: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

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 (...) depend on others. That can obtain if literally enough and as good is left in common. But it can also obtain in other ways, for example through competitive labour markets. The latter offer something as good as ‘enough and as good’. (shrink)

Locke argues that the consent of market participants to the introduction of money justifies the economic inequalities resulting from monetarization. This paper shows that Locke’s argument fails to justify such inequalities. My critique proceeds in two parts. Regarding the consequences of the consent to money, neo-Lockeans wrongly take consent to justify inequalities in the original appropriation of land. In contrast, I defend the view that consent can only justify inequalities resulting directly from monetized commercial exchange. Secondly, regarding the nature of (...) consent, neo-Lockeans uncritically accept Locke’s account of money as a natural institution. In contrast, I argue that money is an irreducibly political institution and that monetary economies cannot develop in the state of nature. My political account of money has far-reaching implications for the normative analysis of the global monetary system and the justification of the economic inequalities consequent upon it. (shrink)

This paper contrasts three non-skeptical ways of explaining and reconciling political struggles: monologue, instrumental dialogue, and a comparative dialogical approach promoted by Charles Taylor and James Tully. It surveys the work of Taylor and Tully to show three particular family resemblances: their emphasis on practice, irreducible diversity, and periodic reconciliation. These resemblances are evident in the way they employ dialogical approaches to explain struggles over recognition and distribution. They describe these as dialogical actions, and suggest that a form of dialogical (...) comparison might reconcile their various contested demands. (shrink)

This essay disputes one of the central claims in Jeremy Waldron?s God, Locke, and Equality (2002), that being the claim that Locke?s arguments about species in An Essay Concerning Human Understanding undercut his assertions about the equality of the human species as a matter of natural law in Two Treatises of Government. It argues, firstly, and pace Waldron, that Locke?s view of natural law is foundational to his view of man, not vice versa, and, secondly, that Two Treatises is written (...) in an idiom different from Locke?s philosophical writings, such that directly transposing the ideas discussed in one idiom to the other is as confused as it is confusing. After providing a new account of the relationship between Locke?s philosophy and his views of morality, politics and religion, the essay concludes that Waldron fails to grasp the style and structure of Locke?s thinking, and so cumulatively misunderstands and distorts Locke?s views about moral identity, toleration, religion and politics alike. (shrink)

En la posición de algunos libertarianos, los derechos sociales son inexistentes como "derechos". Quiero ubicar primero los planteamientos principales de algunos libertarianos y posteriormente mostrar las posiciones de Locke. Esto nos permitiría rastrear las condiciones de posibilidad de fundamentación de los derechos económicos y sociales desde los orígenes del pensamiento liberal. Sostengo que existe una contradicción entre los principios teóricos planteados por Locke y las propuestas radicales de los libertarianos y muestro el modo como desde Locke se sustenta la necesidad (...) de la redistribución económica en aras de una mayor igualdad política. In some libertarian's opinion, social rights are inexistent as 'rights'. In this paper, I will first identify some of the main libertarian's approaches to then show Locke's positions. This will allow tracing the conditions for the potential foundations of the economic and social rights back to the beginnings of the liberal thought. I argue that there is a contradiction between Locke's theoretical principles and the libertarian's radical approaches. Finally, I show how the need for an economic redistribution looking toward a greater political equality can be supported based on Locke. (shrink)

Responding to criticism by Gordon Sollars and Frank Englander, this paper highlights a significant tension in recent debates over the ethics of global supply chains. This tension concerns the appropriate focus and normative frame for these debates. My first goal is to make sense of what at first reading seems to be a very odd set of claims: that valuing free, autonomous, and respectful markets entails a “fetish for philosophical purity” that is inconsistent with a moral theory that finds no (...) wrong in harming workers, including the least advantaged among them. Sollars and Englander reach these conclusions, I believe, because their criticism assumes and relies upon the presumption of a global prioritarian frame, one which focuses individual welfare, and which they then apply at the level of individual political and economic actors. Much of Benjamin Powell and Matt Zwolinski’s work, I continue, including their criticism of political and economic activism and Powell’s indictment of organized labor, relies on a similar frame—while expanding the harms to include the freedom and autonomy of would-be sweatshop workers. This prioritarian frame, I argue, is particularly poorly suited to discussion of the ethical responsibilities of individual economic and political actors. We ought to reject it. To make progress on debates over global sweatshops, and the ethics of global supply chains in general, we need a better frame, and better standards of freedom and autonomy, than those invoked by many prominent defenders of sweatshops. (shrink)

Algunas formulaciones de la filosofía política reciente han descuidado el carácter históricamente indexado de conceptos como libertad política, propiedad o soberanía, propiciando un uso anacrónico e impreciso de su significado. No obstante, su posición académica y social dominante informa el «sentido común» filosófico- político de nuestra época. Locke constituye un ejemplo de cómo la coyuntura interpretativa liberal, que se desplegó en el siglo XIX y se consolidó en el XX, ha oscurecido una parte de la complejidad y pluralidad de las (...) tradiciones intelectuales y normativas que heredó. La reconstrucción de la filosofía política lockeana a partir de su concepción fiduciaria de la libertad política contribuye a hacer de nuevo visible el significado de algunas concepciones fundamentales para la teorización normativa presente. (shrink)

Development literature on global gender empowerment devotes much attention to employment, a code word for the inclusion of women’s labor in the global market. Recent work in transnational feminisms shows that the emphasis on employment over assets may not prevent exploitation of labor and perpetuity of poverty. This paper first highlights research on how women are increasingly taking on too much responsibility, working in a confluence of survival-oriented activities that undermine their own well-being. I also address how women are increasingly (...) able to get out of poverty: when they can labor in such a way that they are not merely working to survive but also working for accumulation of their own material assets, foremost of which is basic housing. Finally, I consider these transnational feminist insights about the importance of housing for women in light of philosophical concerns about property ownership, specifically Locke’s theory of property. In justifying property rights through labor, and arguing against the state’s right to usurp property, a Lockean can give a defense against forced evictions that still occur in some contexts and give support for a normative connection between women’s labor and assets. (shrink)

In our commonplace understanding of property, the “right to exclude” is seen as its central and defining feature: to own is to exclude. This paper examines the cost, to conceptual and normative clarity, of this understanding. First, I argue that the right not to be excluded is a crucial if overlooked element not simply of liberal understandings of ownership, but even of the right to exclude itself. Second, I argue that our neglect of the right not to be excluded severely (...) undermines the clarity and precision with which matters of ownership are debated within both contemporary politics and political philosophy. (shrink)

Many countries encourage immigration, yet almost without exception they impose medical conditions on the admissibility of prospective immigrants. This paper examines the ethical defensibility of this practice. It argues that the neighbourhood principle, which states that we owe a greater duty to neighbours than to strangers, when properly understood, extends to all human beings, that economic and safety considerations play only a limited role in ethically underwriting an exclusionary policy, and that medical immigration criteria should be harmonized with treatment eligibility (...) criteria for citizens of the relevant countries themselves. (shrink)

: In this essay I argue that Kuhn's account of science, as it was articulated in The Structure of Scientific Revolutions, was mainly defended on philosophical rather than historical grounds. I thus lend support to Kuhn's later claim that his model can be derived from first principles. I propose a transcendental reading of his work and I suggest that Kuhn uses historical examples as anti-essentialist Wittgensteinian "reminders" that expose a variegated landscape in the development of science.

A philosophical genealogy of the development of liberal 'arts of government' through the work of John Locke and Michel Foucault.

The article takes up and challenges the Lockean conception of common sense and common right to property in two ways: first, through a critical investigation of Locke's historical connection to colonialism, and second, by turning to contemporary indigenous conceptions of common sense. Locke's practical experiences in the founding of Carolina, I argue, serve not simply to explain the problematical colonial impulses of the Second Treatise, but indeed to help undo the credibility of that text's ideological claim to acquire and assimilate. (...) Next, I turn from an internal historicized critique of the Second Treatise to a contemporary external challenge, examining current indigenous perspectives de-legitimized by the Second Treatise. I contend that traditionalized conceptions of indigenous knowledge and understanding provide a strategic revitalization of common sense in ways that re-define and re-characterize the word's roots not only in the common but also in the senses themselves. The article concludes by questioning whether these revitalized 'traditionalisms' — as much as they challenge exclusionary Lockean conceptions of the 'common' and common sense — also carry the risk of denying aspects of indigenous modernity and excluding alternative indigenous conceptions of land and resource use. (shrink)

Scholarly discussion has treated the account of the state of nature which Locke presents in his Second Treatise as neither an hypothesis nor a description but rather as a fiction. John Dunn, for example, claims that it is a `theoretical analysis of the fundamental relations of right and duty which obtain between human beings, relations which are logically prior to the particular historical situations in which all actual human beings always in fact find themselves'. Here Dunn presents a misleading account (...) of Locke's argument, presumably, as the title of his paper suggests, in order to mount an argument of his own about the `political relevance' of Locke's work to a time when no one takes seriously the early modern idea of the state of nature. However, this article also has a more serious concern. I argue that the representation of the state of nature as a merely imaginary, `theoretical analysis' of social relations obscures the significance of the early modern idea of a state of nature, not only for the work of Locke and his near contemporaries, but also, more importantly, for the broader development of western social and political thought. The idea of an original condition of freedom and equality played a central role in Locke's argument, serving as a means both to undermine the view that humans were born into a natural condition of subjection to the rule of others and to justify European expropriation of land in the Americas. It also represented one end of a developmental continuum, running from the original, most primitive, condition of humanity through to the societies of contemporary western Europe, which was thought to encompass all sections of humanity. While the idea of an original asocial condition on which this continuum was based was later brought into question, a closely related developmental framework nevertheless informed later movements in history and the social sciences. After being abandoned in its original form, this category was finally revived in 20th-century political theory, this time precisely in the form that Dunn mistakenly ascribes to Locke. The article concludes by speculating on the relationship between these normative and empirical perspectives on the state of nature. (shrink)

The scholarship on Mary Wollstonecraft is divided concerning her views on women's role in public life, property rights, and distribution of wealth. Her critique of inequality of wealth is undisputed, but is it a complaint only of inequality or does it strike more forcefully at the institution of property? The argument in this article is that Wollstonecraft's feminism is partly defined by a radical critique of property, intertwined with her conception of rights. Dissociating herself from the conceptualization of rights in (...) terms of self-ownership, she casts economic independence—a necessary political criterion for personal freedom—in terms of fair reward for work, not ownership. Her critique of property moves beyond issues of redistribution to a feminist appraisal of a property structure that turns people into either owners or owned, rights-holders or things acquired. The main characters in Wollstonecraft's last novel—Maria, who is rich but has nothing, and Jemima, who steals as a matter of principle—illustrate the commodification of women in a society where even rights are regarded as possessions. (shrink)

ABSTRACTThis article suggests that corporate responsibility should be interpreted to include concern about resources that cannot easily be treated as commodities. Heritage Sites are places of historical and cultural importance. Given the primacy of contingent valuation methods in creating policy, these sites are often at risk from development or tourism since there is pressure to treat them as revenue centers. The article moves to looking at the status of sites in terms of property rights, drawing on Locke's original formulation. The (...) article concludes that there is a normative justification for treating these sites as collective property that may warrant maintenance, preservation and restricted access. (shrink)

REVOLUTIONARY POLITICS AND LOCKE S TWO TREATISES OF GOVERNMENT by Richard Ashcraft Princeton: Princeton University Press, 1986. 613 pp., $65.00, $15.00 (paper) LOCKE'S TWO TREATISES OF GOVERNMENT by Richard Ashcraft London: Allen & Unwin, 1987. 316 pp., $34.95.

This article offers an account and defence of constructionism, both as a metaphilosophical approach and as a philosophical methodology, with references to the so-called maker's knowledge tradition. Its main thesis is that Plato's “user's knowledge” tradition should be complemented, if not replaced, by a constructionist approach to philosophical problems in general and to knowledge in particular. Epistemic agents know something when they are able to build (reproduce, simulate, model, construct, etc.) that something and plug the obtained information into the correct (...) network of relations that account for it. Their epistemic expertise increases with the scope and depth of the questions that they are able to ask and answer. Thus, constructionism deprioritises mimetic, passive, and declarative knowledge that something is the case, in favour of poietic, interactive, and practical knowledge of something being the case. Metaphilosophically, constructionism suggests adding conceptual engineering to conceptual analysis as a fundamental method. (shrink)

Este trabalho tem o escopo de investigar o conceito de Direito de Resistência em Baruch de Spinoza, através da sua obra Tratado Político e de seus comentadores. Inicialmente a resistência é apresentada em diferentes visões, Hobbes e Locke, seguida pela tradição hegemônica da filosofia política e logo contraposta ao conceito de Desobediência Civil. Em seguida, Spinoza surge com sua perspectiva inovadora, não diferenciando resistir de obedecer, caso certas circunstâncias se apresentem no ambiente político, a partir de uma breve contextualização e (...) análise do fundamento da Resistência neste autor, a potência da multidão. Por fim, busca-se o Decreto nº 8243/14 para submetê-lo a seguinte questão: pode este ser visto como uma institucionalização da Resistência, nos termos espinosanos? (shrink)

It is a problem that the environment is often seen and treated as a reservoir of resources awaiting human use. How did this outlook arise? This essay analyzes a formative moment in the constitution of the environment as a buffet of goods to be consumed: seventeenth-century efforts by agricultural improvers, including John Locke, to eradicate waste. Locke’s theory of property prohibits the wasteful spoilage of food and charges mankind with a responsibility to cultivate, incorporate, and thereby appropriate earth’s nonhuman eatables—what (...) I call his “partition of the digestible.” But eating both underwrites and unhinges Lockean property rights, for all food contains materials that cannot be used by the body and must be excreted from it. Poop and pee serve as visible reminders that consumption is inhabited by, and thus cannot resolve, waste. Even the improvers’ ostensible solution of repurposing excrement as manure to produce more food just creates more waste: this “peristaltic circle,” as I describe it, is voracious and expansive. Circular waste-eradication projects are best understood as enabling preconditions for the wastefulness of linear, take-make-waste political economies, not their antidote. (shrink)

Locke’s property rights are now usually understood to be both fundamental and strictly negative. Fundamental because they are thought to be basic constraints on what we may do, unconstrained by anything deeper. Negative because they are thought to only protect a property holder against the claims of others. Here, I argue that this widespread interpretation is mistaken. For Locke, property rights are constrained by the deeper ‘fundamental law of nature,’ which involves positive obligations to those in need and confines the (...) right to excess property within circumstances where it is not needed to preserve human life. (shrink)

This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting (...) the canonical property stories of John Locke and Pierre-Joseph Proudhon. We argue that the link between property and dependence provides a useful starting point for understanding issues of economic justice that share a common political problem: how do we choose to govern the relation between dependence and independence through the institution of property? (shrink)

La relación entre patrimonio y derechos políticos en la obra de John Locke ha sido ampliamente discutida. Por un lado, se encuentran posiciones como las de Kendall y Tully que atribuyen un carácter democrático a la concepción lockeana sobre la sociedad civil. Por otro, interpretaciones como las de Ashcraft que le asignan un sesgo revolucionario e igualitario, próximo a la concepción de los Levellers. Sin embargo, a la luz de una serie de documentos, es posible discutir estas interpretaciones, como ya (...) lo han hecho diversos intérpretes parcialmente. Se mostrará aquí que Locke supone que la discusión parlamentaria compete a quienes, representando a los diferentes sectores productivos, discuten la promoción de sus actividades y que los trabajadores, al no disponer de la formación necesaria para la discusión sobre los asuntos públicos, no son considerados para participar del ejercicio parlamentario sino sólo de una resistencia excepcional. (shrink)

C.B. Macpherson's “Possessive Individualist” reading of Locke is one of the most radical and influential interpretations in the history of exegesis. Despite a substantial critical response over the past five decades, Macpherson's reading remains orthodox in various circles in the humanities generally, particularly in legal studies, and his interpretation of several crucial passages has unwittingly been followed even by his sharpest critics within Lockean scholarship. In order to present the definitive rebuttal to this interpretation, and so finally to lay it (...) to rest, I argue that every one of Macpherson's key pieces of textual evidence can be rejected entirely on its own terms; that is, by reference to no more than its immediate context. In this way I contend that fault of the Possessive Individualist reading lies far deeper than mere cherry-picking of the Lockean corpus, but centrally involves misreading, misplacing and misrepresenting the very parts of Locke's work Macpherson cites as evidence for his reading. (shrink)

Large exchange markets, big money, interest-bearing credit, big landholdings, proletarian masses, imperial expansion and even ‘capital’ or ‘salaried workers’, are not in themselves specific, unique institutional features of Modern Capitalism. This article argues that the features that characterize Modern Capitalism are a massive emergence of ‘free’, monetized wage labour, a self-propelled rush to unbounded world expansion and the progressive conversion of expropriated and privatized land into a monetized commodity, as well as a radically new use of the ancestral social institutions (...) of money and credit as an instrument for financing the production of commodities to obtain a surplus in the form of monetary profit, but also to generate expropriatory social debt relations. This article explains these dynamic historical forces and their importance for political philosophy and for legal and economic history and economics and sheds some light on the relationship between ‘capitalism’ and ‘modernity’. (shrink)

This paper is concerned with the distinction between classical liberalism and libertarianism and in particular with the claim of the latter to offer a theory of the good society which is independent of, and different from, that offered by classical liberalism. My argument is naturalistic in the following sense. A good society is one which delivers whatever is good for people, so that a theory of the good society (to ~ a theory of the good society) must say something about (...) what people are like and what is good for them. That is to say, it must be capable of making such judgments coherently and on its own terms. I shall argue that libertarianism is incapable of making such judgments because it rests on a Hobbesian radical individualism in which, by analogy with classical physics, people exist only as particulars, as individuals. If there are no general classes we cannot say what people have in common; if we cannot say what they have in common, the only "general" good is the negative liberty which enables them to pursue their own goals in their own way. Radical individualism leads by the shortest of routes to moral subjectivism. Thus libertarianism derives such plausibility as it has by drawing illicitly on aspects of classical liberalism which do not depend on radical individualism. In doing so it undermines not only its claim to be a distinct theory with its own foundations, but most of its own claims about what is good for people. (shrink)

In spite of the numerous occasions on which Adam Smith expresses his reservations regarding the morality of commercial societies, there seems to be an agreement that he believed such systems to be fundamentally just. To some, this is so because they attribute to Smith a concept of justice which is narrowly confined to the ‘right to have [one's] body free from injury, and [one's] liberty free from infringement’ . In a world where people have an interest in the fortune of (...) others regardless of how selfish their motives for action might be, injuring someone else's body or restricting someone else's liberty is unlikely to be the behavioural norm. To others, natural liberty in the sphere of economic activity is just not only because individuals behind the system naturally comply with justice in its commutative sense, but also because the system itself generates justice in the distributive sense. Such arguments are based on either the working of the invisible hand — which produces the ‘same distribution of the necessities of life, which would have been made, had the earth been divided into equal portions among all its inhabitants …’ — or on the approval of the ‘impartial spectator’ of the distribution which is associated with the natural price. (shrink)

The moral justification of intellectual property is often called into question when placed in the context of pharmaceutical patents and global health concerns. The theoretical accounts of both John Rawls and Robert Nozick provide an excellent ethical framework from which such questions can be clarified. While Nozick upholds an individuals right to intellectual property, based upon its conformation with Lockean notions of property and Nozicks ideas of just acquisition and transfer, Rawls emphasizes the importance of basic liberties, such as an (...) individuals right to health, superceding such secondary rights as intellectual property rights. From a policy perspective, patent protection for pharmaceutical products necessarily entails the balancing of corporate intellectual property interests and public interests in healthcare. The moral dilemma that occurs when these two interests clash is not easily resolved. Aside from corporate and public interests, the state maintains an interest in creating and preserving policies that regulate the moral dilemma itself. This paper analyzes the economic and ethical factors surrounding the production and distribution of the anti-HIV medication, AZT. Potential policy implications and recommendations are also discussed. (shrink)

From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...) roots of such ideas in some fascinating and largely forgotten strands of the history of economics. It draws attention to the question of "responsibility" which neoclassicism has utterly lost sight of. It is startlingly fresh in its overall approach, and unusually well written in its presentation. ... It constitutes a better case for its economic democracy viewpoint than anything else in the literature." . (shrink)

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

En Anarquía, Estado y utopía, Robert Nozick sostiene que los derechos naturales liberales se siguen de las restricciones morales indirectas a la acción y que éstas, a su vez, reflejan el principio kantiano subyacente de que los individuos son fines y no simplemente medios. En el presente trabajo se indaga en los supuestos fundamentos kantianos de la filosofía política de Nozick y en las relaciones que existen entre el concepto kantiano de dignidad y la propiedad sobre sí mismo, concepto este (...) último que suele ser aceptado como el fundamento último de la teoría de la justicia de Nozick. Se concluirá que, pese a ciertas similitudes, el concepto de propiedad sobre sí mismo resulta incompatible con el concepto kantiano de dignidad. Se concluirá, asimismo, que el concepto de propiedad sobre sí mismo ofrece una clave de lectura consistente de la obra política de Nozick y que en consecuencia, para tales fines, debe ser preferido por sobre el concepto kantiano de dignidad. (shrink)

The present essay is the first part of an analysis regarding aspects of Aristotle’s ontology. Aristotle’s ontology is, in my opinion, a formal ontology that examines the fundamental structures of reality and that investigates the features belonging to entities such as substance, quantity, quality, universals. Aristotle’s ontology investigates, moreover, the reciprocal relations existing between these entities. Aristotle’s interpretation of universals is not, in my opinion, a nominalist interpretation of universals: I do not think Aristotle regards universals as being only mental (...) entities. Aristotle, rather, aims at the differentiation between the realms of reality to which individuals and universals belong. In this part of my investigation, I first expose my interpretation of the fundaments of Aristotle’s ontology. Thereafter, I concentrate my attention on chapter Metaphysics Zeta 13: I comment on Aristotle’s investigation regarding the ontological features belonging to the universal qua universal and to the substance qua substance. I analyse the ontological laws that Aristotle finds about universal and substance: substance and universals are considered by Aristotle as mutually incompatible entities. The analysis shows that a false interpretation of the features of the universals endangers the whole ontology. Moreover, the Third-Man-Regress, which is one of the consequences of the misunderstanding of the position of universals in the reality, is regarded as the key to the interpretation of one of Aristotle’s aims: Aristotle aims at the foundation of a typological ontology putting individual entities and universal entities on different levels of reality. The danger of the Third-Man-Regress is avoided through the introduction of a new ontology, that is, through the introduction of the typological ontology of the entities. (shrink)

Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It (...) goes through Locke’s argument point-by-point discussing the controversy over what he said and over what he perhaps should have said to make the most valuable and coherent argument. The result is an outline of Lockean theories of property: a menu of options by which one might use appropriation to justify property rights. Supporters only need to pick the version they find most plausible, but opponents should be aware of the entire menu. Anyone claiming to refute appropriation-based property rights must address not only one but all potentially valid versions of it. (shrink)

La teoría de la propiedad de Locke tiene como escenario el estado de naturaleza, cuyo correlato empírico es la colonización inglesa de América. Este es el supuesto que permite articular la apelación a la teología para fundar la propiedad privada de modo unilateral y en cualquier lugar del mundo; el desplazamiento del criterio de necesidad a la teoría del valor para justificarla; así como el supuesto de abundancia que la hace posible sin requerir pacto político ni consenso social. En este (...) sentido, si su teoría de la propiedad resultó esencial para legitimar el liberalismo que moldeó América desde la colonización inglesa y la Constitución norteamericana, el hecho de que América sea el ejemplo para su teórico más temprano y destacado, permite comprender mejor el carácter esencial de la relación entre liberalismo y colonialismo. Locke's theory of property appears in the context of the state of nature, whose empirical correlate is the English colonization of America. This is the basis upon which three elements can be articulated: the appeal to theology in order to found unilaterally private property anywhere in the world; the change from the criterion of necessity to the theory of value to justify private property; and the assumption of abundance which makes it possible without having recourse to political pact or social consensus. In this sense, if Locke's theory of property has come to be essential to legitimize the liberalism which modelled America since the English colonization and the American constitution, the fact that America is the example for its earliest and most distinguished theorist, allows to a better understanding of the essential nature of the relationship between liberalism and colonialism. (shrink)