A comprehensive analysis of the theories of property developed by four key figures in classical German philosophy that explores such central questions as the nature of property, what specific forms of property are justifiable and whether property rights ought to be respected or limited in the name of freedom.

Case studies in the psychophysics, modeling and localization of human vision are presented as an example of “hands-on” philosophy of the cognitive sciences. These studies also yield important results for familiar problems in philosophy of mind: the explanatory gap surrounding phenomenological feels is not closed by the kinds of investigations surveyed. However, the science is able to explain some sorts of phenomenological facts, such as why the human color space takes the form of the Munsell color solid, or why there (...) is a phenomenologically-pure yellow but not a phenomenologically-pure orange. (shrink)

In this eye-opening study at the intersection of psychoanalytic theory and political organization and thought, Elliott Schwebach explores why property can be understood to be oppressive and how political theory overlooks its unique significance as a pillar of social violence. Synthesizing insights from Pierre-Joseph Proudhon, Sigmund Freud, Ives Hendrick and Frantz Fanon, Schwebach investigates human activity as shaped by the effects of property regimes and traces broader implications for understanding the legacies of colonial domination. He then shifts focus (...) to contemporary eco-theory, challenging the Lockeanism that continues to characterize premodern Indigenous environmental engagements and presenting novel frameworks for understanding healthy ecopolitical activity based upon the trajectories of psychological drives. This unique perspective validates creative expressions of decolonial resistance and offers fruitful alternatives to customary positions in psychoanalytic and environmental political philosophy. The book will be an indispensable resource for scholars of property, Freudian psychology, political ecology, and the visionary thought of Frantz Fanon. (shrink)

There is little agreement about Aristotle’s philosophy of geometry, partly due to the textual evidence and partly part to disagreement over what constitutes a plausible view. I keep separate the questions ‘What is Aristotle’s philosophy of geometry?’ and ‘Is Aristotle right?’, and consider the textual evidence in the context of Greek geometrical practice, and show that, for Aristotle, plane geometry is about properties of certain sensible objects—specifically, dimensional continuity—and certain properties possessed by actual and potential compass-and-straightedge drawings qua quantitative and (...) continuous. For their part, the objects of stereometry are potential sensible three-dimensional figures qua quantitative and continuous. (shrink)

This commentary focuses upon the ‘fetishism of persons’ in Marx which Balibar claims both mirrors and animates the better-known fetishism of things. Revisiting the chapter on exchange in which Balibar grounds his thesis, the essay attends to the theatrical metaphors by which Marx presents legal personhood as a pantomime of commodity fetishism. The essay demonstrates how the movable immobility of the commodity comes to life in its inverse, the mobile and immovable figure of the legal person; it then claims that (...) this inversion positions legal persons as animate props for property. But if legal persons, the essay asks, merely personify economic relations, by what means are they sufficiently distanced from commodities to be able to become their reflex and puppet? In other words, what vestibule keeps personal liberty’s analogy with economic relations from collapsing into identity? A significant historical answer, the essay asserts, is transatlantic chattel slavery—not only because this institution is both ideological foil to, and material basis for, liberal capital, but also because the slave herself, as animate property, undoes the distinction between persons and commodities. The essay concludes by insisting upon the significance of this neglected figure in philosophies of the transindividual, while also taking first steps toward a transindividual analysis of slavery. (shrink)

The typical method of acquiring a property right involves transfer from a previous owner. But sooner or later, that chain of transfers traces back to the beginning. That is why we have a philosophical problem. How does a thing legitimately become a piece of property for the first time ? In this essay, I follow the custom of distinguishing between mere liberties and full-blooded rights. If I have the liberty of doing X , then it is permissible for (...) me to do X . But the mere fact that I am at liberty to do X leaves open the possibility that you might be at liberty to interfere with my doing X . Accordingly, liberties are not full-blooded rights, since my having a right to do X has the additional implication that others are not at liberty to interfere with my doing X . When it comes to mere liberties, interference is not a violation. You can violate rights, but you cannot violate liberties. (shrink)

This is one of the most important books on quantum mechanics to have appeared in recent years. It offers a dramatically new interpretation that resolves puzzles and paradoxes associated with the measurement problem and the behavior of coupled systems. A crucial feature of this interpretation is that a quantum mechanical measurement can be certain to have a particular outcome even when the observed system fails to have the property corresponding to that outcome just prior to the measurement interaction.

Forthcoming in Philosophical Issues, vol 18, Interdisciplinary Core Philosophy: The Metaphysics and Perception of Qualities. Alex Byrne & David Hilbert, section editors.

This essay reviews six different approaches to intellectual property. It and argues that none of these accounts provide an adequate justification of intellectual property laws and policies because (1) there are many different types of intellectual property, and (2) a variety of incommensurable values play a role in the justification of intellectual property. The best approach to intellectual property is to assess and balance competing moral values in light of the particular facts and circumstances.

This book argues that intellectual property rights are duty-bearing privileges. Drawing on the work of, amongst others, Grotius, Locke and Hegel, as well as the law of several countries, the book argues that the use of these privileges should be guided by an instrumentalism based on a principle of humanism.

This book discusses Locke's theory of property from both a critical and an interpretative standpoint. The author first develops a comprehensive interpretation of Locke's argument for the legitimacy of private property, and then examines the extent to which the argument is really serviceable in defense of that institution. He contends that a purified version of Locke's argument--one that adheres consistently to the logic of Locke's text while excluding considerations extraneous to his logic--actually does establish the legitimacy of a (...) form of private property. This version, which is both defensible in contemporary, secular terms and is, essentially, egalitarian, should provoke a reassessment of the nature of Locke's relevance to contemporary discussions of distributive justice. (shrink)

The ultimate aim of this dissertation is to determine whether libertarian theories of property can be adequately grounded in Locke's theory of natural rights. I defend the thesis that Locke's theory has no room for a fundamental commitment to natural rights, including property rights. ;In the first three chapters, I challenge each component of the dominant interpretation of Locke's theory of property in this century, viz., that of C. B. Macpherson. In Chapter One, I criticize Macpherson's claim (...) that Locke's view allows unlimited appropriation. In Chapter Two, I agree with Macpherson that Locke defended a state in which the franchise was restricted to those who held significant property, viz., land. However, this can be reconciled with an initial contract into civil society that meets certain standards of rationality and fairness. Thus, while political power is not equally distributed in the state Locke describes, that is not necessarily inconsistent with a rational, free, and voluntary social contract. This shows that we need not see Locke as committed to the interests of the wealthiest members of society. In Chapter Three, I agree with Macpherson that Locke's view is that the purpose of contracting out of the state of nature is the protection of one's property. But I briefly argue that Macpherson does not take seriously Locke's concept of property right and the wide range of objects that count as property. If we pay careful attention to Locke's terminology, we can see that although the purpose of the state is the protection of property, that does not guarantee greater protection for the wealthy than it ensures the poor. ;In Chapter Four, I challenge a quite different thesis. James Tully has argued that Locke did not defend private property at all, but attacked it. I criticize this interpretation on the grounds that Locke explicitly allows certain practices that Tully takes to be violations of the law of nature as Locke construes it. I also criticize the claim that certain developments in a commercial economy, such as the consumption of valuable land, necessarily violate the law of nature. In addition, I argue that the idea of conventionally established property rights is inconsistent with Locke's account of how and why government comes to be established. ;In Chapter Five, I provide an account of the principles underlying Locke's account of rights, both within and without civil society. I argue that Locke's view is improperly construed as a view which gives pride of place to rights. Rather, rights are almost always derivative from duties, and in those cases where they are not derivative, they are subordinate to certain primary duties that oblige us in virtue of our status as God's creations. (shrink)

In the present article, I show that sounds are properties that are not physical in a narrow sense. First, I argue that sounds are properties using Moorean style arguments and defend this property view from various arguments against it that make use of salient disanalogies between sounds and colors. The first disanalogy is that we talk of objects making sounds but not of objects making colors. The second is that we count and quantify over sounds but not colors. The (...) third is that sounds can survive qualitative change in their auditory properties, but colors cannot survive change in their chromatic properties. Next, I provide a taxonomy of property views of sound. As the property view of sound has been so rarely discussed, many of the views available have never been articulated. My taxonomy will articulate these views and how they are related to one another. I taxonomize sounds according to three characteristics: dispositional/non-dispositional, relational/non-relational, and reductive/non-reductive. Finally, mirroring a popular argument in the color literature, I argue that physical views in the narrow sense are unable to accommodate the similarity and difference relations in which sounds essentially stand. I end replying to three objections. (shrink)

In natural kind debates, Boyd's famous Homeostatic Property Cluster theory (HPC) is often misconstrued in two ways: Not only is it thought to make for a normative standard for natural kinds, but also to require the homeostatic mechanisms underlying nomological property clusters to be uniform. My argument for the illegitimacy of both overgeneralizations, both on systematic as well as exegetical grounds, is based on the misconstrued view's failure to account for functional kinds in science. I illustrate the combination (...) of these two misconstruals with recent entries into the natural kind debate about emotions. Finally, I examine and reject Stich's "Kornblith-Devitt method" as a potential justification of these misconstruals. (shrink)

abstract In a number of contexts one comes across the suggestion that cultures are collective owners of cultural property, such as particularly significant works of art. Indigenous peoples are often held to be collective owners of cultural property, but they are not the only ones. Icelandic culture is said to have a claim on the Flatejarbók and Greek culture is held to own the Parthenon Marbles. In this paper I investigate the conditions under which a culture is the (...) rightful owner of cultural property. I argue against the claims that cultures inherit cultural property. I also argue that a culture's claim to own cultural property is seldom, if ever, founded on either practices employed in the culture or collective production of cultural property. I maintain, however, that the very value of cultural property for some culture can, in some instances, provide the basis for the culture's claim on the property. (shrink)

ABSTRACT:There is considerable overlap between the interests of business ethicists and those of political philosophers. Questions about the moral justifiability of the capitalist system, the basis of property rights, and the problem of inequality in the distribution of income have been of central importance in both fields. However, political philosophers have developed, especially over the past four decades, a set of tools and concepts for addressing these questions that are in many ways quite distinctive. Most business ethicists, on the (...) other hand, consider their field to be primarily a domain of applied ethics, and so adopt methods and conceptual frameworks developed by moral philosophers. In this paper, we discuss some of the salient differences between these two approaches, and suggest some ways in which business ethicists could benefit from taking a more “political philosophy” approach to these questions. Throughout, we underline the importance of seeking greater compatibility among the principles used in normative theorizing about markets, regulations, corporate governance, and business practices. (shrink)

The book Property and Justice: A Trend Towards Marxist Political Philosophy by a Chinese political philosophy scholar, Prof. ZHANG Wenxi, provides a refreshing and thought-provoking analysis of Mar...

This paper presents rational and unanimously agreeable norms in (a) governance, (b) economic policy, (c) constitution and (d) religious and scientific beliefs for civilized coexistence. The basis of unanimous agreeability is that individuals do not prefer to have their wealth (including life) robbed, even surreptitiously. This preference is unanimous because even robbers do not want to be robbed. I argue that unanimously agreeable norms are necessary for civilized co-existence of humans and are consistent with the ancient philosophy (Hindutva), which originated (...) in India more than 3000 years BC and is reflected in Gita, https://en.wikipedia.org/wiki/bhagavad_gita. Gita is considered by Courts of India as a philosophical document. The basic ethos of Gita is explicit and transparent: the state (King Dhristarastra) must not allow anyone (including privileged princes like Duryodhan) to take away others' (Pandavas') property even surreptitiously (through Sakuni's rigged game of Pashakhel). The modern constitution ordains freedom through rights to property, liberty and pursuit for happiness of individuals. But it has tacitly allowed establishment of a system (rules) of governance to facilitate surreptitious robbery. Individuals accumulate property like home and retirement savings with a hope to attain freedom, eventually, which they cannot achieve if they are robbed, even surreptitiously. The ancient philosophy of Gita prohibits robbery of any kind and, thus, guarantees hope for individual freedom. The modern philosophy—underlying the established system (rules) tacitly allowing surreptitious robbery—cannot, however, achieve individual freedom. Widespread or inclusive economic prosperity can be attained only if the constitution and rules of law are unanimously agreeable which will be consistent with ancient ethos but not modern philosophy. (shrink)

In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and the (...) differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context. (shrink)

This is a book about food, philosophy, and intellectual property rights. Taken separately, these are three well-known subjects; but it is uncommon to consider them together. Delivering a rich field of disputes, the book is comprised of 50 case studies, organized around eight themes: images; genericity and descriptiveness; language traps; procedures; menus, recipes, and creativity; boundaries; biotech; and empowerment. The introductory chapter frames the selection of cases and encourages readers to look beyond them, envisaging new lenses to look at (...) food vis-à-vis intellectual property. The terrain encompassed is wide-ranging and reaches out to fine-grained aspects of food products, recipes, and cooking. Conceived for a wide scope of readers, the volume ultimately interrogates the links between food and cultural identity, bringing to the fore the ethical, political, aesthetic worth of culinary arts and gastronomic experiences. This accessible book will be of value to scholars, students, practitioners and others with interests in the areas of intellectual property, food law and food studies. (shrink)

Volume 31, Issue 1, January 2023, Page 103-126.

Comparative philosophy of religions -- Disciplinary challenges -- A grammar for comparison -- Comparative philosophy of religions -- Content, structure, and arguments -- Epistemology -- Religious epistemology in classical India: in defense of a Hindu god -- Interpreting Nyāya epistemology -- The Nyāya argument for the existence of Īśvara -- Defending the Nyāya argument -- Shifting the burden of proof -- Against Īśvara: Ratnakīrti's Buddhist critique -- The section on pervasion: the trouble with natural relations -- Two arguments -- The (...) section on the reason property -- The section on the target property -- Is Īśvara the maker of the world? -- Language, mind, and ontology -- The theory of exclusion, conceptual content, and Buddhist -- Epistemology -- The theory of exclusion -- What exclusion is not -- Semantic value -- Ratnakīrti's inferential argument -- Jñānaśrīmitra's three questions -- Ratnakīrti's world: toward a Buddhist philosophy of everything -- An inventory of mental objects/images -- The contents of perception -- The contents of inferential/verbal awareness -- Nonexistence, existence, and ultimate existence -- The Īśvara-inference, revisited -- Who created the world? -- The values of Buddhist epistemology -- Foundational figures and foundational texts -- The soteriological significance of epistemology -- Jñānaśrīmitra on epistemology as pedagogy -- Ratnakīrti's framework of value -- Religious reasoning as religious practice. (shrink)

In this paper I review the problematic relationship between science and philosophy; in particular, I will address the question of whether science needs philosophy, and I will offer some positive perspectives that should be helpful in developing a synergetic relationship between the two. I will review three lines of reasoning often employed in arguing that philosophy is useless for science: philosophy’s death diagnosis ; the historic-agnostic argument/challenge “show me examples where philosophy has been useful for science, for I don’t know (...) of any”; the division of property argument. These arguments will be countered with three contentions to the effect that the natural sciences need philosophy. I will: point to the fallacy of anti-philosophicalism and examine the role of paradigms and presuppositions ; point out why the historical argument fails ; briefly sketch some domains of intersection of science and philosophy and how the two can have mutual synergy. I will conclude with some implications of this synergetic relationship between science and philosophy for the liberal arts and sciences. (shrink)

We defend hylomorphism against Maegan Fairchild’s purported proof of its inconsistency. We provide a deduction of a contradiction from SH+, which is the combination of “simple hylomorphism” and an innocuous premise. We show that the deduction, reminiscent of Russell’s Paradox, is proof-theoretically valid in classical higher-order logic and invokes an impredicatively defined property. We provide a proof that SH+ is nevertheless consistent in a free higher-order logic. It is shown that the unrestricted comprehension principle of property abstraction on (...) which the purported proof of inconsistency relies is analogous to naïve unrestricted set-theoretic comprehension. We conclude that logic imposes a restriction on property comprehension, a restriction that is satisfied by the ramified theory of types. By extension, our observations constitute defenses of theories that are structurally similar to SH+, such as the theory of singular propositions, against similar purported disproofs. (shrink)

Hegel is aware that it is only in the modern world, with the emergence of civil society, that ‘the freedom of property has been recognized here and there as a principle’. Nonetheless, he contends, property is made necessary by the very idea of freedom itself. The purpose of this essay is to explain why this is the case by tracing the logic that leads in Hegel's Philosophy of Right from freedom, through right, to property and its use. (...) I conclude by briefly comparing Hegel and Marx on the topic of ‘value’. (shrink)

An approach to political philosophy: Locke in contexts brings together Professor Tully's most important and innovative statements on Locke in a treatment of the latter's thought that is at once contextual and critical. The essays have been rewritten and expanded for this volume, and each seeks to understand a theme of Locke's political philosophy by interpreting it in light of the complex contexts of early modern European political thought and practice. These historical studies are then used in a variety of (...) ways to gain critical perspectives on the assumptions underlying current debates in political philosophy and the history of political thought. The themes treated include government, toleration, discipline, property, aboriginal rights, individualism, power, labour, self-ownership, community, progress, liberty, participation, and revolution. (shrink)

This book attempts to advance Donald Griffin's vision of the "final, crowning chapter of the Darwinian revolution" by developing a philosophy for the science of animal consciousness. It advocates a Darwinian bottom-up approach that treats consciousness as a complex, evolved, and multidimensional phenomenon in nature rather than a mysterious all-or-nothing property immune to the tools of science and restricted to a single species. -/- The so-called emergence of a science of consciousness in the 1990s has at best been a (...) science of human consciousness. This book aims to advance a true Darwinian science of consciousness in which its evolutionary origin, function, and phylogenetic diversity are moved from the field’s periphery to its very centre, thus enabling us to integrate consciousness into an evolutionary view of life. Accordingly, this book has two objectives: (i) to argue for the need and possibility of an evolutionary bottom-up approach that addresses the problem of consciousness in terms of the evolutionary origins of a new ecological lifestyle that made consciousness worth having and (ii) to articulate a thesis and beginnings of a theory of the place of consciousness as a complex evolved phenomenon in nature that can help us to answer the question of what it is like to be a bat, an octopus, or a crow. -/- A Philosophy for the Science of Animal Consciousness will appeal to researchers and advanced students interested in advancing our understanding of animal minds as well as anyone with a keen interest in how we can develop a science of animal consciousness. (shrink)

When Benjamin Franklin suggested that man is by nature a tool-making animal, he summed up what was for his fellow Americans the common sense of the matter. It is not, then, surprising that, when Britain's colonists in North America broke with the mother country over the issue of an unrepresentative parliament's right to tax and govern the colonies, they defended their right to the property they owned on the ground that it was in a most thorough-going sense an extension (...) of themselves: the fruits of their own labor. This understanding they learned from John Locke, who based the argument of his Two Treatises of Government on the unorthodox account of providence and of man's place within the natural world that Sir Francis Bacon had been the first to articulate. All of this helps explain why the framers of the American constitution included within it a clause giving sanction to property in ideas of practical use. (shrink)

Im this paper I argue that Rawls distinguishes two different ways in which a system can be inconsistent with justice as fairness. The first concerns those systems that are based on principles that simply deny justice as fairness, as in the case of capitalism. The second concerns systems that, while pursuing aims similar to those of justice as fairness, are structured in ways that cause them to work very differently from their intended aims. Following Esping-Andersen’s identification of different “worlds” of (...) welfare states, I will show which specific kind of welfare state falls under Rawls’s first argument. (shrink)

This short reply to my critics begins with four issues concerning my conception of the people’s integrity. I clarify how general morality and, more specifically, liberal political morality, relate to my account of collective integrity. I then turn to address several questions that the critics raise regarding my conception of the people’s property.