Our pains can be more or less intense, our mental imagery can be more or less vivid, our perceptual experiences can be more or less striking. These degrees of intensity of conscious experiences are all manifestations of a phenomenal property I call mental strength. In this article, I argue that mental strength is a domain-general phenomenal magnitude; in other words, it is a phenomenal quantity shared by all conscious experiences that explains their degree of felt intensity. Mental strength has been (...) largely overlooked in favor of mental states’ type, representational contents, domain-specific phenomenology, or processes such as attention. Considering mental strength in our reflections about the mind illuminates debates about the relation of representational contents and phenomenal character, and it also helps address questions about the structure and functions of consciousness. Mental strength provides a unifying construct to model what is shared in the phenomenology of different types of conscious experiences. (shrink)

On the powerful qualities view, every fundamental property is both dispositional and qualitative. Identity theory is the standard account of the view, which makes the stronger claim that a property’s dispositionality and qualitativity are identical to each other, and identical to the property itself. Recent defences of the powerful qualities view have involved novel theories of powerful qualities which are not also variants of identity theory. Giannotti (Erkenntnis 86:603–621, 2021a) has suggested a novel theory of his own, the dual aspect (...) account, which makes use of a particular notion of aspects. For Giannotti, dispositionality and qualitativity are each an aspect of a property, and an aspect is a property’s way of being. The importance of aspects is twofold. Firstly, by introducing aspects to identity theory, the theory becomes more precise. Secondly, aspects allow for a novel theory of powerful qualities, the dual aspect account, which maintains that dispositionality and qualitativity are aspects, but rejects the identity claim. Giannotti’s aim is to show that even if identity theory is false, the dual aspect account remains an available theory for advocates of powerful qualities. This paper will be a critical examination of Giannotti’s ideas. Firstly, I will clarify Giannotti’s notion of aspects, explaining how it involves a misunderstanding of supervenience, and why it does not offer the advantages that he claims it does. Secondly, in light of my discussion of aspects, I will argue that the dual aspect account lacks relative advantages over the compound view of powerful qualities. (shrink)

The objective of this work is to carry out a genetic study on the Husserlian concept of noema based in the givenness of the real body in the passive experience of pain. The development focuses, either, on the delimitation of the painful body given in its physical sphere in attention to its material properties, and in the eventual integration of this passively given body in the so-called noetic-noematic structure regarding the intentional revelation that pain implies. To do this, pain (...) will first be briefly examined in light of "original" passivity. Secondly, the way in which the body is given in its real disposition and its understanding as a bodily ego in experiencing pain will be contemplated. Thirdly, considering the “original” constitution of the body in pain in a broad sense, emphasis will be placed on its correspondence with intentionality, a matter that only confirms that pain is a form of perception. Finally, the deployment of the genetically viewed noema is given on the basis of the determination of the real body as a noematic object. (shrink)

The objective of this work is to carry out a genetic study on the Husserlian concept of noema based in the givenness of the real body in the passive experience of pain. The development focuses, either, on the delimitation of the painful body given in its physical sphere in attention to its material properties, and in the eventual integration of this passively given body in the so-called noetic-noematic structure regarding the intentional revelation that pain implies. To do this, pain (...) will first be briefly examined in light of "original" passivity. Secondly, the way in which the body is given in its real disposition and its understanding as a bodily ego in experiencing pain will be contemplated. Thirdly, considering the “original” constitution of the body in pain in a broad sense, emphasis will be placed on its correspondence with intentionality, a matter that only confirms that pain is a form of perception. Finally, the deployment of the genetically viewed noema is given on the basis of the determination of the real body as a noematic object. (shrink)

In this essay, the hypothesis that biliverdin pigment plays an antioxidant role in the avian eggshell is proposed. Due to its ability to scavenge free radical species and to reduce mutation, biliverdin potentially counteracts the oxidative action of pathogens that penetrate the eggshell and/or protects the shell membrane from oxidation, thus promoting the proven antioxidant and antimicrobial capacities of the shell membrane itself. Additionally, biliverdin may be able to inhibit viral replication in the eggshell due to its ascribed antiviral (...) class='Hi'>properties. Moreover, previous results in other taxa leave open the question of whether biliverdin can be absorbed by the embryo from the eggshell and play a role in embryogenesis. These mechanisms of antioxidant action of eggshell biliverdin remain totally unexplored in birds and in other oviparous animals. The main assumptions and predictions of the antioxidant hypothesis are developed, and directions for future research are proposed. (shrink)

In this paper, I reject that animal reasoning, negation in particular, necessarily involves the representation of absences, as suggested by Bermúdez (2003, 2006, 2007), since this would still work as a logical negation (unavailable for non-linguistic creatures). False belief, pretense, and communication experiments show that non-human animals (at least some primates) have difficulties representing absent entities or properties. I offer an alternative account resorting to the sub-symbolic similarity judgments proposed by Vigo & Allen (2009) and expectations: animal proto-negation takes (...) place through the incompatibility between an expected and the actual representation. Finally, I propose that the expectation paradigm be extrapolated to other experi-ments in cognitive psychology (both with pre-linguistic children and animals) in order to design fair experiments that test other minds considering their true abilities. (shrink)

Literature has been philosophically understood as a practice in the last thirty years, which involves “modes of utterance” and stances, not intrinsic textual properties. Thus, the place for semantics in philosophical inquiry has clearly diminished. Literary aesthetic appreciation has shifted its focus from aesthetic realism, based on the study of textual features, to ways of reading. Peter Lamarque’s concept of narrative opacity is a clear example of this shift. According to the philosophy of literature, literature, like any other art (...) form, does not compel us to engage realistically with it. Against this trend, this paper argues for the distinction between two kinds of opacity, defending textual opacity as a necessary condition for literary opacity. In this sense, examples in literary criticism properly illustrate not a peripheral role of meaning in literary appreciation, but arbitrariness in interpretation, which involves semantic concerns. So the assumed interest in the specific ways in which literature embeds meaning in fictional narrative works. (shrink)

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Se ha sostenido tradicionalmente que los predicados atribuidos a Dios y a las criaturas son análogos. Pero, ¿qué es la analogía? Varios filósofos han pensado que la analogía debe ser considerada como una forma de ambigüedad. Argumentamos aquí que los predicados atribuidos a Dios y a las criaturas no son ambiguos o vagos. Siguiendo algunas sugerencias de McDaniel, proponemos una concepción de la analogía donde el fenómeno semántico está asociado con el carácter más o menos natural de la propiedad o (...) propiedades que instancian las entidades que satisfacen el predicado análogo. Un predicado "θ" es análogo si y sólo si, la propiedad Θ, que algo instancia, si y sólo si es θ, es menos natural que cualquier propiedad Ξ tal que todo lo que instancie Ξ, instancia Θ. Además, se requiere que las entidades de las cuales el término análogo es predicado deban ser ontológica o epistémicamente dependientes unas de otras. || It has been traditionally sustained that predicates attributed to God and to the creatures are analogical predicates. But, what is analogy? Several philosophers have thought that analogy should be taken as a form of ambiguity. Here we argue that predicates attributed to God and to creatures are neither ambiguous nor vague. Following some suggestions given by McDaniel, we propose a view of analogy in which the semantic phenomenon is associated with the more or less natural character of the property or properties that the entities that satisfy the analogous predicate instantiate. A predicate "θ" is analogous if and only if the property Θ, which something instantiates, if and only if it is θ, is less natural that any property Ξ so that anything that instantiates Ξ, instantiates Θ. Furthermore, it is required that the entities of which the analogous term is predicated should be either ontologically or epistemically dependent on each other. (shrink)

Confidence can dissociate from perceptual accuracy, suggesting distinct computational and neural processes underlie these psychological functions. Recent investigations have therefore sought to experimentally isolate metacognitive processes by creating conditions where perceptual sensitivity is matched but confidence differs (“matched-performance / different-confidence”; MPDC). Despite these endeavors’ success, much remains unknown about MPDC effects and how to best harness them in experimental settings. Here we developed a principled approach to comprehensively characterizing MPDC effects through analyzing metaperceptual (i.e., type 2 psychometric) functions relating objective (...) performance to subjective confidence across widely varying performance levels and experimental manipulations. We found that MPDC effect magnitude depends on stimulus properties, observers’ sensitivity level, and critically on trial type order (blocked or interleaved across stimulus property variations). Our findings provide the first comprehensive exploration of MPDC effects, offer a prescriptive guide to metaperceptual analysis, and suggest optimal experimental paradigms for experimentally isolating metacognition and awareness in future studies. (shrink)

The article presents the metaethical discussion of moral properties with emphasis on the connection between metaphysical views on properties and theories on moral properties. Theories on moral properties vary along three dimensions: realism vs. anti-realism, naturalism vs. non-naturalism, and reductionism vs. non-reductionism. It is argued that realism should be understood in terms of Specific Mind-Independence which entails that moral properties are not arbitrarily dependent on the mental states of individuals agents. It (...) is further noticed that theories on moral properties should account for the practicality of morality. The article then considers different versions of naturalism and non-naturalism in reductionist and non-reductionist forms. It is discussed how these theories account for the practicality of morality and what metaphysical challenges they face. Moreover, it is suggested that Specific Mind-Independence offers plausible classifications of metaethical theories as ‘realist’ or ‘anti-realist’. (shrink)

Perhaps the actual world does not contain moral properties. But might moral properties be impossible because no world, possible or actual, contains them? Two metaethical theories can be argued to entail just that conclusion; viz., emotivism and error theory. This paper works towards the strongest formulation of the emotivist argument for the impossibility of moral properties, but ultimately rejects it. It then uses the reason why the emotivist argument fails to argue that error-theoretic arguments (...) for the impossibility of moral properties face the same conclusion. Finally the paper argues that these arguments for the possibility of moral properties might have consequences for our thinking about their actuality, regardless of whether we accept emotivism or error theory. (shrink)

Moral perception has made something of a comeback in recent work on moral epistemology. Many traditional objections to the view have been argued to fail upon closer inspection. But it remains an open question just how far moral perception might extend. In this paper, I provide the beginnings of an answer to this question by assessing the relationship between the metaphysical structure of different normative properties and a plausible constraint on which properties are eligible for (...) perceptual awareness which I call the Counterfactual Strengthening Test. Along the way I consider and reject a few other possible constraints on perceptual awareness. I defend the view that moral perception is restricted to the perception of evaluative and pro tanto deontic properties. I conclude with a few gestures toward what this limitation on moral perception may mean for broader moral epistemology. (shrink)

Do we perceptually experience moral properties like rightness and wrongness? For example, as in Gilbert Harman’s classic case, when we see a group of young hoodlums pour gasoline on a cat and ignite it, can we, in the same robust sense, see the action’s wrongness?. Many philosophers have recently discussed this question, argued for a positive answer and/or discussed its epistemological implications. This paper presents a new case for a negative answer by, first, getting much clearer on how (...) such experience could be possible at all; second, responding to the only argument for a positive answer; and, finally, arguing that postulation of such experience is explanatorily redundant. (shrink)

This paper argues that there is significant motivation for contemporary ethicists to affirm a view I call “moral property eliminativism.” On this eliminativist view, there are no moral properties, but there are moral truths that are made true by only nonmoral entities. Moral property eliminativism parallels eliminativist views defended in other domains of philosophical inquiry, but has gone nearly entirely overlooked by contemporary ethicists. I argue that moral property eliminativism is motivated by the claim (...) that there cannot be differences in moral truths without differences in nonmoral ontology—a claim widely endorsed by contemporary ethicists. Engaging with a variety of ways whereby one might resist the motivation I cite for moral property eliminativism, I argue that alternative contemporary metaethical views tend to purchase moral properties at the price of unnecessary theoretical complexity. (shrink)

Inspired by an analogy between moral and secondary properties, some moral philosophers have argued that moral properties are dispositions. According to one version of this view, most clearly represented by Jonathan Dancy, a moral property is the property of being such, having base properties such, that an entity with the property elicits morally merited and motivating responses. Its proponents have argued that this notion can explain how moral judgements can be objective in (...) the sense of expressing properties that are independent of will and yet imply motivation by those who assert them. In special consideration of Dancy’s Moral Reasons, I argue that the dispositional account does not save the idea of objectivity in the required sense and implies an untenable view of moral motivation. I therefore conclude that the dispositional account fails to explain the two features of moral judgements. (shrink)

I formulate and defend a realist theory of the truth of moral judgements according to which moral properties are synthetically but necessarily determined by natural properties of people, actions, or states of affairs. This view can be found in Moore's later ethical writings. The view reconciles two apparently conflicting intuitions: Moral properties supervene upon natural properties, but judgements about moral properties are generally not entailed by any judgements about natural properties. (...) The view is realist in the sense that moral judgements possess a truth-value independently of our means of knowing it. They are true or false in virture of a reality existing independently of us. ;One promising way of understanding this synthetic, necessary connection between moral and natural properties is in terms of the Kripke-Putnam account of natural kinds: Moral properties are type-identical with configurations of natural properties. But this turns out to be unsatisfactory. Another promising way of understanding this connection is on analogy with the connection between the mental and physical. I reject a token-identity theory of the moral and natural, but the analogy itself is helpful in understanding the relationship between the moral and natural. It offers a model for that relationship. ;I distinguish two senses in which supervenience could be understood in morality--ascriptive and descriptive--and argue that ascriptive supervenience depends on descriptive. A realist must defend descriptive supervenience. Moral properties decriptively supervene upon natural properties because moral differences must be explicable and justifiable in terms of natural differences. ;I construct an epistemology for moral properties in which natural properties are criteria, in Wittgenstein's sense, of moral properties. This conforms with the metaphysics of moral properties, and can be reconciled with the phenomenon of moral conflict. Finally, a careful formulation of moral realism is defended against Dummett's objections to realism generally. The moral realist cannot be forced to hold that there are moral truths that humans could not, even in principle, come to know. Yet this is what seems objectionable about realism in other realms. We can know all moral truths in principle, though perhaps not in practice. (shrink)

One of the most familiar arguments for expressivist metaethics is the claim that the rival theory, moral realism, cannot provide a satisfying explanation of why moral properties supervene on natural properties. Non-cognitivism, however, has its own problems explaining supervenience. Expressivists try to establish supervenience either by second-order disapproval of type-inconsistent moral evaluations or by pragmatic considerations. But disapproval of inconsistency is merely a contingent attitude that people happen to have; and pragmatic justification does not allow (...) for appraisers to take their own moral attitudes seriously enough. What has been overlooked is a third alternative. The metaethical theory that can best account for supervenience is neither realist nor non-cognitivist but an objectivist version of constructivism. On the constructivist theory, right and wrong are determined by the principles that people would (hypothetically) consent to under ideal conditions. Type-consistency is a required feature of any principles regulating our conduct, if they are to be freely agreed to by ideally rational people. (shrink)

This is the text of The Lindley Lecture for 1981, given by Alan Donagan.

In this paper, I motivate skepticism about the causal efficacy of moral properties in two ways. First, I highlight a tension that arises between two claims that moral realists may want to accept. The first claim is that physically indistinguishable things do not differ in any causally efficacious respect. The second claim is that physically indistinguishable things that differ in certain historical respects have different moral properties. The tension arises to the extent to which these (...) different moral properties are supposed to have different effects on people. I will introduce a class of cases in which this tension arises and suggest that the moral properties in these cases have no causal power. I will also question whether there are differences between the moral properties in these cases and moral properties in other cases that do not involve physically indistinguishable things that could make the latter moral properties causally efficacious. The second way that I motivate skepticism consists in pointing out a unique feature of cases in which moral properties are supposed both to supervene on historical properties and to be causally efficacious. These cases allow us to change moral properties with alleged effects while we hold constant the nonmoral candidates for causal contribution to those effects. This feature of these cases is unique because in most other cases the moral properties supervene on the physical properties in the nonmoral candidates, such that we cannot change the former while holding constant the latter. This way of changing moral properties provides empirical grounds for testing their causal efficacy. (shrink)

According to moral sentimentalism, there are close connections between moral truths and moral emotions. Emotions largely form our moral attitudes. They contribute to our answerability to moral obligations. We take them as authoritative in guiding moral judgement. This role is difficult to understand if one accepts a full-blown moral realism, according to which moral truths are completely independent of our emotional response to them. Hence it is tempting to claim that moral (...) truths depend on our emotional responses. I outline a problem for this view: we are adamant that, if our moral sentiments were different, things would be the same, morally speaking. Moral truth does not seem to counterfactually depend on moral sentiments. I show how this independence can be reconciled with the role of moral sentiments in guiding our moral outlook. I draw on Yablo’s distinction between response-dependent and response-enabled properties. I propose that moral truths are response-enabled: their supervenience base does not include anything about our emotions. Hence they do not counterfactually depend on changes in our emotional response. However, their factual supervenience base being naturally ineligible, it is ultimately our response that enables them to play their role as an independent moral compass. (shrink)

The “welcome return” to “substantive political philosophy” that Rawls'sA Theory of Justicewas said to herald has resulted in forty years of proposals seeking to show that philosophical reflection leads to the demonstrable truth of almost every and any conceivable view of the justice of property rights. Select any view—from the justice of unregulated capitalist markets to the most extreme forms of egalitarianism—and one will find that some philosophers have proclaimed that rational reflection uniquely leads to its justice. This is, I (...) believe, a sort of ideological thinking masquerading as philosophizing. In this paper, using some tools from game theory as well as experimental findings, I seek to sketch a non-ideological approach to the question of the justification of property rights. On this approach the aim of political philosophy is, first and foremost, to reflect on whether our social rules of property are within the “optimal eligible set” of rules acceptable to all. (shrink)

I discuss a strategy for grounding ethical naturalism propounded by Frank Jackson and more recently by Allan Gibbard: that the undisputed supervenience of the moral upon the natural (or descriptive) entails that moral properties are natural (or descriptive) properties. I show that this strategy falls foul of certain indubitable constraints governing natural kinds; and I then rebut some objections. The upshot is that no viable strategy for supporting ethical naturalism is to be found along these lines. (...) This result has additional consequences, both for Jackson's attempt to accommodate ethical discourse into the natural world, and for Gibbard's purported 'meta-ethical synthesis'. (shrink)

I discuss a strategy for grounding ethical naturalism propounded by Frank Jackson and more recently by Allan Gibbard: that the undisputed supervenience of the moral upon the natural (or descriptive) entails that moral properties are natural (or descriptive) properties. I show that this strategy falls foul of certain indubitable constraints governing natural kinds; and I then rebut some objections. The upshot is that no viable strategy for supporting ethical naturalism is to be found along these lines. (...) This result has additional consequences, both for Jackson's attempt to accommodate ethical discourse into the natural world, and for Gibbard's purported 'meta-ethical synthesis'. (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)

In March of 2014 Nature Publishing Group, responsible for the publication of journals such as Nature and ScientificAmerican, was subject to criticism for its requirement that contributing authors waive their moral rights in relation to their published articles. Some of the rights included under the umbrella term ‘moral rights’ are the right to have any copies of one’s work reproduced accurately and without alteration; the right to the accurate attribution of one’s work under one’s own name; and the (...) right not to have the work of others falsely attributed to oneself. The Nature Publishing case, from the criticism it sparked to the group’s own response, highlights a category error that occurs when moral rights are conceived of as property rights. Rather, moral rights are natural, non-proprietary rights. In correcting this category error it becomes evident that moral rights offences are not property offences, such as theft, but fraud offences—like plagiarism and forgery. Subsequently, whereas property rights, by definition, are able to be transferred or waived, it can be shown that no justification can be made for treating moral rights as transferrable or able to be waived. (shrink)

Property-owning democracies combine the regulative and redistributive functions of the welfare state with the governmental aim of ensuring that wealth and capital are widely dispersed. John Rawls, political philosophy’s most famous property-owning democrat, argued that property-owning democracy was one of two regime types that best realized his two principles of justice, though he was notoriously vague about how a property-owning democracy’s institutions are meant to realize his principles. To compensate for this deficiency, a number of Rawlsian political philosophers have tried (...) to add institutional and policy content to the idea. While their efforts have advanced the discussion, few have criticized the soundness of these attempts. This article attempts to fill the void. I claim that, in comparison to welfare-state capitalism, property-owning democracy is both prohibitively impractical and unjust on Rawlsian grounds. I first argue that property-owning democracy is economically ineffective. Even granting the assumptions of Rawlsian ideal theory, property-owning democracies generate bad incentives and face severe information problems in comparison to more market-friendly welfare states. Further, in nonideal theory the motivations of political officials and citizens will likely be corrupted by the temptation to abuse the awesome state power at their disposal. Second, I argue that property-owning democracy is unjust relative to welfare-state capitalism. The three principles used to defend property-owning democracy—the difference principle, the principle of fair equality of opportunity and the “political liberty” proviso—do not vindicate property-owning democracy and may even prohibit it. Welfare-state capitalism does much better. (shrink)

Researchers working on children's moral understanding maintain that the child's capacity to distinguish morality from convention shows that children regard moral violations as objectively wrong. Education in the moral domain. Cambridge: Cambridge University Press). However, one traditional way to cast the issue of objectivism is to focus not on conventionality, but on whether moral properties depend on our responses, as with properties like icky and fun. This paper argues that the moral/conventional task is (...) inadequate for assessing whether children regard moral properties as response-dependent. Unfortunately, children's understanding of response-dependent properties has been neglected in recent research. Two experiments are reported showing that children are more likely to treat properties like fun and icky as response-dependent than moral properties like good and bad. Hence, this helps support the claim that children are moral objectivists. (shrink)

I explore the Because Constraint—the idea that moral facts depend on natural facts and that moral judgements ought to respect the dependence of moral facts on natural facts. I consider several issues concerning its clarification and importance.

This study focuses on the reliability and validation of the Chinese version of the Moral Attentiveness Scale. Factor analysis confirmed that the scale includes two factors: perceptual moral attentiveness and reflective moral attentiveness. Moral attentiveness is negatively correlated with normlessness and positively associated with internalization and symbolization, moral identity, and other academic dishonesty behaviors. Reflective moral attentiveness moderated the relationship between formalism and unethical decision making. All results showed that the Chinese version of the (...) Moral Attentiveness Scale has satisfactory psychometric properties and is a valid and reliable measurement of moral attentiveness in the Chinese population. (shrink)

Efforts to protect endangered species by regulating the use of privately owned lands are routinely resisted by appeal to the private property rights of landowners. Recently, the 'wise-use' movement has emerged as a primary representative of these landowners' claims. In addressing the issues raised by the wise-use movement and others like them, legal scholars and philosophers have typically examined the scope of private property rights and the extent to which these rights should influence public policy decisions when weighed against other (...) moral considerations. Whether from an anthropocentric standpoint or from a perspective of moral extensionism, the key question seems to be the extent to which prima facie property rights are overridden by other moral interests, not whether such rights claims can reasonably be appealed to at all in public discussions of environmental justice. I argue, however, that a morally extensionist perspective not only introduces more potential defeaters of prima facie property rights, but actually strips appeals to private property rights of their moral significance. Hence, I argue on Rawlsian grounds that appealing to private property rights in the way that the wise-use movement does is unreasonable in a pluralistic society. In so doing, I show that a Rawlsian perspective may be more congenial to the interests of moral extensionists than is typically thought. (shrink)

Starting from a distinction between intrinsic and final value, I explore the implications of the supervenience of final value on extrinsic properties regarding moral status. I make a case for ‘extrinsic moral status’ based on ‘extrinsic final value’. I show that the assumption of ‘moral individualism’, that moral status supervenes merely on intrinsic properties, is misguided, and results from a conflation of intrinsic with final value. I argue that at least one extrinsic property, namely (...) vulnerability, can be the basis of both final value and moral status, and that dependence on such extrinsic properties is compatible with the requirement of agent-neutrality. (shrink)

Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmlyembedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and utilitarian arguments defending intellectual property we (...) will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

Liberal egalitarian political philosophers have often argued that private property is a legal convention dependent on the state and that complaints about taxation from entitlement theorists are therefore based on a conceptual mistake. But our capacity to grasp and use property concepts seems too embedded in human nature for this to be correct. This essay argues that many standard arguments that property is constitutively a legal convention fail, but that the opposition between conventionalists and natural rights theorists is outmoded. In (...) doing this, the essay draws on recent literature in evolutionary biology and psychology. Even though modern property in a complex society involves legal conventions, those conventions should be sensitive to our natural dispositions concerning ownership. (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)

Abstract: This paper restates the thesis of 'The Requirements of Justice and Liberal Socialism" where it was argued that liberal socialism best meets Rawlsian requirements of justice. The recent responses to this paper by Jan Narveson, Jeppe von Platz, and Alan Thomas merit examination and comment. This paper shows that if Rawlsian justice is to be met, then non-personal property must be subject to public control. If just outcomes merit the public control of non-personal property and this control is not (...) utilized, then justice has been subordinated to the objectively less important institution of private property. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

My goal in this article is to provide support for the claim that moral flaws can be detrimental to an artwork's aesthetic value. I argue that moral flaws can become aesthetic flaws when they defeat the operation of good-making aesthetic properties. I do not defend a new theory of aesthetic properties or aesthetic value; instead, I attempt to show that on both the response-dependence and the supervenience account of aesthetic properties, moral flaws with an (...) artwork are relevant to what aesthetic properties obtain. I provide a description of the main features of both theories of aesthetic properties, and then explain how moral flaws can become aesthetic flaws on either account. I address several objections to moralism about art including the "moralistic fallacy.". (shrink)