Abstract: In this paper, I examine the current case against the second-order property view of existence through a discussion of Colin McGinn's up to date statement of this case. I conclude that the second-order property view of existence remains viable.

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)

Philosophical tradition holds that sounds, like colors, are sensible properties. Recently, however, there is a growing consensus in favor of the view that sounds are particulars, not properties. This article bucks the trend: it argues for the Event-Property View of Sounds – a widely overlooked and intuitively plausible version of the traditional view that not only avoids the difficulties that have led philosophers to opt for particularist alternatives, but does justice to the best insights of recent (...) philosophical and empirical work on audition. In other words, it saves the truth in tradition by transforming it in light of new insight. (shrink)

In this paper, I try to demonstrate a problem with two medieval European views of existence: The property view and the essence view. Adopting a style of reasoning employed by the Indian Madhyamaka philosopher Nāgārjuna, I argue that both the property view and the essence view understand the relation between an object and its existence in terms of difference: The former understands the difference as the difference between an object and its property of (...) existence, and the latter, as the difference between an object’s essence and existence. Neither understanding is without problems, and both lack explanatory power. We must reject both the views. (shrink)

Philosophers of perception have a notoriously difficult time trying to account for hallucinatory experiences. One surprisingly quite popular move, and one that cross-cuts the representationalism/relationalism divide, is to say that hallucinations involve an awareness of uninstantiated properties. In this paper, I provide a new argument against this view. Not only are its proponents forced to classify many hallucinations as veridical, such experiences turn out to be necessarily veridical. In addition, I show that representationalists who endorse the uninstantiated property (...) view must reject the common fundamental kind claim and adopt disjunctivism, and naïve realists/relationalists must radically modify their disjunctivism: The distinction between ‘veridical’ and ‘hallucinatory’ will no longer track a metaphysical distinction between the relevant experiences. (shrink)

We experience the intuition of distinctness when, for example, we attend introspectively to the phenomenal redness of a current visual sensation and it seems to us that that very property could not literally be a physical property of neural activity in a certain tiny region of our brain. The book begins by arguing that the intuition of distinctness underlies certain otherwise puzzling attitudes manifested in debates both inside and outside philosophy about whether physicalism (or materialism) can accommodate phenomenal (...) properties (or qualia). It then argues systematically against the dualist suggestion that the intuition of distinctness gives us reason to reject the physicalist view that phenomenal properties are physical, and to adopt property dualism instead. In the course of the argument, it defends an unorthodox version of representationalism and offers positive accounts of what makes our introspective knowledge of phenomenal properties special, how introspection could tell us that an introspected property is physical, and what the subjectivity of phenomenal properties could be. Finally, after critically surveying previous attempts to account for the intuition of distinctness consistently with physicalism, it elaborates a novel explanation of the intuition of distinctness. The intuition arises because introspection is, in a certain way, conceptually encapsulated, as a result of which we are unable to do something that we can do in the case of every other kind of identity claim that we believe or entertain, and therefore unable to believe, or even to imagine believing, that an introspected phenomenal property is physical. (shrink)

In this paper, we do two things: first, we offer a metaphysical account of what it is to be an individual person through Hegel’s understanding of the concrete universal; and second, we show how this account of an individual can help in thinking about love. The aim is to show that Hegel’s distinctive account of individuality and universality can do justice to two intuitions about love which appear to be in tension: on the one hand, that love can involve a (...) response to properties that an individual possesses; but on the other hand, what it is to love someone is not just to love their properties, but to love them as the distinct individual they are. We claim that Hegel’s conception of the relation between individuals and their properties, which relies on his account of the concrete universal, can resolve this tension and make sense of this aspect of love. (shrink)

In the original article published, the supplementary material is uploaded by mistake which has no association with the content of the article.

Visual perception is widely taken to present properties such as redness, roundness, and so on. This in turn might be thought to give rise to accuracy conditions for experience, and so content, regardless of which metaphysical view of perception one endorses. An influential version of this argument—Susanna Siegel’s ’Argument from Appearing’—aims to establish the existence of content as common ground between representational and relational views of perception. This goes against proponents of ‘austere’ relationalism who deny that content plays a (...) substantive role in philosophical explanations of conscious perceptual experience. Though Siegel’s argument purports to be neutral with respect to the metaphysics of perception, it relies upon an equivocation between the presentation of property-types and property-instances. Consequently, the argument begs the question against the austere relational view, and so fails to establish the desired conclusion. So while relationalists can and should allow that experiences have accuracy conditions, it does not follow from this that they have contents of any philosophically interesting or significant kind. (shrink)

The body of information on the Internet is becoming increasingly geographical. This is both due to the expansion of established categories of geographic information and to the simultaneous enrichment of other types of information through geographic identifiers. As this repository of geographic information expands, it is also a key site for multiple processes of commodification transforming informational resources into market goods. Understanding the dynamics driving the integration of geographic information into the digital economy requires a comprehensive political economic analysis. A (...) key component of this analysis is to explain the logics of creation and allocation of economic value from geographic information on the Internet. Addressing this need, in the present article I deploy the property regimes schema developed by Schlager and Ostrom and expand it to elucidate the differentiated commodification processes of geographic information on the Internet. Property regimes are arrangements that define rules, distribute rights, and delineate roles with respect to particular goods. These arrangements are enabled by elements such as legal frameworks, jurisdictions, type of information, and technologies of access. In this article, I explore how the legal frameworks regulating traditional categories of geographic information have been destabilized in the process of technological innovation, leading to the creation of new informational goods along with their respective property regimes, and rearticulating legal, economic, and sociotechnical relations. To illustrate this, I analyze the case of Google Street View images through their property regimes in various jurisdictions. (shrink)

One view of the nature of properties has been crystallized in recent debate by an identity thesis proposed by Shoemaker. The general idea is that there is for behaviour. Well-known criticisms of this approach, however, remain unanswered, and the details of its connections to laws nothing more to being a particular causal property than conferring certain dispositions of nature and the precise ontology of causal properties stand in need of development. This paper examines and defends a dispositional essentialist (...) account of causal properties, combining a Shoemaker-type identity thesis with a Dretske, Tooley, and Armstrong-type view that laws are relations between properties, and a realism about dispositions. The property identity thesis is defended against standard epistemological and metaphysical objections. The metaphysics of causal properties is then clarified by a consideration of the laws relating them, vacuous laws, and ceteris paribus law statements. (shrink)

This article challenges the long-standing boundary that separates human beings from non-human entities, whether animate or inanimate. In doing so, it engages with the jurisprudential strands that debate the transformative power of law in moving towards a fuller recognition of human relations with non-human entities. To this end, the article first examines the legal theoretical strategies that scholars have so far developed to overcome the dichotomous vision that pits humans against non-humans. It then argues for a new model of understanding (...) property, called cont(r)actualisation, which seeks to reconfigure existing strategies. It makes the case that the legal categories of person and object should be brought together under the overarching heading of ‘legal entity’. Rather than being built around humans as persons/subjects and non-human entities as objects/objects, law should be built around the contingent points of contact between particular entities in a particular web of relations. In this way, the article advances a view that does justice to how these entities contribute to what human beings are and do. (shrink)

오늘날 환경문제를 극복하기 위해서는 다양한 방법의 접근들이 있다. 사회적, 기술적, 정치적, 문화적, 경제적, 윤리적 접근들이 그것이다. 제 접근들은 근거와 처방이 서로 다르다. 복합적인 성격의 환경문제에는 복합적인 접근법이 필요할 것이다. 그러나 제접근법 중에서 토대가 되는 것은 윤리적 접근법이다. ‘무소유 정신’은 생태윤리의 기반으로서 적용될 수 있다. ‘무소유 정신’의 사상적 기원은 동서양의 종교적 전통 및 다양한 사상들에 내재되어 있다. 특히 불교사상과 깊은 연관을 지닌다. ‘무소유 정신’은 생태적 능력과 맥락을 같이 한다. 생태윤리의 근거로서의 ‘무소유 정신’은 세 가지의 특징적인 요소를 갖고 있다. 첫째, ‘무소유 정신’은 (...) 인간의 허위욕구가 아니라, 참된 욕구에서 나온다. 둘째, ‘무소유 정신’은 사물에 대한 무집착을 요청한다. 셋째, ‘무소유 정신’은 ‘축소된 자아’에서 탄생한다. 소비와 관련한 ‘무소유 정신’의 핵심개념은 넓은 의미에서의 지속가능한 소비이다. 지속가능한 소비는 세 가지의 소비로 구분될 수 있다. 세 가지 소비의 특징은 각각 좁은 의미의 지속가능한 소비 즉, 자기규제적 소비, 나눔의 소비, 그리고 생태적 소비이다. ‘무소유 정신’을 구현하기 위한 실천적 과제로는 인간욕구에 대한 재점검, 생태문명에 대한 인식의 전환, 그리고 생태교육으로서의 ‘무소유 정신’교육이 필요하다. (shrink)

In a recent issue of this journal, Jorn Sonderholm presents two main criticisms of my 2008 case for a diachronic view of base property exemplification in metaethics. This essay contends that neither of Sonderholm’s criticisms hit their mark, and that there are additional reasons to adopt a diachronic view of base property exemplification. Thus, the case for a diachronic view of base property exemplification in metaethics is stronger than previously thought.

A couple of doubts are raised concerning Hofweber’s internalist view of our talk about properties. The first doubt relates to the argument used in support of the internalist view of talk about properties: I suspect that one of the premises of the argument is not granted and therefore that the argument’s conclusion is undermined. My second doubt concerns a claimed consequence of Hofweber’s internalist view, i.e. conceptual idealism. It seems to me that conceptual idealism is incompatible with (...) the internalist view of talk about properties. (shrink)

A couple of doubts are raised concerning Hofweber’s internalist view of our talk about properties. The first doubt relates to the argument used in support of the internalist view of talk about properties: I suspect that one of the premises of the argument is not granted and therefore that the argument’s conclusion is undermined. My second doubt concerns a claimed consequence of Hofweber’s internalist view, i.e. conceptual idealism. It seems to me that conceptual idealism is incompatible with (...) the internalist view of talk about properties. (shrink)

Many languages offer a surprisingly complex range of options for referring to entities using expressions whose main descriptive content is contributed by an adjective, such as Dutch de blinde ‘the blind,’ het besprokene, ‘the discussed,’ or het ongewone van het niet roken ‘the strange about not smoking.’ In this paper, we present a case study of the syntax and compositional semantics of three such constructions in Dutch, one of which we argue has not previously been identified in the literature. The (...) data and the analysis will shed light on our understanding of how reference using adjectives differs from that using nouns in languages that have the two categories, as well as on the differences between reference to entities via their properties vs. reference to properties themselves. Finally, we briefly discuss related work and indicate directions for future study of the typological variation found in this rich and highly understudied corner of natural language. (shrink)

In this paper I argue that the requirement for the qualitative is theory-dependent, determined by the fundamental assumptions built into the ontology. John Heil’s qualitative, in its role as individuator of objects and powers, is required only by a theory that posits a world of distinct objects or powers. Does Heil’s ‘deep’ view of the world, such that there is only one powerful object require the qualitative as individuator of objects and powers? The answer depends on whether it is (...) possible to account for the manifest objects and the ostensible spatial primacy of our perceived world without recourse to the qualitative. In this paper I outline just such an account with the intention of extending Heil’s efforts to incorporate fundamental power in the world while providing a coherent explanation for our strong intuition of spatial, as against relational, priority. (shrink)

This paper examines the need for static dispositions within the basic ontology of the powers view of properties. To lend some focus, Neil Williams’s well developed case for static dispositions is considered. While his arguments are not necessarily intended to address fundamental ontology, they still provide a useful starting point, a springboard for diving into the deeper metaphysical waters of the dispositionalist approach. Within that ontological context, this paper contends that Williams’s arguments fail to establish the need to posit (...) static dispositions, or at least any sort not already well appreciated by advocates of the powers view. The paper then proceeds to suggest an alternative motivation for positing static dispositions, the success of which depends greatly on which ontological approach to objects is paired with the powers view. (shrink)

캘러브레시와 멜라메드가 전개한 법 분석의 틀은 재산법이나 불법행위법과 같은 개별 영역에서 전통적으로 분석되어 오던 다양한 법적 관계를 통합하는 역할을 하리라 기대된다. 캘러브레시와 멜라메드는 관련 분야의 연구자들이 간과해 왔던 오염 문제를 해결하기 위해 자신들의 모델을 사용하고, 또한 형사 제재 관련 쟁점에 그러한 모델을 적용함으로써 통합적 접근의 효용을 입증하고자 한다.

Intentionalism is the view that the phenomenal character of an experience is wholly determined by its representational content is very attractive. Unfortunately, it is in conflict with some quite robust intuitions about the possibility of phenomenal spectrum inversion without misrepresentation. Faced with such a problem, there are the usual three options: reject intentionalism, discount the intuitions and deny that spectrum inversion without misrepresentation is possible, or find a way to reconcile the two by dissolving the apparent conflict. Sydney Shoemaker's (...) (1994) introduction of appearance properties is a particularly ingenious way of pursuing the third strategy, by maintaining that there is a representational difference between the phenomenally spectrum-inverted subjects.2 In introducing appearance properties, Shoemaker does two things: he identifies a theoretical role for some family of properties to play, and he suggests a family of properties as candidates to play that role. I'll argue that his proposed candidates do not play the role as well as we would like, suggest some new candidates, and argue that they do a better job. (shrink)

In this paper, I discuss Noë’s enactive account of our perceptual encounter with the intrinsic properties of the surrounding objects. First, I argue that this view falls into a dilemma in which either we are left without a satisfactory explanation of this encounter or, in order to keep Noë’s view, we must abandon our ordinary intuitions about the ontological status of the intrinsic properties of objects. Then, I show that, strikingly, there is a suggestive unofficial strand running in (...) Noë that avoids this dilemma. Finally, I argue this unofficial thread leads to a view about the perspectival character of perceptual experience and the place of sensorimotor understanding in perceptual content that is to be preferred over Noë’s official view about these issues. (shrink)

Metaphysical orthodoxy holds that a privileged minority of properties carve reality at its joints. These are the so-called fundamental properties. This thesis concerns the contemporary philosophical debate about the nature of fundamental properties. In particular, it aims to answer two questions: What is the most adequate conception of fundamental properties? What is the “big picture” world-view that emerges by adopting such a conception? I argue that a satisfactory answer to both questions requires us to embrace a novel conception of (...) powerful qualities, according to which properties are at once dispositional and qualitative. By adopting the proposed conception of powerful qualities, an original theory of fundamental properties comes to light. I call it Dual-Aspect Account. In this thesis, I defend the Dual-Aspect Account and its superiority with respect to rival views of fundamental properties. I illustrate this claim by examining Dispositionalism, the view defended among others by Alexander Bird and Stephen Mumford, Categoricalism, which has been advocated notably by David Lewis and David Armstrong, and the Identity Theory of powerful qualities, primarily championed by C. B. Martin and John Heil. The latter is the standard conception of powerful qualities. However, in the literature, the Identity Theory faces the charge of contradiction. A preliminary task is therefore to show that a conception of powerful qualities is coherent. To accomplish this aim, I introduce the notion of an aspect of a property. On this interpretation, powerful qualities can be thought of as having dispositional and qualitative aspects. I show that such a conception allows us to disambiguate the claim that a property’s dispositionality is identical with its qualitativity, and evade the charge of contradiction. Aspects bring us other theoretical benefits. I illustrate this claim by showing how the Dual-Aspect Account offers us a promising theory of resemblance. I then compare its merits with David Armstrong’s theory of partial identity. The conclusion of this thesis is that the Dual-Aspect Account is better suited to capturing the world as we find it in everyday life and scientific investigation as compared to the theoretical positions examined. (shrink)

I believe that a radically fine-grained property-exemplification theory is the right approach to the metaphysics of events. In this paper I will not be arguing for this detail but will be more concerned with issues over the internal consistency of the property-exemplification theory; in particular, I want to resolve issues about the individuation of property-tokens.

This paper develops a Lockean account of literary property. Seana Shiffrin has recently argued, on the basis of an egalitarian interpretation of Locke's theory of property, that the Lockean view does not justify property rights in intellectual works. I argue that Shiffrin fails to take an important strand of Locke's view into account, namely, the view that makers have rights to what they have made. If this aspect of Locke's view is given its (...) proper place, a plausible Lockean account of property in literary works can be developed. This account of literary property places us in a better position to appreciate both the strengths and weaknesses of the Lockean theory of intellectual property. (shrink)

A critique of Milton Friedman's thesis that corporate executives have a fiduciary responsibility not to pursue socially desirable goals at the expense of profitability. The author argues that even under a libertarian conception of the nature of corporate property, Friedman's thesis does not follow. In particular, an executive's decision to prize "socially responsible behavior" above profit maximization does not necessarily violate the contractual rights of dissenting stockholders. Whether executives have obligations to refrain from such behavior depends entirely on the (...) content of the contract which actually exists between stockholders and executives. After an examination of the body of legal precedent which informs the content of that contract, the author concludes that there are clearly recognizable circumstances in which executives may legitimately pursue corporate altruism at the expense of profits, stockholder protestations notwithstanding. Since this contractual relationship with management is one in which stockholders have voluntarily engaged, libertarians have no grounds for complaining that the behavior of such executives constitutes a form of theft of the stockholders' property. (shrink)

In “Properties and the Interpretation of Second-Order Logic” Bob Hale develops and defends a deflationary conception of properties where a property with particular satisfaction conditions actually exists if and only if it is possible that a predicate with those same satisfaction conditions exists. He argues further that, since our languages are finitary, there are at most countably infinitely many properties and, as a result, the account fails to underwrite the standard semantics for second-order logic. Here a more lenient version (...) of the view is explored, which allows for the possibility of countably infinite predicates understood as the product of linguistic supertasks. This enriched deflationist account of properties—the Infinitary Deflationary Conception of Existence—supports the standard semantics for models with countable first-order domains, and allows one to prove the categoricity of the second-order Peano axioms. (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)

Jonathan Schaffer argues against a necessary connection between properties and laws. He takes this to be a question of what possible worlds we ought to countenance in our best theories of modality, counterfactuals, etc. In doing so, he unfairly rigs the game in favor of contingentism. I argue that the necessitarian can resist Schaffer’s conclusion while accepting his key premise that our best theories of modality, counterfactuals, etc. require a very wide range of things called ‘possible worlds’. However, the necessitarian (...) can and should insist that, in many cases, these worlds are not metaphysically possible. I will further argue that, having taken such a stance, the necessitarian has additional resources to respond to Schaffer’s other arguments against the view. (shrink)

Fundamental properties and the laws of nature go hand in hand: mass and gravitation, charge and electromagnetism, spin and quantum mechanics. So, it is unsurprising that one's account of fundamental properties affects one's view of the laws of nature and vice versa. In this essay, I will survey a variety of recent attempts to provide a joint account of the fundamental properties and the laws of nature. Many of these accounts are new and unexplored. Some of them posit surprising (...) entities, such as counterfacts. Other accounts posit surprising laws of nature, such as instantaneous laws that constrain the initial configuration of particles. These exciting developments challenge our assumptions about our basic ontology and provide fertile ground for further exploration. (shrink)

The concept of self-ownership was first articulated in anglophone political thought in the decades between the outbreak of the English Civil War and the Glorious Revolution. This book traces the emergence and evolution of self-ownership over the course of this period, culminating in a reinterpretation of John Locke's celebrated but widely misunderstood idea that "every Man has a Property in his own Person." Often viewed through the prism of libertarian political thought, self-ownership has its roots in the neo-Roman or (...) republican concept of liberty as freedom from dependence on the will of another. As Lorenzo Sabbadini reveals, seventeenth-century writers believed that the attainment of this status required not only a specific kind of constitution but a particular distribution of property as well. Many regarded the protection of private property as constitutive of liberty, and it is in this context that the vocabulary of self-ownership emerged. Others expressed anxieties about the corrupting effects of excessive concentrations of wealth or even the institution of private property itself. Bringing together canonical republican writers such as John Milton and James Harrington, lesser-known pamphleteers, and Locke, a theorist generally regarded as being at odds with neo-Roman thought, Property, Liberty, and Self-Ownership in Seventeenth-Century England is a bold, innovative study of some of the most influential concepts to emerge from this groundbreaking period of British history. "This book is a major achievement, offering a novel and highly original account of property and liberty in seventeenth-century English republican thought. It is a brilliant piece of scholarship that makes an important contribution to the history of early modern political thought." Markku Peltonen, University of Helsinki. (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 (...) class='Hi'>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)

For the last several decades, dispositional properties have been one of the main topics in metaphysics. Still, however, there is little agreement among contemporary metaphysicians on the nature of dispositional properties. Apparently, though, the majority of them have reached the consensus that dispositional ascriptions cannot be analysed in terms of simple counterfactual conditionals. In this paper it will be brought to light that this consensus is wrong. Specifically, I will argue that the simple conditional analysis of dispositions, which is generally (...) thought to be dead, is in fact an adequate analysis of dispositions. I will go on to discuss Mumford’s view of dispositions from the perspective of the simple conditional analysis of dispositions. (shrink)

Concern about the commercialization of research is rising, notably in testing new drugs. The problem involves oversimplified, polarizing assumptions about research and development (R&D) and intellectual property (IP). To address this problem this paper sets forth a more complex three phase RT&D process, involving Scientific Research (R), Technological Innovation (T), and Commercial Product Development (D) or the RT&D process. Scientific research and innovation testing involve costly intellectual work and do not produce free goods, but rather require IP regulation. RT&D (...) processes involve an unrecognized IP shift from a common IP right in public goods like information and knowledge to private IP in products and other hard assets. The question then is, what kind of IP right: private or common? Since scientific research and innovation testing require openness about adverse findings, and wide, low cost diffusion of results, they require a common, inclusive IP right. Common IP is appropriate to both sharing knowledge goods and recovering the cost of production. Research is furthermore compatible with commercialization and support by other social interests. On the other hand it is incompatible with the exclusionary private IP rights that permit restrictive publication or total suppression of information. Private IP rather than commercialization conflicts with the openness requirements of scientific research and innovation testing. Commercial funding, however, is in principle compatible with research and testing, especially when regulated by a common IP right. This reflects a pragmatic view of the fundamental interconnections of knowledge and other social interests. (shrink)

Powers are popularly assumed to be distinct from, and dependent upon, inert qualities, mainly because it is believed that qualities have their nature independently of other properties while powers have their nature in virtue of a relation to distinct manifestation property. George Molnar and Alexander Bird, on the other hand, characterize powers as intrinsic and relational. The difficulties of reconciling the characteristics of being intrinsic and at the same time essentially related are illustrated in this paper and it is (...) argued that the reasons for thinking of powers as essentially relational are based on misguided epistemological consideration. Finally, I present a way of thinking of fundamental properties as primitive natures that we can only understand in virtue of what they do but which we should not think of as being ontologically constituted by these doings. According to this view, properties are both qualities and powers. (shrink)

This paper puts forward the hypothesis that the distinctive features of quantum statistics are exclusively determined by the nature of the properties it describes. In particular, all statistically relevant properties of identical quantum particles in many-particle systems are conjectured to be irreducible, ‘inherent’ properties only belonging to the whole system. This allows one to explain quantum statistics without endorsing the ‘Received View’ that particles are non-individuals, or postulating that quantum systems obey peculiar probability distributions, or assuming that there are (...) primitive restrictions on the range of states accessible to such systems. With this, the need for an unambiguously metaphysical explanation of certain physical facts is acknowledged and satisfied. (shrink)

The question of specific properties of life compared to nonliving things accompanied biology throughout its history. At times this question generated major controversies with largely diverging opinions. Basically, mechanistic thinkers, who tried to understand organismic functions in terms of nonliving machines, were opposed by those who tried to describe specific properties or even special forces being active within living entities. As this question included the human body, these controversies always have been of special relevance to our self-image and also touched (...) practical issues of medicine. During the second half of the twentieth century, it seemed to be resolved that organisms are explainable basically as physicochemical machines. Especially from the perspective of molecular biology, it seemed to be clear that organisms need to be explained solely by the chemical functions of their component parts, although some resistance to this view never ceased. This research program has been working quite successfully, so that science today knows a lot about the physiological and chemical processes within organisms. However, again new doubts arise questioning whether the mere continuation of this analytical approach will finally generate a fundamental understanding of living entities. At the beginning of the twenty-first century the quest for a new synthesis actually comes from analytical empiricists themselves. The hypothesis of the present paper is that empirical research has been developed far enough today, that it reveals by itself the materials and the prerequisites to understand more of the specific properties of life. Without recourse to mysterious forces, it is possible to generate answers to this age-old question, just using recent, empirically generated knowledge. This view does not contradict the results of reductionistic research, but rather grants them meaning within the context of organismic systems and also may increase their practical usefulness. Although several of these properties have been discussed before, different authors usually concentrated on a single one or some of them. The paper describes ten specific properties of living entities as they can be deduced from contemporary science. The aim is to demonstrate that the results of empirical research show both the necessity as well as the possibility of the development of a new conception of life to build a coherent understanding of organismic functions. (shrink)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is (...) weaker than the correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Do properties have intrinsic properties of their own? If so, which second-order properties are intrinsic? This paper introduces two competing views about second-order intrinsicality: generalism, according to which the intrinsic–extrinsic distinction cuts across all orders of properties and applies to the properties of properties as well as the properties of objects, and objectualism, according to which intrinsicality is a feature exclusive to the properties of objects. The case for generalism is then surveyed along with some proposals for distinguishing intrinsic second-order (...) properties from extrinsic ones. After addressing these broad questions about the nature of second-order intrinsicality, the Problem of Accidental Intrinsic Properties of Properties is introduced and put to work as a case study for the significance of second-order intrinsicality. The connection between this problem and the metaphysics of quantitative properties is then examined. (shrink)

The interpretation of Lewis‘s doctrine of natural properties is difficult and controversial, especially when it comes to the bearers of natural properties. According to the prevailing reading – the minimalist view – perfectly natural properties pertain to the micro-physical realm and are instantiated by entities without proper parts or point-like. This paper argues that there are reasons internal to a broadly Lewisian kind of metaphysics to think that the minimalist view is fundamentally flawed and that a liberal (...) class='Hi'>view, according to which natural properties are instantiated at several or even at all levels of reality, should be preferred. Our argument proceeds by reviewing those core principles of Lewis‘s metaphysics that are most likely to constrain the size of the bearers of natural properties: the principle of Humean supervenience, the principle of recombination in modal realism, the hypothesis of gunk, and the thesis of composition as identity. (shrink)

Ansgar Beckermann Once, a mind-body theory based upon the idea of supervenience seemed to be a promising alternative to the various kinds of reductionistic physicalism. In recent years, however, Jaegwon Kim has subjected his own brainchild to a very thorough criticism. With most of Kim’s arguments I agree wholeheartedly - not least because they converge with my own thoughts.² In order to explain the few points of divergence with Kim’s views, I shall have to prepare the ground a little. In (...) the course of this paper I will therefore do two things: At the start, I will try to sketch the logical topography of the „solution space“ of the problem Kim is concerned with. As a second step, I shall then comment on the concepts of identity, realization and reduction and attempt to show that Kim’s concept of realization is too narrow, because he is still very much in the grip of the traditional view with regard to what it means to show that a property _F _is identical with, or realized by, another property _G_. (shrink)

ABSTRACT In ‘Properties, Propositions, and Conditionals’ Field [2021] advances further on our understanding of the logic and meaning of naive theories – theories that maintain, in the face of paradox, basic assumptions about properties and propositions. His work follows in a tradition going back over 40 years now, of using Kripke fixed-point model constructions to show how naive schemas can be (Post) consistent, as long as one embeds in a non-classical logic. A main issue in all this research is the (...) question of finding a suitable conditional for the naive schemas, an implication connective that is well-behaved enough to be useful but weak enough to maintain coherence when there are paradoxes in the surrounding aether. Field takes several cues from the exemplary work of Ross Brady. Brady's work is predominantly concerned with models for naive theories in relevant logic. Field's considered view is that ‘relevant conditionals are just the wrong tool for naive theories’ [ibid.: 140]. In this note, I reply that a relevant conditional is an indispensable tool for at least one very important job: giving identity conditions for properties. (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)

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)

Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected in (...) terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Finally, I will argue that adopting the institutions of copyright, patent, and trade secret is one way we can avoid these sub-optimal results. (shrink)

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)