move among jurisdictions is subject to the approval of the agents whom it affects, coalitionally stable jurisdiction structures coincide with (...) those which are efficient. (shrink)

Over the last century, many philosophers have argued in favour of a liberal-egalitarian accommodation of capitalism, in which the liberty of the market is to be combined with an egalitarian distribution of property. Theorists of positive freedom, amongst others, have been prominent in arguing for the liberal-egalitarian accommodation. They have argued that an egalitarian distribution of private property is necessary to give every citizen equal positive freedom. To lead an autonomous life, every citizen needs control over some private (...) property. The liberal-egalitarian accommodation to capitalism has come under threat in the last decades, as documented by a renewed widening of inequalities in wealth and income. In this essay, I will argue that this predicament requires us to look at one important precondition of the positive freedom argument. This precondition I call the de-politization of private property. Private property is conceived of as a purely private phenomenon, which has no effects on the exercise of political power. However, whether this precondition is met is a contingent matter; and so defenders of the positive freedom argument therefore need to turn their attention to the problem posed by the relation between private property and political power. (shrink)

This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under copyright (...) royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing. (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables (...) every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables (...) every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

The Paradox of Intellectual Property in Capitalism is an innovative book that comprehensively discusses and analyses intellectual property under capitalistic social conditions and relations. It not only addresses some historical developments of intellectual property but also brings to the fore the very notion of what knowledge is, knowledge creation, and knowledge production and appropriation within a Marxist framework. Nonetheless, the adopted approach pays heed to multiple fields of knowledge, providing rich discussions that facilitate the understanding of actual (...) social totality in which capitalism, knowledge production and appropriation, and the struggles of appropriation mutually reinforce each other, although not devoid of antagonisms and contradictions. In light of contemporary capitalism, the transformations that social property relations are undergoing must be scrutinised – such as those brought about by the development of digitalisation and the convergence between big pharma and tech giants. What are the conditions of intellectual property creation today? What theoretical assumptions does it make? Under what social relations is intellectual property produced? Throughout, the emphasis is not on individual cases or symptoms but on the overarching logic: the logic of capitalism as revealed in intellectual property. (shrink)

Is property-awareness constituted by representation or not? If it were, merely being aware of the qualities of physical objects would involve being in a representational state. This would have considerable implications for a prominent view of the nature of successful perceptual experiences. According to naïve realism, any such experience—or more specifically its character—is fundamentally a relation of awareness to concrete items in the environment. Naïve realists take their view to be a genuine alternative to representationalism, the view on which (...) the character of such experiences is constituted by representation. But naïve realists must admit qualities or property instances as items of awareness if they are to remain wedded to common sense, and the nature of property-awareness may smuggle constitutive representation into the naïve realist account of character. I argue that whether property-awareness involves representation, and consequently whether naïve realism is distinct from representationalism or not, depends on what qualities are fundamentally. On universalist and nominalist accounts, property-awareness turns out to involve representation. Not so under tropism. (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests that comparative (...) psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms?one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience?which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

This study takes the Chinese technology-intensive listed companies from 2009 to 2019 as the research sample to study the relationship between board faultlines and innovation strategy decisions of companies, and examines the impact of property rights background and institutional environment on the above relationship from the perspective of external governance environment of Chinese-listed companies. The results show that social-related faultlines of the board of directors have a negative influence on corporate innovation strategy decisions; cognitive-related faultlines have a positive effect (...) on corporate innovation strategy decisions. At the same time, this research proves that the property rights background and institutional environment have a regulating role in the relationship between board faultlines and innovation strategy decisions, and can play an active role in the board faultlines. (shrink)

In his Encyclopaedia Logic, Hegel affirms that truth is ‘usually’ understood as the agreement of thought with the object, but that in the ‘deeper, i.e. philosophical sense’, truth is the agreement of a content with itself or of an object with its concept. Hegel then provides illustrations of this second sort of truth: a ‘true friend’, a ‘true state’, a ‘true work of art’. Robert Stern has argued that Hegel's ‘deeper’ or ‘philosophical’ truth is close to what Heidegger labelled ‘material’ (...) truth, namely a property attributed to a thing on the basis of the accordance of that thing with its essence. It has since been common to think of Hegel's concept of ‘philosophical’ truth as ‘ontological’, ‘objective’ or ‘material’ in contrast to ‘epistemological’ or ‘propositional’ definitions. In this paper, I wish to add an important nuance to the existing literature on this subject: even though things have a truth-value for Hegel, the latter is always negative. I argue that Hegel's criterion of ‘philosophical’ truth, which is best formulated as ‘agreement with self’, is first and foremost intended to examine the truth-value of thought-determinations. I then argue that even though this criterion may also be applied to examine the truth-value of things (namely, even though things have a truth-value), things never fall under this definition. After reviewing several of Hegel's explicit remarks on the matter, I provide an alternative explanation to those features of Hegel's ‘philosophical’ truth which have led scholars to view it as a truth in things. Especially, I argue that what are generally seen as Hegel's examples (‘true friend’, ‘true state’, ‘true work of art’) are not intended as examples but only as imperfect illustrations of ‘philosophical’ truth. (shrink)

Intellectual property Rights (IPRs) is protected by different systems of laws. Journals must choose a definitive form of systems. Some Blackwell journals use copyright system and some Blackwell use license from authors. Now a days online journals are using creative common licenses. Under creative common license journals are open access, allowed to download, copy, distribute, and display derivative works with proper attribution to author or owner for noncommercial purpose at a free cost. Education on IPRs will support to comprehend (...) ones rights, professional code of conduct and the doctrine of "fair use" in publication. One cannot do anything with once writing. Researchers, academic, editors and readers must have the basic knowledge on who owns the rights in a publication and what users can do with the publication by law. (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests that comparative (...) psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms—one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience—which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political entities. This paper (...) examines the sources of this problem from the standpoint of traditional Chinese social and political philosophy (specifically Neo-Confucianism). It points out that the basic assumptions about the nature of intellectual property, which arose during the 17th and 18th centuries in Europe, are fundamentally at odds with the traditional Chinese view of the role of intellectuals in society. It suggests that policies which do not take these differences into account, but which attempt to transfer Western legal concepts without the underlying social constructs are responsible for much of the lack of success in the area of intellectual property rights. (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at (...) all, that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

The traditional Lockean justification of property rights has been argued to be no longer valid in a world in which much wealth does not derive from acquisitions of natural resources, and in which much property, such as money, is intangible. This means that libertarians need to reconsider whether and why property rights are justified for objects that fall outside of the scope of the Lockean justification. This paper gives a justification of property rights in relation to (...) modern money, which uses the self-ownership principle as its central premise. Since modern money is a form of credit, I start with a justification of credit property rights. I then consider both money under gold convertibility and present-day fiat systems, showing that the justification of credit property rights remains valid under these conditions. (shrink)

When we’re trying to articulate principles of justice that we have reason to take seriously in a world like ours, one way to start is with an understanding of what our world is like, and of which institutional frameworks promote our thriving in communities and which do not. If we start this way, we can sort out alleged principles of justice by asking which ones license mutual expectations that promote our thriving and which ones do otherwise. This is an essay (...) in the how and why of nonideal theory: in particular, how and why principles of property come first and principles of justice second. Ownership conventions, and property law as it develops under the pressures of case by case dispute resolution, tend to become touchstones for conflict mediation down through generations. They may be imperfect, retaining vestiges of adaptations to ancient problems that no longer exist, yet still they work, coordinating expectations so as to make it easier for people to live well together. A priori reasons for endorsing principles of justice generally are not good enough. A good enough reason would be something like this: to endorse this way of applying this principle in this kind of circumstance is to support institutional frameworks that position us to play positive sum games. (shrink)

There are two ways to understand any proposed properties of language-of-thoughts (LoTs): As diagnostic or constitutive. We argue that this choice is critical. If candidate properties are diagnostic, their homeostatic clustering requires explanation via an underlying homeostatic mechanism. If constitutive, there is no clustering, only the properties themselves. Whether deep neural networks (DNNs) are alternatives to LoTs or potential implementations turn on this choice.

abstract Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid — especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on the question of (...) whether artefacts should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. (shrink)

There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) property (...) rights are legitimate only when necessary, (2) necessary only to avoid injury resulting from one party’s use or possession of a good over others’, and (3) that such injury is possible only where there is scarcity. While I accept (1) (at least for the sake of argument), I argue that each of three prominent theories of the justification of property rights cast doubt on (2) and (3). As it turns out, at the theoretical level, there are a number of different ways of dealing with this conflict. However, I argue, no matter which theoretical path one takes, it turns out that the practical implications of the relationship between property rights and scarcity have been woefully misconstrued. Finally, I recount an independent argument for the thesis under consideration and argue that, whether or not it is successful against IP, it does not extend as an argument against ownership of non-scarce goods in general. This serves to further highlight the need to distinguish arguments for the thesis under consideration from arguments against IP. (shrink)

The paper is aimed at studying the topological dimension for sets definable in weakly o-minimal structures in order to prepare background for further investigation of groups, group actions and fields definable in the weakly o-minimal context. We prove that the topological dimension of a set definable in a weakly o-minimal structure is invariant under definable injective maps, strengthening an analogous result from [2] for sets and functions definable in models of weakly o-minimal theories. We pay special attention to large subsets (...) of Cartesian products of definable sets, showing that if X, Y and S are non-empty definable sets and S is a large subset of X × Y, then for a large set of tuples $\langle \overline{a}_{1},\ldots,\overline{a}_{2^{k}}\rangle \in X^{2^{k}}$ , where k = dim(Y), the union of fibers $S_{\overline{a}_{1}}\cup \cdots \cup S_{\overline{a}_{2^{k}}}$ is large in Y. Finally, given a weakly o-minimal structure ������, we find various conditions equivalent to the fact that the topological dimension in ������ enjoys the addition property. (shrink)

Property in Human Tissue It seems that a recurring theme in our Recent Developments is the issue of property rights in tissue . This has most commonly been associated with access to reproductive material and begins from the presumption of no property in tissue. A recent decision for the Superior Court of Justice, Ontario, whilst unsuccessful on largely procedural grounds, warrants a brief note because it adds to the general discourse on property in tissue and adopts (...) a different approach. Piljak Estate v Abraham 2014 ONSC 2893 addressed the question of whether or not the family of a deceased person could access liver tissue for genetic testing. The property question arose because the family applied for access to the tissue under Rule 32.01 and in order for the tissue to fall within the ambit of the Rule it must be defined as real or personal property.Background .. (shrink)

This manuscript explores the orthogonality constraints on configurations and orbitals subject to the property that states are mutually orthogonal. The orthogonality constraints lead to properties that affect the description of chemical systems. When states are described as linear combinations of configurations, the coefficient matrix diagonalises S−1H. Therefore, single-configuration states are only possible in one-electron systems: non-orthogonal configurations yield single-configuration states only if S−1H is diagonal, but this would violate the orthonormalisation constraint. Further, the coefficient matrix is not constrained to (...) be square. Similarly, the orbitals used to construct configurations may also be orthogonal or non-orthogonal; orbitals are only required to be mutually orthogonal at the one-electron limit. Orthogonal orbitals are generally preferred due to their mathematical and conceptual simplicity, leading to fictitious unoccupied orbitals. Since the Fock operator is orthogonality agnostic, non-orthogonal orbitals can be generated by solving the Fock equation independently for each electron; the virtual orbitals produced by this conception are true excitation orbitals as they are eigensolutions of the Fock operator. Additionally, we show that the number of molecular orbitals generated is not restricted to the number of atomic orbitals employed in the computation. This manuscript explores the mathematical relationships that need to be satisfied under the various orthogonality regimes. We also present mathematical relationships that provide results that are independent of the orthogonality approximation within a particular computational method. (shrink)

Trenton Merricks argues that on any reasonable account, warrant must entailtruth. I demonstrate three theses about the properties ofwarrant: (1) Warrant is not unique;there are many properties that satisfy the definition of warrant. (2) Warrant need not entail truth; there are some warrant properties that entailtruthand others that do not. (3) Warrant need not be closed under entailment, even if knowledge is. If knowledge satisfies closure, then some warrant properties satisfy closure while others do not;if knowledge violates closure, then allwarrant (...) properties violate closure. (shrink)

In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the main theories (...) of justice? What's exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to (...) things. But by the mid-l 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

We answer a question of Just, Miller, Scheepers and Szeptycki whether certain diagonalization properties for sequences of open covers are provably closed under taking finite or countable unions.

The article provides an outline of the basic principles and conditions of criminalisation of interferences with others’ property rights in the context of a specific context: a liberal, social democratic state, the legitimacy of which depends primarily on its impartiality between moral doctrines and the fair distribution of liberties and resources. I begin by giving a brief outline of the conditions of political legitimacy, the place of property and the conditions of criminalisation in such a state. With that (...) framework in place, I argue that interferences with others’ property rights should be viewed as violations of political duties stemming from institutions of distribution. I then discuss three implications of this view: the bearing of social injustice on the criminal law treatment of acts of distributive injustice; the expansion of criminalisation over the violation of distribution-related duties, which are considered criminally irrelevant under moral conceptions of criminalisation; and, finally, the normative significance of the modus operandi. (shrink)

Djordjević [Dj 1] proved that under natural technical assumptions, if a complete L n -theory is stable and has amalgamation over sets, then it has arbitrarily large finite models. We extend his study and prove the existence of arbitrarily large finite models for classes of models of L n -theories (maybe omitting types) under weaker amalgamation properties. In particular our analysis covers the case of vector spaces.

Secure property rights are considered a common institutional feature of rapidly growing economies. Although different property rights regimes have prevailed around the world over time, relatively little scholarship has empirically characterized the historical property rights of societies outside Western Europe. Using data from Egypt’s Mamluk Sultanate, this article provides a detailed characterization of land tenure patterns and identifies changes to real property holdings associated with an institutional bargain between Egypt’s slave soldiers—the mamluks—and the sultan. Although agricultural (...) land was a collective resource of the state, individual mamluks—state actors themselves—established religious endowments as a privatizing work-around to the impermissibility of transferring mamluk status to their sons. The article’s characterization of landholding patterns in medieval Egypt provides an empirical illustration of how Middle Eastern institutions differed from those in other world regions as well as an understanding for how and why regimes come under political stress as a result of their property rights institutions. (shrink)

The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and thenon-accessibility of life-saving drugs for many of the poor both in less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate (...) the arguments on all sides and suggests a possible way out of the current impasse. It attempts to determine the ethical responsibility of the drug industry in making drugs available to the needy, while at the same time developing the parallel responsibilities of individuals, governments, and NGOs. It concludes with the suggestion that the industry develop an international code for its self-regulation. (shrink)

The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and thenon-accessibility of life-saving drugs for many of the poor both in less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate (...) the arguments on all sides and suggests a possible way out of the current impasse. It attempts to determine the ethical responsibility of the drug industry in making drugs available to the needy, while at the same time developing the parallel responsibilities of individuals, governments, and NGOs. It concludes with the suggestion that the industry develop an international code for its self-regulation. (shrink)

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights and defines the scope of those rights. By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a (...) single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights. (shrink)

Courts usually treat control over human bodies and body parts as a property issue and find that people do not have property rights in themselves. This contradicts the liberal philosophical principle that people should be able to perform any self-regarding actions that do not cause harm to others. The philosophical inconsistencies under pinning the legal treatment of body parts arguably stem from a misplaced judicial preoccupation with‘ property ’. A better approach would be to hold a policy (...) inquiry into the degree of liberty a society wishes to grant its inhabitants. Only once this substantive issue has been addressed should property be raised as a possible method of implementing the policy. (shrink)

Hegel’s Philosophy of Law deals in theLaw section of the categories: person, property and contract. Research critically reconstructs this theory from a Marxist perspective. In the concept of person, first of all, the singular will is reduced to a solipsist will unrelated to intersubjectivity. Then, the concept of Hegelian property bases the private appropriation of property as the externalization of the singular will. This legal property guarantees the maintenance and reproduction of private property, that is, (...) it will guarantee the private accumulation of capital, Marx will say. Anyway, the theory of the contract would link the autonomy of the contracting wills, however, it is a mere appearance, because, in fact, the owners’ wills are under the domination of the capitalist market, as it is explained in Marx’s Capital. The theoretical deficit of Hegel’s Philosophy of Law in general is that the legal concepts of person and property correspond to the abstract will. Hegel describes the juridical description of the legal system of the modern state as the development of free will that legitimizes the asymmetry of civil society in its socioeconomic inequalities. (shrink)