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  1. Justice and property: on the institutional thesis concerning property.Christopher Bertram - manuscript
    The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in defining property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal human interests and (...)
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  2. Space War and Property Rights.Stephen Kershnar - 2023 - International Journal of Applied Philosophy 37 (1):65-85.
    Space warfare is warfare that takes place in outer space. It involves ground-to-space, space-to-ground, and space-to-space violence between nations or peoples. The violence can involve kinetic weapons, directed energy weapons, or electronic destruction. International law, specifically, the Outer Space Treaty and SALT I, currently bans weapons of mass destruction from being put into space, although one wonders if one country were to violate the ban whether others would follow suit. In this paper, I argue that that if there is a (...)
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  3. A Minimalist Theory of Appropriation.Gabriele Contessa - 2022 - The Journal of Ethics 26 (2):319-335.
    This paper offers a conditional defence of a minimalist theory of appropriation. The conclusion of its main argument is that, if people do enjoy a natural right to appropriate unappropriated resources, then that right is best understood as a derivative right that stems from a more fundamental natural right to self-preservation. If this conclusion is correct, then insofar as people have a natural right to appropriation, it is much more limited than it is usually assumed, as the minimalist theory places (...)
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  4. Lockean Proviso and Basic Income.Konstantin Morozov - 2022 - Problems of Ethics 11:29-46.
    Libertarianism is a theory of justice that places significant moral weight on exclusive property rights. On this basis, many libertarian philosophers, from Robert Nozick to Michael Huemer, criticize any form of income redistribution. Ironically, some libertarians, following Philippe Van Parijs, Matt Zwolinski, and Charles Murray, have supported the introduction of an unconditional basic income. This essay seeks to prove that this support is not just a political compromise. By contrast, libertarian justice advocates have a strong moral basis for supporting income (...)
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  5. I Own therefore I Am. The Ontology of Property.Marina Christodoulou - 2021 - In Mariano L. Bianca & Paolo Piccari (eds.), Why Does What Exists Exist? Some Hypotheses on the Ultimate “Why” Question. Cambridge Scholars Publishing. pp. 169-182.
    Citation: Marina Christodoulou, “I Own therefore I Am. The Ontology of Property”, In Why Does What Exists Exist? Some Hypotheses on the Ultimate “Why” Question, edited by Mariano L. Bianca,Paolo Piccari. Cambridge Scholars Publishing, 2021, pp. 169-182. Contributors: Mariano L. Bianca, Konstantinos Boultzis, Marina Christodoulou, Maurizio Ferraris, Marco G. Giammarchi, Enrico Guglielminetti, Roberta Lanfredini, Fabio Minazzi, Crister Nyberg, Paolo Piccari, Paolo Rossi. ISBN (10): 1-5275-6294-8; ISBN (13): 978-1-5275-6294-3 -/- -------------- -/- The concept of Property is what attaches us to Existence, (...)
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  6. Bioethics and Non-Consequentialism.Stephen Kershnar - 2021 - International Journal of Applied Philosophy 35 (2):289-307.
    The various features of bioethics center around a person’s right to decide what happens to her body and what she may do with it. This is true for patients and medical professionals. Our intuitions concerning rights in bioethics are similar to our intuitions concerning rights in other areas. Consider, for example, rights concerning movement, privacy, religion, sex, speech, and thought. Intuitively, these rights are consistent with one another, trump other moral considerations, and can be lost. If people were to own (...)
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  7. As Good As ‘Enough and As Good’.Bas van der Vossen - 2021 - Philosophical Quarterly 71 (1):183-203.
    The Lockean theory of property licenses unilateral appropriation on the condition that there be ‘enough, and as good left in common for others’. However, the meaning of this proviso is all but clear. This article argues that the proviso is centered around the Lockean theory of freedom. To be free, I argue, we must be ‘non-subjected’ in the exercise of our rights, including our rights to appropriate. We enjoy such freedom only when the ability to exercise our rights does not (...)
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  8. Property, the environment, and the Lockean Proviso.Bas van der Vossen - 2021 - Economics and Philosophy 37 (3):395 - 412.
    It is common to posit a clear opposition between the values served by property systems and the value of the environment. To give the environment its due, this view holds, the role of private property needs to be limited. Support for this has been said to be found in Locke’s famous ‘enough and as good’ proviso. This article shows that this opposition is mistaken, and corrects the implied reading of Locke’s proviso. In reality, there is no opposition between property and (...)
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  9. First Occupancy and Territorial Rights.M. Blake Wilson - 2020 - Global Encyclopedia of Territorial Rights.
  10. Appropriating Lockean Appropriation on Behalf of Equality.Michael Otsuka - 2018 - In James Penner & Michael Otsuka (eds.), Property Theory: Legal and Political Perspectives. Cambridge: Cambridge University Press. pp. 121-137.
    I argue that the Lockean 'enough and as good' proviso provides support for egalitarian as opposed to libertarian or sufficientarian claims over worldly resources. These egalitarian claims apply to contemporary advanced industrial societies with money-based economies as well as primitive agrarian barter economies. But the full 'luck egalitarian' complement of equality of opportunity for welfare cannot be derived from a Lockean approach that focuses on our egalitarian claims to unowned bits of the world. For that, we need to reach beyond (...)
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  11. Non-autonomous sentient beings and original acquisition.John Hadley - 2017 - Analysis 77 (2):292-299.
    Libertarians concede that non-autonomous sentient beings pose a problem for their theory. But, while they acknowledge that libertarianism denies non-autonomous sentient beings basic moral rights, libertarians have overlooked how their theory also denies non-autonomous sentient beings basic moral powers. In this article, I show how the libertarian entitlement theory of justice, specifically, the theory for the original acquisition of holdings, denies non-autonomous sentient beings the moral power to originally acquire or make property. Attempts to avoid this problem by appealing to (...)
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  12. Wie Aneignung durch Artefaktizität legitimierbar ist. Zu einer Artefakttheorie des originären Eigentumserwerbs materieller Sachen.Nicolas Kleinschmidt - 2017 - In Jürgen H. Franz & Kartsten Berr (eds.), Die Welt der Artefakte. pp. 109-120.
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  13. Society, Its Process and Prospect.Spencer Heath - 2016 - Libertarian Papers 8:211-220.
    Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. Land (...)
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  14. A Kantian Argument against World Poverty.Merten Reglitz - 2016 - European Journal of Political Theory 18 (4): 489–507.
    Immanuel Kant is recognized as one of the first philosophers who wrote systematically about global justice and world peace. In the current debate on global justice he is mostly appealed to by critics of extensive duties of global justice. However, I show in this paper that an analysis of Kant’s late work on rights and justice provides ample resources for disagreeing with those who take Kant to call for only modest changes in global politics. Kant’s comments in the Doctrine of (...)
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  15. Property Rights, Future Generations and the Destruction and Degradation of Natural Resources.Dan Dennis - 2015 - Moral Philosophy and Politics 2 (1):107-139.
    The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...)
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  16. Qu'est-ce que la propriété? Une approche reinachienne.Olivier Massin - 2015 - Philosophie 128 (1):74-91.
    I present and defend Reinach's theory of ownership according to which, prior to the positive law, one finds a distinction between possession, ownership and property rights. Ownership is not a bundle of positive rights, but a primitive natural relation that grounds the absolute right to behave as one wishes towards the thing one owns. In reply to some objections raised against it, I argue that Reinach's theory of property is morally and politically non-committal; and that it in fact has the (...)
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  17. A Critique of Lester's Account of Liberty.Danny Frederick - 2013 - Libertarian Papers 5:45-66.
    In Escape from Leviathan, Jan Lester sets out a conception of liberty as absence of imposed cost which, he says, advances no moral claim and does not premise an assignm..
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  18. Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum).Alejandra Mancilla - 2013 - Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...)
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  19. The Compatibility of Locke's Waste Restriction.Daniel Layman - 2012 - Locke Studies 12:183-200.
    John Locke held that every person has a natural duty to use her property efficiently, and that consent is required for legitimate political power. On the face of it, these two positions seem to be in tension. This is because, (1) according to Locke, it is nearly impossible to use resources efficiently unless one lives within a political community, and (2)the waste restriction is enforceable. Consequently, it might seem that persons living outside civil society may be forced to submit to (...)
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  20. The Metaphysics of Locke's Labour View.Peter Martin Jaworski - 2011 - Locke Studies 11:73-106.
    This paper is an evaluation of John Locke's labour theory of property. Section I sets out Locke's labour view. Section II addresses several possible objections, including against the conceptual coherence of Locke's argument, against the metaphysical implications of his view, as well as foundational criticisms of the moral significance of labour and of my relations with objects that are grounded in labour under certain conditions and circumstances. I attempt to address each of these criticisms in a Lockian spirit, which will (...)
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  21. Natural Intellectual Property Rights and the Public Domain.Hugh Breakey - 2010 - Modern Law Review 73 (2):208-239.
    No natural rights theory justifies strong intellectual property rights. More specifically, no theory within the entire domain of natural rights thinking – encompassing classical liberalism, libertarianism and left-libertarianism, in all their innumerable variants – coherently supports strengthening current intellectual property rights. Despite their many important differences, all these natural rights theories endorse some set of members of a common family of basic ethical precepts. These commitments include non-interference, fairness, non-worsening, consistency, universalisability, prior consent, self-ownership, self-governance, and the establishment of zones (...)
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  22. Without consent: Principles of justified acquisition and duty‐imposing powers.Hugh Breakey - 2009 - Philosophical Quarterly 59 (237):618-640.
    A controversy in political philosophy and applied ethics concerns the validity of duty‐imposing powers, that is, rights entitling one person to impose new duties on others without their consent. Many philosophers have criticized as unplausible any such moral right, in particular that of appropriating private property unilaterally. Some, finding duty‐imposing powers weird, unfamiliar or baseless, have argued that principles of justified acquisition should be rejected; others have required them to satisfy exacting criteria. I investigate the many ways in which we (...)
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  23. What counts as original appropriation?Bas van der Vossen - 2009 - Politics, Philosophy and Economics 8 (4):355-373.
    I here defend historical entitlement theories of property rights against a popular charge. This is the objection that such theories fail because no convincing account of original appropriation exists. I argue that this argument assumes a certain reading of historical entitlement theory and I spell out an alternative reading against which it misfires. On this reading, the role of acts of original appropriation is not to justify but to individuate people’s holdings. I argue that we can identify which acts count (...)
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  24. Lockean justifications of intellectual property.Daniel Attas - 2008 - In Gosseries Axel, Marciano A. & Strowel A. (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave Mcmillan. pp. 29--56.
    This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly (...)
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  25. Własność to złudzenie.Tomasz Żuradzki - 2007 - Rzeczpospolita 12 (19).
    Własność prywatna nie jest żadnym naturalnym uprawnieniem, ale prawną konwencją zdefiniowaną przez system podatkowy. Stopień ingerencji w rzekomo naturalne prawo własności nie może być podstawą oceniania systemów podatkowych, bo sama własność jest wytworem takich systemów. Podatki nie odbierają nam własności, tylko umożliwiają jej istnienie.
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  26. Kant and Dependency Relations: Kant on the State's Right to Redistribute Resources to Protect the Rights of Dependents.Helga Varden - 2006 - Dialogue 45 (2):257-284.
    Contrary to much Kant interpretation, this article argues that Kant's moral philosophy, including his account of charity, is irrelevant to justifying the state's right to redistribute material resources to secure the rights of dependents (the poor, children, and the impaired). The article also rejects the popular view that Kant either does not or cannot justify anything remotely similar to the liberal welfare state. A closer look at Kant's account of dependency relations in “The Doctrine of Right” reveals an argumentative structure (...)
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  27. Excluding Destruction.John Hadley - 2005 - Philosophy in the Contemporary World 12 (2):22-29.
    In this paper I argue that the potentially environmentally destructive scope of a libertarian property rights regime can be narrowed by applying reasonable limits to those rights. I will claim that excluding the right to destroy from the libertarian property rights bundle is consistent with self-ownership and Robert Nozick’s interpretation of the Lockean proviso.
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  28. „Ihr seid verloren, wenn ihr vergeßt, daß die Früchte allen gehören und die Erde niemandem“: Rousseaus Eigentumskonzeption,.Michaela Rehm - 2005 - In Bernd Ludwig & Andreas Eckl (eds.), Was ist mein? Beck. pp. 103-117.
    The paper is an analysis of Rousseau’s concept of property. It shows that Rousseau wants to draft a new system of politics that will not forbid private property but will limit its scale. It aims to clarify that Rousseau owes much to John Locke’s theory and even adopts Locke’s definition that it is a basic purpose of the social contract to protect the citizen’s property. It is argued that in spite of these similarities Rousseau’s account differs fundamentally from Locke’s. Having (...)
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  29. Private property rights and autonomy.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:231-258.
    A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an object, e.g., (...)
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  30. Aboriginal entitlement and conservative theory.David R. Lea - 1998 - Journal of Applied Philosophy 15 (1):1–14.
    It is noteworthy that much of recent liberal scholarship aimed at empowering aboriginal peoples, and supporting their land rights, has often unwittingly embraced the conservative Lockean‐Nozickian tradition rather than the tradition of left‐leaning thinkers. Many of the supporters of aboriginal land rights tend to view property rights as contingently determined historical entitlements which are established independently of the state’s authority, thereby creating structures which morally bind the authority of the state. This, in fact, also represents the view of the conservative (...)
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  31. Book Review: 'An Essay on Rights,' Hillel Steiner. [REVIEW]Frederick Danny - 1995 - Free Life 24:26-27.
    Hillel Steiner’s argument in this book is bold, imaginative and illuminating, despite being vitiated by some logical errors and a wholly impractical redistributive method.
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  32. Intellectual Trespassing as a Way of Life: Essays in Philosophy, Economics, and Mathematics.David P. Ellerman - 1995 - Rowman & Littlefield Publishers.
    Dramatic changes or revolutions in a field of science are often made by outsiders or 'trespassers,' who are not limited by the established, 'expert' approaches. Each essay in this diverse collection shows the fruits of intellectual trespassing and poaching among fields such as economics, Kantian ethics, Platonic philosophy, category theory, double-entry accounting, arbitrage, algebraic logic, series-parallel duality, and financial arithmetic.
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  33. Liberties, Not Rights: Gauthier and Nozick on Property.Paul Torek - 1994 - Social Theory and Practice 20 (3):343-361.
    In "Morals by Agreement", David Gauthier attempts to derive property rights from a moral principle called the Lockean proviso. The derivation fails, and the true implications of the moral principles which Gauthier invokes are quite different. These principles imply that persons have extensive liberties to use physical materials, but relatively few rights against interference by others in this use. Robert Nozick argues for an extensive system of property rights in "Anarchy, State, and Utopia"; his argument fails for similar reasons.
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  34. Providing for Rights.Donald C. Hubin & Mark B. Lambeth - 1988 - Dialogue 27 (3):489-.
    Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...)
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  35. Justice and the Initial Acquisition of Property.John T. Sanders - 1987 - Harvard Journal of Law and Public Policy 10 (2):367-99.
    There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...)
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  36. The labor theory of property acquisition.Lawrence C. Becker - 1976 - Journal of Philosophy 73 (18):653-664.
    This symposium paper for the APA analyzes Locke's labor theory of property acquisition as a formal argument – or set of alternative arguments – and shows how several of them are indeed sound, if appropriately limited by what amounts to a social welfare proviso. That proviso is, however, strong enough to limit the acquisition of private property in a significant way. The argument here anticipates fuller and more decisive ones in later work by the same author.
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  37. Locke's theory of appropriation.Karl Olivecrona - 1974 - Philosophical Quarterly 24 (96):220-234.
  38. The Retributive Theory of Property.Terrance Tomkow - manuscript