The aftermath of war is always messy and complicated. When should objects or resources that were unjustly taken in wartime be returned to the victims of misappropriation, or their heirs? This article advances two arguments that are intended to buttress claims for the restitution of property in general, and particularly claims advanced by the heirs of the original victims of misappropriation.

We defend Jaegwon Kim’s ‘causal inheritance’ principle from an objection raised by Jurgen Schröder. The objection is that the principle is inconsistent with a view about mental properties assumed by Kim, namely, that they are second-order properties. We argue that Schröder misconstrues the notion of second-order property. We distinguish three notions of second-order property and highlight their problems and virtues. Finally, we examine the consequence of Kim’s principle and discuss the issue of whether Kim’s ‘supervenience argument’ generalizes (...) to all special sciences or not. (shrink)

The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region--with its specific level of wealth, degree of stability, and human rights record--is a crucial factor in the determination of life chances. However, birthright entitlements still dominate both our imagination and our laws in the allotment of political membership to a (...) given state. In this article we explore the striking conceptual and legal similarities between intergenerational transfers of citizenship and property. The analogy between inherited citizenship and the intergenerational transfer of property allows us to use existing qualifications found in the realm of inheritance as a model for imposing restrictions on the unlimited and perpetual transmission of membership--with the aim of ameliorating its most glaring opportunity inequalities. (shrink)

It has been argued that organs should be treated as individual tradable property like other material possessions and assets, on the basis that this would promote individual freedom and increase efficiency in addressing the shortage of organs for transplantation. If organs are to be treated as property, should they be inheritable? This paper seeks to contribute to the idea of organs as inheritable property by providing a defence of a default of the family of a dead person (...) as inheritors of transplantable organs. In the course of discussion, various succession rules for organs and their justifications will be suggested. We then consider two objections to organs as inheritable property. Our intention here is to provoke further thought on whether ownership of one's body parts should be assimilated to property ownership. (shrink)

Recent theoretical work has identified a tightly-constrained sense in which genes carry representational content. Representational properties of the genome are founded in the transmission of DNA over phylogenetic time and its role in natural selection. However, genetic representation is not just relevant to questions of selection and evolution. This paper goes beyond existing treatments and argues for the heterodox view that information generated by a process of selection over phylogenetic time can be read in ontogenetic time, in the course of (...) individual development. Recent results in evolutionary biology, drawn both from modelling work, and from experimental and observational data, support a role for genetic representation in explaining individual ontogeny: both genetic representations and environmental information are read by the mechanisms of development, in an individual, so as to lead to adaptive phenotypes. Furthermore, in some cases there appears to have been selection between individuals that rely to different degrees on the two sources of information. Thus, the theory of representation in inheritance systems like the genome is much more than just a coherent reconstruction of information talk in biology. Genetic representation is a property with considerable explanatory utility. (shrink)

Organisms inherit various kinds of developmental information and cues from their parents. The study of inheritance systems is aimed at identifying and classifying the various mechanisms and processes of heredity, the types of hereditary information that is passed on by each, the functional interaction between the different systems, and the evolutionary consequences of these properties. We present the discussion of inheritance systems in the context of several debates. First, between proponents of monism about heredity (gene-centric views), holism about (...) heredity (Developmental Systems Theory), and those stressing the role of multiple systems of inheritance. Second, between those analyzing inheritance solely in terms of replication and transmission, and views that stress the multi-generation reproduction of phenotypic traits. A third debate is concerned with different criteria that have been proposed for identifying and delimiting inheritance systems. A fourth controversy revolves around the significance of the “Lamarckian” aspects of some of the inheritance systems that have been identified, such as epigenetic inheritance and behavioral inheritance, that allow the transmission of environmentally induced characters (i.e., “soft inheritance”). (shrink)

The two volumes in this advanced textbook present results, proof methods, and translations of motivational and philosophical considerations to formal constructions. In the associated Vol. I the author explains preferential structures and abstract size. In this Vol. II he presents chapters on theory revision and sums, defeasible inheritance theory, interpolation, neighbourhood semantics and deontic logic, abstract independence, and various aspects of nonmonotonic and other logics. In both volumes the text contains many exercises and some solutions, and the author limits (...) the discussion of motivation and general context throughout, offering this only when it aids understanding of the formal material, in particular to illustrate the path from intuition to formalisation. Together these books are a suitable compendium for graduate students and researchers in the area of computer science and mathematical logic. (shrink)

This paper examines a rarely-discussed argument for the right to bequeath wealth. This argument, popular among libertarians, asserts that opposition to the practice of inheritance is prone to over-generalize, such that opponents of inheritance cannot avoid condemning other uses of private property, like gift-giving. The argument is motivated by an interesting methodological claim, namely, that the morality of bequest ought to be evaluated from the perspective of the donor, and not evaluated in ways that invoke the effects (...) of bequest on the distribution of wealth. This paper argues that this donor-centric approach ultimately favors restricting the right of bequest. Specifically, I maintain that bequest generally carries a lower opportunity cost than other uses of property. Accordingly, inheritance tax is less coercive than other taxes, and bequest is less obviously as generous an act as gift giving. While the arguments made here will encourage traditional opponents of inheritance (such as egalitarians), I also suggest why they might be welcomed by at least some types of libertarian. (shrink)

The semantic concept of information is one of the most important, and one of the most problematical concepts in biology. I suggest a broad definition of biological information: a source becomes an informational input when an interpreting receiver can react to the form of the source (and variations in this form) in a functional manner. The definition accommodates information stemming from environmental cues as well as from evolved signals, and calls for a comparison between information‐transmission in different types of (...) class='Hi'>inheritance systems—the genetic, the epigenetic, the behavioral, and the cultural‐symbolic. This comparative perspective highlights the different ways in which information is acquired and transmitted, and the role that such information plays in heredity and evolution. Focusing on the special properties of the transfer of information, which are very different from those associated with the transfer of materials or energy, also helps to uncover interesting evolutionary effects and suggests better explanations for some aspects of the evolution of communication. (shrink)

In Germany, transfers of assets between generations are subject to inheritance and gift tax.1 However, there are different views on whether or not the present level of taxation is high enough. Our study looks at the potential for applying increases. We show that the constitutional framework does indeed allow for higher taxation in the case of intergenerational property transfers. We identify the essential points in current German inheritance and gift tax law, which make it possible to transfer (...) large assets with no or low inheritance tax burden. For these points as well as the determination of tax rates, we propose reform approaches and present options for the use of possible additional income. (shrink)

In 2014 Jennifer Cramblett, a white lesbian, filed a Complaint for Wrongful Birth alleging that the Midwest Sperm Bank mistakenly provided sperm from an African–American donor. In this article, we trace the complex and overlapping lines of legal and social inheritance that have conditioned not only the possibility of such a lawsuit, but also the legal language and arguments within the Complaint itself. First, we trace the racial politics of homonormativity, which set the conditions of possibility for an out, (...) white lesbian to bring this case forward. Second, we trace the inheritance of wrongful birth tort law, reviewing its prior race and disability-related uses, and its basis in feminist reproductive rights. Third, we trace how disability, race and sexuality interlock within the eugenic inheritance of both ‘wrongful birth’ and reproductive technologies. Finally, we follow traces of racial inheritance, namely, the loss of white property and proximity to whiteness. (shrink)

Some hold that musical works are fusions of, or coincide with, their performances. But if performances contain wrong notes, won't works inherit that property? We say ‘no’.

Is language somehow innate in the structure of the human brain, or is it completely learned? This debate is still at the heart of linguistics, especially as it intersects with psychology and cognitive science. In collecting papers which discuss the evidence and arguments regarding this difficult question, The Inheritance and Innateness of Grammars considers cases ranging from infants who are just beginning to learn the properties of a native language to language-impaired adults who will never learn one. These studies (...) show that, while precursors of language exist in other creatures, the abilities necessary for constructing full-fledged grammars are part of the biological endowment of human beings. The essays that comprise this volume test the range and specificity of that endowment, while also contributing to our understanding of the intricate and complex relationship between language and biology. (shrink)

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 (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice is (...) class='Hi'>property-dependent, there is a difference between voice that facilitates the realization of another property entitlement (such as the right to exclude, use, or trade) and voice that is constitutive to ownership in and of itself. Only the latter instances justify recognition of the owners’ right to a voice as an independent property entitlement. By examining different branches of both tangible and intellectual property law, such as inheritance law, eminent domain, homeowners’ association law, zoning law, and copyright law, this article demonstrates the usefulness of the proposed analytical framework in explaining certain parts of the current law and suggests modifications of other parts. (shrink)

It is a fact that human subjects rate sentences about typical properties such as “Ravens are black” as very likely to be true. In comparison, modified sentences such as “Feathered ravens are black” receive lower ratings, especially if the modifier is atypical for the noun, as in “Jungle ravens are black”. This is called the modifier effect. However, the likelihood of the unmodified statement influences the perceived likelihood of the modified statement: the higher the rated likelihood of the unmodified sentence, (...) the higher the rated likelihood of the modified one. That means the modifier effect does not fully block default inheritance of typical properties from nouns to modified nouns. This paper discusses this inheritance effect. In particular, I ask whether it is the direct result of composing concepts from nouns, that is, a bias toward “black” when processing “raven”. I report a series of experiments in which I find no evidence for a direct inheritance from composition. This supports the view that default inheritance is rather an inference than a bias. (shrink)

The term ‘predistribution’ draws attention to the need for policies and institutions that are designed to improve the position of the least advantaged members of society by generating a fairer distribution of opportunities and benefits from the operation of the free market system, with less reliance on redistributive tax-and-transfer mechanisms. Although the idea of progressive predistribution has only recently begun to attract the attention of politicians and commentators in the mainstream media, there is an older and more philosophically grounded predistributive (...) approach that goes back to the idea of the property-owning democracy proposed by Economist James Meade and further developed by liberal political philosopher John Rawls. In this article, I argue that neither the Meadeian/Rawlsian POD model, nor the more recent analysis of the idea of progressive predistribution, provide a clear and convincing account of the distinction between predistributive and redistributive mechanisms. I then argue that a more promising account of this distinction is provided by the idea of the socialization of economic rent through taxation of the rental value of land, and that there are good reasons to think that a shift in the burden of taxation away from production and employment and on to the rental value of land might turn out to be both more genuinely predistributive and more effectively progressive than other possible predistributive mechanisms that have recently been proposed, most notably the aggressive taxation of private inheritances as a means to broaden the distribution of privately owned capital and productive property. (shrink)

Abstract: Non-reductive physicalism is commonly understood as the view that mental properties are realized by physical properties. Here, I argue that the realization relation in question is a power inheritance relation: if a property P realizes a property Q, then the causal powers of Q are a subset of the causal powers of P. Whereas others have motivated this claim by appealing to its theoretical benefits, I argue that it is in fact entailed by two theses: (i) (...) realization is a same-subject necessitation relation; (ii) properties have their causal powers derivatively on the causal powers of their bearers. Although the power inheritance claim that is defended here has many opponents, I take it that the two theses that entail it are either plausible or widely assumed. (shrink)

Most prions (infectious proteins) are self‐propagating amyloids (filamentous protein multimers), and have been found in both mammals and fungal species. The prions [URE3] and [PSI+] of yeast are disease agents of Saccharomyces cerevisiae while [Het‐s] of Podospora anserina may serve a normal cellular function. The parallel in‐register beta‐sheet structure shown by prion amyloids makes possible a templating action at the end of filaments which explains the faithful transmission of variant differences in these molecules. This property of self‐reproduction, in turn, (...) allows these proteins to act as de facto genes, encoding heritable information. BioEssays 30:955–964, 2008. © 2008 Wiley Periodicals, Inc. (shrink)

Since the 1990s, the terms “Lamarckism” and “Lamarckian” have seen a significant resurgence in biological publications. The discovery of new molecular mechanisms have been interpreted as evidence supporting the reality and efficiency of the inheritance of acquired characters, and thus the revival of Lamarckism. The present paper aims at giving a critical evaluation of such interpretations. I argue that two types of arguments allow to draw a clear distinction between the genuine Lamarckian concept of inheritance of acquired characters (...) and transgenerational epigenetic inheritance. The first concerns the explanandum of the processes under consideration: molecular mechanisms of transgenerational epigenetic inheritance are understood as evolved products of natural selection. This means that the kind of inheritance of acquired characters they might be responsible for is an obligatory emergent feature of evolution, whereas traditional Lamarckisms conceived the inheritance of acquired characters as a property inherent in living matter itself. The second argument concerns the explanans of the inheritance of acquired characters: in light of current knowledge, epigenetic mechanisms are not able to drive adaptive evolution by themselves. Emergent Lamarckian phenomena would be possible if and only if individual epigenetic variation allowed the inheritance of acquired characters to be a factor of unlimited change. This implies specific requirements for epigenetic variation, which I explicitly define and expand upon. I then show that given current knowledge, these requirements are not empirically grounded. (shrink)

What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, (...) and whether those putative rights are defeasible. I argue here that putative inheritance rights are best made sense of as interest-rights. However, while agents may have interests in bequest and inheritance, it is also plausible that the community as a whole has interests that would be served by a confiscatory inheritance tax; and if inheritors’ and testators’ interests are strong enough to generate a prima facie right, it is also plausible that the community would have a competing prima facie right. Importantly, there is reason to think that the community’s interests trump the testator’s and the inheritor’s; if there are thoroughgoing rights in respect of inheritance, it is not at all clear that a highly confiscatory tax would violate them. (shrink)

A physicalist holds, in part, that what properties are instantiated depends on what physical properties are instantiated; a physicalist thinks that mental properties, for example, are instantiated in virtue of the instantiation of physical “realizer” properties. One issue that arises in this context concerns the relationship between the “causal powers” of instances of physical properties and instances of dependent properties, properties that are instantiated in virtue of the instantiation of physical properties. After explaining the significance of this issue, I evaluate (...) two core lines of thought that have been advanced in favor of Subset Inheritance, the view that instances of dependent properties typically have some, but not all, of the powers of physical realizers, and do not have any powers that are not also powers of physical realizers. The first argument that I address turns on our intuitive reactions to certain cases; the second appeals to the phenomenon of multiple realization. I argue that neither line of thought succeeds, and thus that insofar as we grant that an instance of a dependent property inherits some of the powers of its physical realizer, defenders of subset inheritance have not provided a compelling reason to think that it will not inherit all of the powers of its physical realizer. (shrink)

Historically, it is safe to say that very few laws did as much to stoke inequality as laws touching descents and hereditary transmissions. This paper attempts to see if the classical liberal tradition can endorse inheritance taxation so as to further fair equality of opportunity, as well as to lessen inequality of undeserved wealth. It argues that fair equality of opportunity is a necessary feature of market societies to make sure that they remain competitive. Hence, inheritance taxation is (...) most likely necessary from a classical liberal point of view as an instrument of social mobility to counter notable problems of social immobility, say hereditary vocational stratification, which a system of private property rights creates. (shrink)

In 1824 Eduard Gans, in the course of a study of inheritance law, had occasion to deal with the class of women known in Athens as epikleroi—daughters of a deceased man who, in the absence of sons, were married to their nearest relative, with the estate of the deceased passing to the son or sons of the new union. ‘For these,’ he wrote, ‘… the basic concept throughout is not that, in the absence of descendants, they themselves appear as (...) inheritors, but rather that they are inherited along with the property by the collaterals.’. (shrink)

Definitions of the term gene typically superimpose molecular genetics onto Mendelism. What emerges are persistent attempts to regard the gene as a unit of structure and/or function, language that creates multiple meanings for the term and fails to acknowledge the diversity of gene architecture. I argue that coherence at the molecular level requires abandonment of the classical unit concept and recognition that a gene is constructed from an assemblage of domains. Hence, a domain set (1) conforms more closely to empirical (...) evidence for genetic organization of DNA regions capable of transcription and (2) has ontological properties lacking in the traditional unit definition. (shrink)

Mental causation, though a forceful intuition embedded in our commonsense psychology, is difficult to square with the rest of commitments of physicalism about the mind. Advocates of mental causation have found solace in the causal inheritance principle, according to which the mental properties of mental statesshare the causal powers of their physical counterparts. In this paper, I present a variety of counterarguments to causal inheritance and conclude that the conditions for causal inheritance are stricter than what standing (...) versions of said principle imply. In line with this, physicalism may be destined to epiphenomenalism unless multiple realizability turns out false. (shrink)

‘The problem of Spartan land tenure is one of the most vexed in the obscure field of Spartan institutions.’ Walbank's remark is as true today as when it was written nearly thirty years ago. Controversy surrounding this subject has a long tradition going back to the nineteenth century and the last thirty years have witnessed no diminution in the level of disagreement, as is demonstrated by a comparison of the differing approaches in the recent works by Cartledge, Cozzoli, David and (...) Marasco. Although another study runs the risk of merely adding one more hypothesis to the general state of uncertainty, a fundamental reassessment of the question is required, not least because of its significance for the historian's interpretation of the overall character of Spartiate society. Through the introduction of a new perspective it may be possible to advance our understanding of the subject. In Section I of this essay I shall attempt to review several influential scholarly theories and to examine their feasibility and the reliability of the evidence upon which they are based. Section II will begin to construct a more plausible alternative account which is based upon more trustworthy evidence. Finally, Section III will discuss a comparatively underemphasised aspect of the topic, the property rights of Spartiate women, which suggests a rather different interpretation of the character of land tenure and inheritance from those more usually adopted. (shrink)

This study makes a sizeable leap forward in our understanding of the philosophical and jurisprudential thought related to ownership and inheritance in medieval and early modern India. A seminal 1962 monograph by J.D.M. Derrett has long provided the best account of the intellectual history of Indic ideas of ownership and property. Both concepts in turn underpinned debates about inheritance that later became central to the British colonial administration of what came to be known as Hindu law in (...) the nineteenth century. Fleming's book clears away extraneous detours in Derrett's work to focus instead on three clear lineages of legal thought that each draw on distinct philosophical foundations. The result is a story with... (shrink)

Historically, it is safe to say that very few laws did as much to stoke inequality as laws touching descents and hereditary transmissions. This paper attempts to see if the classical liberal tradition can endorse inheritance taxation so as to further fair equality of opportunity, as well as to lessen inequality of undeserved wealth. It argues that fair equality of opportunity is a necessary feature of market societies to make sure that they remain competitive. Hence, inheritance taxation is (...) most likely necessary from a classical liberal point of view as an instrument of social mobility to counter notable problems of social immobility, say hereditary vocational stratification, which a system of private property rights creates. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SENECA FALLS INHERITANCE: DISENTANGLING WOMEN, LEGISLATION AND VIOLENCE IN MONFREDO'S HISTORICAL CRIME FICTION Rosemary Erickson Johnsen National Coalition ofIndependent Scholars That men were not prevented by courts or clergy from mistreating their wives meant that, to society's institutions, women had no value. A man could be jailed, even hanged, for stealing another man's horse, but not even reproached for beating his wife. (Miriam Grace Monfredo, Through a Gold (...) Eagle) Miriam Grace Monfredo's feminist genre fiction, her "historymystery " series featuring nineteenth-century librarian Glynis Tryon, offers an opportunity to find a way ofreading literary texts that is not only feminist, but also Girardian. Girard's work provides two clear ways to construct feminist readings directly, without the mediation of overtly feminist theory. First ofthese is Girard's respect for the "quasi-theoretical" potential of literary texts, especially some of those which attend to apparently trivial matters. In Deceit, Desire and the Novel, Girard argues that (male) novelists offer insights unavailable elsewhere, including those scientific fields that claim to know more than everyone else. In its valuing of questions about snobbism, for example, Deceit, Desire and the Novel offers a woman-friendly model. The (male) novelist's question about snobbism is "too frivolous" for (men of) science, but Girard argues that "in his probe of snobbism the novelist is asking himself in his own way just what Rosemary Erickson Johnsen59 might be the hidden springs that make the social mechanism tick" (220). While I regret the fact that Girard's examples and language often ignore women, I believe his conviction that attention to matters socially coded as superficial and frivolous can produce great insight is one feminist critics can appreciate. The second Girardian tool feminists can rely upon is the method of reading texts of persecution described in The Scapegoat. Girard suggests how we might read texts ofpersecution written by naive persecutors in ways that identify with the persecuted and gather the information unintentionally supplied by the authors: "I call those persecutors naive who are still convinced that they are right and who are not so mistrustful as to cover up or censor the fundamental characteristics of their persecution. Such characteristics are either clearly apparent in the text and are directly revealing or they remain hidden and reveal indirectly" (8). Monfredo's crime novels, set in the mid-nineteenth century and focusing on such disenfranchised groups of citizens as women, slaves, Native Americans, and free African-Americans, depend for their verisimilitude on her ability to read historical sources and literary predecessors in just such a way. Accuracy requires that Monfredo's works be categorized as feminist historical crime novels, however awkward such a lengthy description may be. Her novels observe the principles not only of both genres—historical fiction and detective fiction—but also the political position offeminism, and they meet these multiple demands with considerable skill. Furthermore, resolution in crime fiction depends upon the law; working within that tradition, Monfredo is called upon to seek solutions within the system, to look for justice as the result ofa proper functioning ofthe legal and social systems. Information gathered, whether by the official representatives ofthe law or by amateurs, is turned over to the authorities. While her novels clearly respect that tradition, they also point out some limits to the judicial system's ability to contain violence. Girard's model ofits functioning, as described in Violence and the Sacred, depends upon an equality that whole segments of the society Monfredo is depicting do not in fact enjoy: "The judicial authority is beholden to no one. It is thus at the disposal ofeveryone" (23). Ifwomen cannot own property, enter into contracts or sit on juries, in what sense is the law at their disposal? Monfredo's exploration ofthis question takes its place alongside Girard's explanation of the legal system's proper functioning; ifhis theory reveals how it works when all are enfranchised, her fiction suggests some ofthe consequences that result from the existence of disenfranchised subjects. 60'Seneca Falls Inheritance' Our Seneca Falls Inheritance In her first book, Seneca Falls Inheritance (1992), Monfredo offers a theory for the reduction of violence against women: provide women with complete legal equality. The... (shrink)

This article challenges the modern orthodoxy which states that phratry membership was a necessary precondition of Athenian citizenship in the fifth and fourth centuries BC and argues that the purpose of the phratry was to establish not claims to citizenship, even though membership in a phratry was proof of citizenship, but inheritance entitlements. It questions the widespread assumption that citizens needed to be born of unions legally cemented by engyê. In turn, it challenges a recent attempt to argue that (...) legitimacy of birth and legitimacy in community were one and the same. Finally, in examines passages of orators which show that the concern of the phratry was to establish not the right to participate in Athenian polity, which was the business of the deme to determine, but the right to inherit property, and in the light of those conclusions argues that while membership in the phratry proved citizenship, it was not essential or necessary for each and every citizen of Athens to be a member of a phratry, the chief purpose of which was to establish inheritance claims. (shrink)

Both in the U.S. and in France, inheritance is probably the main factor of wealth concentration among the richest part of the population, and of its intergenerational reproduction. In so far as wealth is an opportunity, a reform of inheritance tax could be a mean to ensure a fairer distribution of opportunities in the society. Many reforms of inheritance systems have been conceived at least since Bentham. The identification and the analysis of ethical properties of reforms as (...) the ones designed by Mill, Rignano, Solvay, Huet and Haslett show that the latter is certainly the one which most satisfies the requirements of an ethics of inheritance. (shrink)

I am sure there are no men marked of God above another; for none comes into the world with a saddle on his back, neither any booted and spurred to ride him. A Leveller Commonplace, circa 1647 ... the day will come when the individual will no more be permitted to bequeath his property to his descendents even by means of a will thatn he has been permitted (since the French Revolution) to bequeath his offices and his status. Emile (...) Durkheim, 1892... despite the ideology of the `open society' and social democratic attacks upon inherited wealth through the imposition of estate and death duties, inheritance remains an important factor in the distribution of control over resources, especially wealth. Roderick Martin, 1977. (shrink)

The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as (...) Pizza Hut franchises? In Yemen, the polity of the period was a type of Islamic state, one based on the shari`a in ideology and in application and headed by a classical form of jurist-leader, a figure known as an imam. Prior to the twentieth century, this Yemeni form of a shari`a-based Islamic polity had a thousand year history in the highlands. Shari`a courts had exclusive competence as state tribunals, and judges, trained on old-style law books, heard the full gamut of litigation. By contrast, colonial changes in other Muslim societies typically entailed a sharp alteration and restriction of the sphere of the shari`a, often limiting application to the domain of "family law" alone. At the same time, the highlands had yet to commence the other great and, elsewhere, ongoing modern transformation of the shari`a, codification and legislation, which would not begin in Yemen until after the Revolution of 1962.Highland society at mid-century was agrarian, based primarily on settled plow cultivation, and the associated property regime was almost exclusively "private." In Yemen, the "private" property regime centered conceptually on milk, a category of individual ownership of immoveable property, and on the concept of mal, a commercial commodity. As a form of private, landed property, milk involved rights that could be acquired, alienated and inherited, and the associated agricultural production was based on lease contracts between landlords and sharecroppers. Pious endowments were the basis for one of the great Muslim "public" institutions, which supported mosques, schools, water systems, etc. Another fundamental "public" institution was an extension of the "private" commercial notion of mal into the state institution of the 'House of Mal,' or Treasury. Other key "public" institutions were the imamate itself, a form of Islamic state, and the shari`a court. This shari`a system can be thought of in terms of three levels of legal texts. At the highest level, shari`a doctrine, the jurisprudence of the period, constituted an ideology of the property regime. The doctrine provided models for both the range of substantive undertakings and for court processes, but the relationship of these models to the property relations and to litigation on the ground is a key question. At the lowest level, the routine documents of ongoing, uncontested practice proliferated. These included ordinary sale documents, leases, marriage contracts, endowment instruments, wills and estate inheritance instruments. Between high doctrine and low instruments were the records of shari`a court judgments, records in which the conflicts and contradictions of the property system were expressed, argued and ruled upon. In certain problem areas of the law, the ruling imams's personal doctrinal "choices" were designed to guide court judges in their rulings. (shrink)

There is ongoing controversy as to whether the genome is a representing system. Although it is widely recognised that DNA carries information, both correlating with and coding for various outcomes, neither of these implies that the genome has semantic properties like correctness or satisfaction conditions, In the Scope of Logic, Methodology, and the Philosophy of Sciences, Vol. II. Kluwer, Dordrecht, pp. 387–400). Here a modified version of teleosemantics is applied to the genome to show that it does indeed have semantic (...) properties – there is representation in the genome. The account differs in three respects from previous attempts to apply teleosemantics to genes. It emphasises the role of the consumer of representations. It rejects the standard assumption that genetic representation can be used to explain the course of an organism’s development. And it identifies the explanatory role played by representational properties of the genome. A striking consequence of this account is that other inheritance systems could also be representational. Thus, a version of the parity thesis is accepted. However, the criteria for being an inheritance system are demanding, so semantic properties are not ubiquitous. (shrink)

The study was aimed at validating the Polish version of the Trait Emotional Intelligence Questionnaire-Short Form. Our findings confirm the reliability and validity of the scale. With respect to reliability, internal consistency coefficients of the TEIQue-SF were comparable to those obtained using the original English version. The evidence of the validity of the TEIQue-SF came from the pattern of relations with the other self-report measure of EI, personality measures, as well as affective and social correlates. We demonstrated that the TEIQue-SF (...) score correlated positively with scores on the Emotional Intelligence Questionnaire. The TEIQue- SF score correlated negatively with Neuroticism and positively with Extraversion, Openness, Agreeableness, and Conscientiousness. In addition, scores on the TEIQue-SF were related to dispositional affect, i.e., correlated positively with positive affectivity and negatively with negative affectivity. The TEIQue-SF score correlated positively with social competencies as measured with the Social Competencies Questionnaire. We also found that trait EI, as measured with the TEIQue-SF, was positively related to the richness of one’s supportive social network and this relationship remained statistically significant even after controlling for Big Five variance. We also demonstrated that scoring on the TEIQue-SF was positively related to satisfaction with life and negatively related to perceived stress and these relationships remained significant, even after controlling for positive and negative affectivity. Taken together, these findings suggest that the Polish version of the TEIQue-SF is a reliable and valid measure that inherits the network of associations both from the original version of the TEIQue-SF and the full form of the Polish TEIQue. (shrink)

Jaegwon Kim’s causal inheritance principle says that the causal powers of a mental property instance are identical with the causal powers of its particular physical realizer. Sydney Shoemaker’s subset account of realization is at odds with Kim’s principle: it says that a mental property instance has fewer causal powers than Kim’s principle entails. In this paper, I argue that the subset account should be rejected because it has intolerable consequences for mental causation, consequences that are avoided by (...) accepting causal inheritance. I develop my argument in part by drawing on one of the central debates that has arisen regarding the extended mind hypothesis defended by Andy Clark and David Chalmers. (shrink)

This article presents results from a simulation‐based study of inheritance inference, that is, inference from the typicality of a property among a “base” class to its typicality among a subclass of the class. The study aims to ascertain which kinds of inheritance inferences are reliable, with attention to the dependence of their reliability upon the type of environment in which inferences are made. For example, the study addresses whether inheritance inference is reliable in the case of (...) “exceptional subclasses” (i.e., subclasses that are known to be atypical in some respect) and attends to variations in reliability that result from variations in the entropy level of the environment. A further goal of the study is to show that the reliability of inheritance inference depends crucially on which sorts of base classes are used in making inferences. One approach to inheritance inference treats the extension of any atomic predicate as a suitable base class. A second approach identifies suitable base classes with the cells of a partition (of a preselected size k) of the domain of objects that satisfies the condition of maximizing the similarity of objects that are assigned to the same class. In addition to permitting more inferences, our study shows that the second approach results in inheritance inferences that are far more reliable, particularly in the case of exceptional subclasses. (shrink)

Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit (...) class='Hi'>property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well. (shrink)

Within-category induction is the projection of a generic property from a class to a subtype of that class. The modifier effect refers to the discovery reported by Connolly et al., that the subtype statement tends to be judged less likely to be true than the original unmodified sentence. The effect was replicated and shown to be moderated by the typicality of the modifier. Likelihood judgements were also found to correlate between modified and unmodified versions of sentences. Experiment 2 elicited (...) justifications, which suggested three types of reason for the effect-pragmatics, knowledge-based reasoning, and uncertainty about attribute inheritance. It is argued that the results provide clear evidence for the default inheritance of prototypical attributes in modified concepts, although a full account of the effect remains to be given. (shrink)

Taxa and homologues can in our view be construed both as kinds and as individuals. However, the conceptualization of taxa as natural kinds in the sense of homeostatic property cluster kinds has been criticized by some systematists, as it seems that even such kinds cannot evolve due to their being homeostatic. We reply by arguing that the treatment of transformational and taxic homologies, respectively, as dynamic and static aspects of the same homeostatic property cluster kind represents a good (...) perspective for supporting the conceptualization of taxa as kinds. The focus on a phenomenon of homology based on causal processes (e.g., connectivity, activity-function, genetics, inheritance, and modularity) and implying relationship with modification yields a notion of natural kinds conforming to the phylogenetic-evolutionary framework. Nevertheless, homeostatic property cluster kinds in taxonomic and evolutionary practice must be rooted in the primacy of epistemological classification (homology as observational properties) over metaphysical generalization (series of transformation and common ancestry as unobservational processes). The perspective of individuating characters exclusively by historical-transformational independence instead of their developmental, structural, and functional independence fails to yield a sufficient practical interplay between theory and observation. Purely ontological and ostensional perspectives in evolution and phylogeny (e.g., an ideographic character concept and PhyloCode’s ‘individualism’ of clades) may be pragmatically contested in the case of urgent issues in biodiversity research, conservation, and systematics. (shrink)

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

The article analyses, in a comparative perspective, the phenomenon of the evolution of the protection of surviving spouse’s inheritance rights in France and Lithuania, the two legal systems historically having some points of interaction. The protection of the surviving spouse is one of the major preoccupations of married couples of today, the couple occupying a central role within the contemporary family. Comparative analysis reveals certain points of convergence between these two legal systems inasmuch the surviving spouse is considered by (...) both legislations as an heir ab intestat and whose protection over the years has been considerably strengthened. The surviving spouse is called to inherit alongside with the heirs of the first or second order and is entitled to the proportions in assets that have not ceased to increase. Lithuanian law seems to have been innovative at an earlier stage than French law, as it is only in the beginning of the 21st century that significant reforms were carried out in this area of law in France. Analysis has also revealed apparent differences in the scope of protection of the surviving spouse, both in regards to the protection provided by law (statutory protection), as well as protection organised by the will of the spouses (voluntary protection). In some respects the statutory protection is more extensive in France (for example, complementary statutory rights of the spouse in regards to the dwelling place or the quality of héritier réservataire) and the instruments of this protection seem to be more varied (for example, the possibility for the spouses to organise their matrimonial regime by inserting specific clauses into the nuptial contract, mechanisms outside the nuptial contracts, such as donations, wills or life insurance contracts). However, this protection might appear to be more extensive under Lithuanian law as far as the voluntary protection is concerned taking into account the introduction, by the new Lithuanian Civil Code of 2000, of the joint will of spouses under which the whole property of the deceased spouse shall be inherited by the surviving spouse (except the mandatory share of succession). The article raises some doubts as to the desirability or even feasibility of aligning the two models of protection given the fact that each of the two countries has its own history and traditions. Nevertheless, a proposition resurges from the analysis in regard to the possible improvement of the protection of the rights to the dwelling place of the surviving spouse under Lithuanian law. Some elements from the existing French model could be transposed given that the dwelling place is an essential family element providing some stability for the surviving spouse. (shrink)

This set of seven experiments examines reasoning about the inheritance and acquisition of physical properties in preschoolers, undergraduates, and biology experts. Participants (N = 390) received adoption vignettes in which a baby animal was born to one parent but raised by a biologically unrelated parent, and they judged whether the offspring would have the same property as the birth or rearing parent. For each vignette, the animal parents had contrasting values on a physical property dimension (e.g., the (...) birth parent had a short tail; the rearing parent had a long tail). Depending on the condition, the distinct properties had distinct functions (“function-predictive”) were associated with distinct habitats (“habitat-predictive”), or had no implications (“non-predictive”). Undergraduates' bias to view properties as inherited from the birth parent was reduced in the function- and habitat-predictive conditions. This result indicates a purpose-based view of inheritance, whereby animals can acquire properties that serve a purpose in their environment. This stance was not found in experts or preschoolers. We discuss the results in terms of how undergraduates' purpose-based inheritance reasoning develops and relates to larger-scale misconceptions about Darwinian evolutionary processes, and implications for biology education. (shrink)

The idea of a 'property-owning democracy' became central to John Rawls's re-evaluation of his theory of justice. This article traces the origins of Rawls's concept of `property-owning democracy' first to the writings of the economist James Meade and then to those of early twentieth-century British conservatives, focusing on the question of how the meaning of democracy was defined and re-defined throughout this history. I argue that Rawls inherited a discursive matrix from the British conservatives in which the notion (...) of 'property-owning democracy' refers to the limits that should be set on democratic practices to make democracy compatible with the needs and interests of property-owners. In addition to tracing the genealogy of the idea of a 'property-owning democracy', the article points toward more recent attempts, partially inspired by Rawls's 'political turn', to re-examine the distribution of property-ownership from the perspective of what is required for viable democratic deliberations. The article ends with an addendum lamenting the fact that when George W. Bush's administration adopted the British ideas and policies associated with 'property-owning democracy' it chose to omit 'democracy' altogether and to describe its initiative as 'ownership society'. (shrink)

This paper proposes that if individual X ‘inherits’ property F from individual Y, we should be leery of explanations that appeal to X’s being F. This bears on what I’ll call “emergent substance dualism”, the view that human persons or selves are metaphysically fundamental or “new kinds of things with new kinds of causal powers” even though they depend in some sense on physical particulars :5–23, 2006; Personal agency. Oxford University Press, Oxford, 2008). Two of the most prominent advocates (...) of this view, Lynne Rudder Baker and E.J. Lowe, suggest that emergent particulars have physical properties in virtue of the relations they bear to physical particulars—they ‘inherit’ their physical properties. In Sect. 1, I argue that having a property F this way is not instantiating F. In Sect. 2, I raise concerns that if emergent particulars don’t instantiate physical properties, then facts about emergent particulars don’t explain intentional actions. I suggest that emergent dualism would be more attractive if it could avoid this apparent consequence. In Sect. 3, I propose a view according to which some instances of physical properties are instantiated by both an emergent particular and its body. (shrink)

In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues (...) of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, _The Meaning of Property_ offers a compelling new view of property and freedom and enriches our understanding of democratic society. (shrink)

In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues (...) of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, _The Meaning of Property_ offers a compelling new view of property and freedom and enriches our understanding of democratic society. (shrink)