The recent Lithuanian court practice shows discrepancies in cases dealing with partitioning of common partial divided property. Moreover, no doctrinal research has been concluded on the limits and conditions of the co-owners‘ right to demand that his share should be partitioned from the common partial ownership in Lithuania. Taking into account that proper implementation of co-ownership rights is based on common agreement of co-owners, when no agreement is reached between co-owners regarding the fact (...) and the mode of partitioning, a question arises on what conditions and to what extent the co-owner is free to implement his right to demand partitioning of his share from the common partial ownership. The research on historical developments of the partition law in different European countries shows that the co-owner’s right to partition is based on the idea of pluralistic conception of the modern property law objects. The authors of this article argue that this conception allows the co-owner to enjoy the right to dispose of his share in the common ownership as a separate object of civil turnover at his own volition and without the other co-owner’s consent. However, the right to partition is not absolute and is limited by the rights of the other co-owner to his share of the same property, so the right to partition may be implemented only following the proportionality and interest balance between the co-owners. (shrink)

The formal theory of the Model of Hierarchical Complexity is presented. Complexity theories generally exclude the concept of hierarchical complexity; Developmental Psychology has included it for over 20 years. It also applies to social systems and non-human systems. Formal axioms for the Model are outlined. The model assigns an order of hierarchical complexity to every task, using natural numbers, establishing a quantal notion of stage and stages of performance. This formalizes properties of stage theories in psychology. The formal theory of (...) the model enables extending the concept of hierarchical complexity to any field where tasks and their performances exist. (shrink)

In this paper, we introduce the notion of S ∗ p -partial metric spaces which is a generalization of S-metric spaces and partial-metric spaces. Also, we give some of the topological properties that are important in knowing the convergence of the sequences and Cauchy sequence. Finally, we study a new common fixed point theorems in this spaces.

According to Essentialism, an object’s properties divide into those that are essential and those that are accidental. While being human is commonly thought to be essential to Socrates, being a philosopher plausibly is not. We can motivate the distinction by appealing—as we just did—to examples. However, it is not obvious how best to characterize the notion of essential property, nor is it easy to give conclusive arguments for the essentiality of a given property. In this paper, I elaborate (...) on these issues and explore the way in which essential properties behave in relation to other related properties, like sufficient-for-existence properties and individual essences. (shrink)

Part of Frege's concern about whether number words are properties of objects was that if they could be construed as such it would lend support to the view that truths of arithmetic were empirical truths. Such concern is ill-founded. Even if number words do apply to objects as predicates, this does not entail that numerical truths would be empirical, any more than the fact that ‘bachelor’ and ‘unmarried’ are predicates of objects entails that their relationship is an empirical one. The (...) account of number words as predicates given here, consequently, should not be taken as supportive of any one particular theory concerning arithmetic truth rather than another.The view of number words that emerges above from the criticism of Frege's arguments is that sentences containing number words can and do say something about objects in a collective and syncategorematic way. That is, they say something about classes of objects, when it is clear what is to count as an object. Whether this view commits us to accepting certain ontological entities, classes of individuals, above and beyond individuals themselves, I am not prepared to say, and at any rate this question falls beyond the intended scope of this essay. To those who would eschew abstract entities, however, it may be noted that the ontological problems that arise are not peculiar to this view; they seem no more or less severe than those that arise in connection with other collective predicate statements, as, for example, “Blue whales are becoming extinct.”The view presented here also does not pretend to be a fatal criticism of the logicist program. Taking our cue from the above noted fact that syncategorematic predicates share in a common ‘partial’ abstract sense, it seems reasonable to say that it is just the set of such partial senses of number words, and the relationships that hold between such senses, that the logicist and the pure number theorist investigate. (shrink)

The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial (...) way of categorizing the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue. (shrink)

According to a defense of scientific realism known as the “divide et impera move”, mature scientific theories enjoying predictive success are partially true. This paper investigates a paradigmatic historical case: the prediction, based on Fresnel’s wave theory of light, that a bright spot should figure in the shadow of a disc. Two different derivations of this prediction have been given by both Poisson and Fresnel. I argue that the details of these derivations highlight two problems of indispensability arguments, which state (...) that only the indispensable constituents of this success are worthy of belief and retained through theory-change. The first problem is that, contrary to a common claim, Fresnel’s integrals are not needed to predict the bright spot phenomenon. The second problem is that the hypotheses shared by to these two derivations include problematic idealizations. I claim that this example leads us to be skeptical about which aspects of our current theories are worthy of belief. (shrink)

Common sense believes in objects which, if real, routinely lose component parts or particles. Statues get chipped, people undergo haircuts and amputations, and ships have planks replaced. Sometimes philosophers argue that in addition to these objects, there are others which could not possibly lose any of their parts or particles, nor have new ones added to them--objects which could not possibly have been bigger or smaller, at any time, than how they actually were.1 (Sometimes the restriction on size is (...) argued independently of the restriction on switches of parts.2) If these other objects are real at all, they are alarmingly abundant. Exactly where the statue sits, there sits a parcel or piece of clay which would cease to be itself, and hence cease to exist, were even so small a part as the statue's nose removed.3 In exactly the place where the recently reconditioned ship is found, there is a mass of wood which never contained, and never could contain, any particles of wood--or bits of wood-stuff--other than those it now has.4 Moreover, since masses of matter (or "aggregates") can continue to exist even if divided into separate parts, while parcels cannot, the abundance is two-fold: where every parcel is found, there is also a mass.5 But how can there be room for all these additional objects if, at any time, two different objects cannot occupy exactly the same place? Or, worse, if even some of these additional objects are real, how can room remain for familiar objects? Recent treatments of this ancient puzzle have urged that we retain both "the principle of one object to a place" and the other ontological assumptions which make that principle seem to force a choice between affirming the reality of familiar objects, and that of the strangely brittle intruders.6 But all the recent treatments have left standing the reality of at least some of these brittle objects.7 By doing so they have passed up what is, perhaps, the simplest and safest response to the ancient puzzle.. (shrink)

In terms of formal deductive systems and multi-dimensional Kripke frames we study logical operations know, informed, common knowledge and common information. Based on [6] we introduce formal axiomatic systems for common information logics and prove that these systems are sound and complete. Analyzing the common information operation we show that it can be understood as greatest open fixed points for knowledge formulas. Using obtained results we explore monotonicity, omniscience problem, and inward monotonocity, describe their connections and (...) give dividing examples. Also we find algorithms recognizing these properties for some particular cases. (shrink)

This thesis divides naturally into two parts, each concerned with the extent to which the theory of $L$ can be changed by forcing.The first part focuses primarily on applying generic-absoluteness principles to how that definable sets of reals enjoy regularity properties. The work in Part I is joint with Itay Neeman and is adapted from our paper Happy and mad families in $L$, JSL, 2018. The project was motivated by questions about mad families, maximal families of infinite subsets of $\omega (...) $ of which any two have only finitely many members in common. We begin, in the spirit of Mathias, by establishing a strong Ramsey property for sets of reals in the Solovay model, giving a new proof of Törnquist’s theorem that there are no infinite mad families in the Solovay model.In Chapter 3 we stray from the main line of inquiry to briefly study a game-theoretic characterization of filters with the Baire Property.Neeman and Zapletal showed, assuming roughly the existence of a proper class of Woodin cardinals, that the boldface theory of $L$ cannot be changed by proper forcing. They call their result the Embedding Theorem, because they conclude that in fact there is an elementary embedding from the $L$ of the ground model to that of the proper forcing extension. With a view toward analyzing mad families under $\mathsf {AD}^+$ and in $L$ under large-cardinal hypotheses, in Chapter 4 we establish triangular versions of the Embedding Theorem. These are enough for us to use Mathias’s methods to show that there are no infinite mad families in $L$ under large cardinals and that $\mathsf {AD}^+$ implies that there are no infinite mad families. These are again corollaries of theorems about strong Ramsey properties under large-cardinal assumptions and $\mathsf {AD}^+$, respectively. Our first theorem improves the large-cardinal assumption under which Todorcevic established the nonexistence of infinite mad families in $L$. Part I concludes with Chapter 5, a short list of open questions.In the second part of the thesis, we undertake a finer analysis of the Embedding Theorem and its consistency strength. Schindler found that the the Embedding Theorem is consistent relative to much weaker assumptions than the existence of Woodin cardinals. He defined remarkable cardinals, which can exist even in L, and showed that the Embedding Theorem is equiconsistent with the existence of a remarkable cardinal. His theorem resembles a theorem of Harrington–Shelah and Kunen from the 1980s: the absoluteness of the theory of $L$ to ccc forcing extensions is equiconsistent with a weakly compact cardinal. Joint with Itay Neeman, we improve Schindler’s theorem by showing that absoluteness for $\sigma $ -closed $\ast $ ccc posets—instead of the larger class of proper posets—implies the remarkability of $\aleph _1^V$ in L. This requires a fundamental change in the proof, since Schindler’s lower-bound argument uses Jensen’s reshaping forcing, which, though proper, need not be $\sigma $ -closed $\ast $ ccc in that context. Our proof bears more resemblance to that of Harrington–Shelah than to Schindler’s.The proof of Theorem 6.2 splits naturally into two arguments. In Chapter 7 we extend the Harrington–Shelah method of coding reals into a specializing function to allow for trees with uncountable levels that may not belong to L. This culminates in Theorem 7.4, which asserts that if there are $X\subseteq \omega _1$ and a tree $T\subseteq \omega _1$ of height $\omega _1$ such that X is codable along T, then $L$ -absoluteness for ccc posets must fail.We complete the argument in Chapter 8, where we show that if in any $\sigma $ -closed extension of V there is no $X\subseteq \omega _1$ codable along a tree T, then $\aleph _1^V$ must be remarkable in L.In Chapter 9 we review Schindler’s proof of generic absoluteness from a remarkable cardinal to show that the argument gives a level-by-level upper bound: a strongly $\lambda ^+$ -remarkable cardinal is enough to get $L$ -absoluteness for $\lambda $ -linked proper posets.Chapter 10 is devoted to partially reversing the level-by-level upper bound of Chapter 9. Adapting the methods of Neeman, Hierarchies of forcing axioms II, we are able to show that $L$ -absoluteness for $\left |\mathbf {R}\right |\cdot \left |\lambda \right |$ -linked posets implies that the interval $[\aleph _1^V,\lambda ]$ is $\Sigma ^2_1$ -remarkable in L.prepared by Zach Norwood.E-mail: [email protected]. (shrink)

"Partial realism" is a common position in the contemporary philosophy of science literature. It states that the "essential" elements of empirically successful scientific theories accurately represent corresponding features the world. This thesis makes several novel contributions related to this position. Firstly, it offers a new definition of the concept of “empirical success”, representing a principled merger between the use-novelty and unification accounts. Secondly, it provides a comparative critical analysis of various accounts of which elements are "essential" to the (...) success of a theory, including structural realism and the divide et impera strategy. A novel account of essentialness, entitled the “empirically successful sub-theory "account", is defended. Thirdly, it is argued that the realism/anti-realism debate should put to the side metaphysical questions and focus instead on partial realism's commitment to the continuity of science. Because this commitment lacks metaphysical implications, it is referred to as "deflationary realism". Anti-realists cannot reject deflationary realism as a matter of a priori principle; its overall viability can therefore only be assessed by a careful examination of the history of science. Finally, another consequence of partial realism, named "partial rationalism", is defended. Partial rationalism states that, in cases where several competing theories have been suggested, scientists are rational just in case they accept the essential elements of each of the scientific theories on offer. This novel position subverts the existing literature on scientific "revolutions", as it sometimes demands that scientists devise a synthesis between competing scientific theories, instead of "choosing" only one. The philosophical points defended in this thesis are illustrated and supported by case studies from the history of science, including Fresnel’s wave theory of light, the Copernican revolution, the "neo-Darwinian synthesis" in evolutionary biology, the "prion revolution" in molecular biology, the miasma theory of disease, and the chemical revolution. (shrink)

In Feb. 2022 Sungho Kimlee passed away. In his memory, we present this revised and abridged version of a portion of his dissertation, Factions and Orders: from Machiavelli to Madison. Sungho summarized the work as follows: “Since antiquity, thinkers have held that every society consists of two hostile orders – the few and the many. But they have disagreed on the proper method for defusing this civic divide, and their various proposed remedies can be classified into three approaches. The first (...) approach aims to eliminate the division between the rich and the poor by abolishing private property. Plato’s Republic inaugurated this method, which was later embraced with ambivalence by Thomas More and vigorously defended by Karl Marx. The second approach merely aims to contain the harmful effects of the binary civic divide. Plato proposed two methods for accomplishing this in the Laws: Plutarch championed the first method, and Aristotle the second. My dissertation traces the genealogy of the third approach – the method of supplanting the binary civic divide with more numerous divisions. This oft-neglected method was pioneered by Rousseau, who prescribed the creation of artificial divisions by the state as a remedy for majority factions. (shrink)

Children and adults commonly produce more generic noun phrases (e.g., birds fly) about animals than artifacts. This may reflect differences in participants’ generic knowledge about specific animals/artifacts (e.g., dogs/chairs), or it may reflect a more general distinction. To test this, the current experiments asked adults and preschoolers to generate properties about novel animals and artifacts (Experiment 1: real animals/artifacts; Experiments 2 and 3: matched pairs of maximally similar, novel animals/artifacts). Data demonstrate that even without prior knowledge about these items, the (...) likelihood of producing a generic is significantly greater for animals than artifacts. These results leave open the question of whether this pattern is the product of experience and learned associations or instead a set of early-developing theories about animals and artifacts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Recovering Aquinas's Common-Good-Oriented Right of RebellionNathaniel A. MoatsIntroductionAs recent events have woefully displayed, armed rebellion is not a topic of merely theoretical interest.1 While theory seemingly has very little impact on the citizens participating in armed rebellions, theory still remains of paramount importance, providing crucial criteria to evaluate, restrain, apply, and respond to such force. Criteria such as legitimate authority, just cause, right intention, necessity, proportionality, and likelihood (...) of success have been offered by thinkers advocating "just war" theory from across diverse political, philosophical, and religious backgrounds, garnering widespread agreement over the centuries. Contemporary scholars who identify as "historically oriented" just war thinkers have continued to defend that historical tradition as a sufficient and substantial guide for contemporary practice.2 Yet some have questioned whether the it can provide useful aid for dealing with contexts of political tyranny. In a 2013 article, Valeria Morkevičius describes [End Page 175] Western culture as divided over the moral permissibility of armed rebellion, with advocates basing their views on the Enlightenment ideas found in John Locke and Jean-Jacques Rousseau, whereas traditional just war theorists have generally denied a right to armed rebellion.3 In Morkevičius's perspective, she argues that there can be justified use of armed force against tyranny and calls upon other scholars to help create a "just rebellion theory" that would "radically reimagine" traditional just war thinking.4 She claims that there is a "lack of a systematic and rigorous ethical framework for evaluating the justness of rebellions"5 and that "a new theory of just rebellion—a systematic way of evaluating the justness of real world rebellions, of determining appropriate state responses to domestic rebellions, and of weighing the pros and cons of intervention" is needed.6In line with Morkevičius' sentiments, the last ten years has seen the increasing rise of self-proclaimed just war revisionists.7 Jeff McMahan, the figurehead for this movement, claims that the classical just war criteria "can no longer stand."8 McMahan argues that traditional just war theory has [End Page 176] depicted war as a morally sui generis category of violence in which unique moral principles apply.9 The moral asymmetry of war is also reinforced by a "statist" and "collectivist" orientation that overrides the importance of individuals and their rights of life, liberty, property, and other fundamental goods. Instead of seeing war as a distinct category of violence, McMahan argues that war and self-defense are morally symmetrical. Further, he argues that combatants should be depicted as individuals distinct from their political or collective identity.10 In other words, McMahan offers a theory of war oriented around individuals and their rights based in the concept of justified self-defense.11 Extending McMahan's theory, Cécile Fabre has particularly targeted the criterion of legitimate authority as morally problematic.12 Rejecting the exclusive authorization of armed force by political authorities, she argues in favor of an individual's right to war, and by extension the right to rebellion.13 Therefore, given the historical just war tradition's emphasis on the criterion of legitimate authority (i.e., the restriction of armed force [End Page 177] to established authorities) and resistance to support armed rebellions due to the lack of recognized political leaders, revisionists conclude that traditional just war thinking is inadequate for providing contemporary guidance in the context of rebellion.14To challenge revisionist claims, I analyze Thomas Aquinas's ingenuity and relevance for future "just rebellion" thinking. First, I argue that classical just war thinking is not as antithetical to armed rebellion as suggested.15 One just rebellion theory has coexisted alongside the classical formation of just war theory, albeit often neglected or ignored by contemporary thinkers.16 It is well known that Aquinas formalized the Augustinian classical just war theory revolving around the criteria of legitimate authority, just cause, and right intention. Much less known, however, is the fact that Aquinas also crafted criteria for justified armed rebellions. While Aquinas's just war thinking rearticulates Augustine's perspective, Aquinas appropriated his mentor's views to allow for justified armed rebellions. Aquinas's originality was displayed not only in allowing justified armed... (shrink)

A long-standing common-law policy holds that anyone may lawfully use force to repel or arrest a criminal threatening property, and a fortiori that force may be used to defend one’s own property. But there are limits to these powers. In cases where some amount of violence is justified but excessive force is used, some common-law jurisdictions will deny any defence to murder. Killing through excessive force is neither justified nor excused. Other jurisdictions will allow a (...) class='Hi'>partial defence, excusing from the fullest penalty and reducing the offence to manslaughter or unlawful homicide, on the ground that the actor should be punished for a grievous miscalculation. By analyzing the relationships between persons and property and investigating the historical development of self-help doctrines, the principles defining excessive force here may be reduced to four. First, property cannot easily be conceived as a value worth protecting by force where there is no accompanying threat to the person. Second, the law may nonetheless see a presumptive identity between an owner’s person and his property which is external to his person, so that violent defence of property becomes justified even without a threat to bodily or personal safety. Third, intentionality and purpose play an important role in attributing legal blame for excessive force in protecting property, and the test of allowable quantum of force is not objective. Finally, the legal and ethical issues are transformed when we move from individual to collective property. Judgments concerning state and international legality regarding excessive force may derive only limited guidance from the contours of criminal law and private law. Yet, much of international conflict today is carried out by private actors who do not wear uniforms or wrap themselves in the shield of state immunity, and the domestic legal dimension thus begins to have purchase on issues of excessive force in war and communal conflict. (shrink)

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

The aim of this paper is to motivate a view on dispositions according to which dispositions and their manifestations are partially identical, the DM identity theory. It sets out by extrapolating the desiderata of a dispositionalist account of properties. It then shows that the previous theories are burdened with different problems, whose common cause, so the argument goes, is the separation assumption, which almost all share. It states that dispositions and their manifestations are numerically distinct. The paper then explores (...) whether the separation assumption can be abandoned and shows that there are precursors of a DM identity theory. The DM identity theory is then outlined in its central features and it is outlined how they can fulfil the desiderata of dispositionalism. (shrink)

Let \ be a class of formulas. We say that a theory T in classical logic has the \-disjunction property if for any \ sentences \ and \, either \ or \ whenever \. First, we characterize the \-disjunction property in terms of the notion of partial conservativity. Secondly, we prove a model theoretic characterization result for \-disjunction property. Thirdly, we investigate relationships between partial disjunction properties and several other properties of theories containing Peano arithmetic. (...) Finally, we investigate unprovability of formalized partial disjunction properties. (shrink)

In this paper, first, I want to clarify the nature and function of private property. Second, I want to clarify the distinction between “common” goods and property and “public” goods and property, and explain the construction error inherent in the institution of public goods and property. Third, I want to explain the rationale and principle of privatization.

In this paper I propose a solution to the qualitative version of David Miller's verisimilitude reversal argument. Miller (1974) shows that verisimilitude rankings are relative to language choice and hence, are not objective. My solution stems from a reply to an earlier solution proposed by Eric Barnes (1991). Barnes argues that the verisimilitude reversal problem can be solved by revealing an epistemic dimension. I show that Miller's problem cannot be solved by side-stepping foundational metaphysical claims as his epistemic solution suggests. (...) Rather, a substantive metaphysical basis grounds identity relations among properties. The problem of verisimilitude cannot be solved without embracing the fundamental metaphysical distinctions between basic and composite properties that ground the relationship of partial identity among properties. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 100-101 [Access article in PDF] Kathy Eden. Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus. New Haven, CT: Yale University Press, 2001. Pp. ix + 194. Cloth, $35.00. When Erasmus returned from England to the continent in 1500 almost all his money was confiscated before he embarked, although his patron, Lord Mountjoy, had (...) assured him that customs regulations applied only to English currency. Upon his arrival in Paris—poor as a church mouse and feeling rather unwell—he immediately set out writing a new gift for his patron, lest Mountjoy would assume that the humanist was angry with him. A few days later Erasmus had gathered a modest collection of 818 proverbs or adagia, a "treasury or storehouse of the accumulated wealth of classical antiquity collected for common use and thus one of his principal contributions to a cultural program for cooperation," as Kathy Eden defines them (4); not a material but an intellectual wealth, a wisdom transmitted throughout generations and civilizations in the form of proverbs.This Adagiorum Collectanea became a bestseller because it provided both humanists and careerists with numerous bon mots to embellish their (Latin) style and to enhance their arguments. During his first visit to Italy Erasmus spent a few months in the household of the famous humanist and printer Aldus Manutius in Venice. This resulted in a reissue in [End Page 100] 1508 of what was now entitled Adagiorum chiliades, since the collection had been expounded to 3260 proverbs. It opened with 'Friends hold all things in common', an ancient wisdom acknowledging the commonality between friendship and property. Eight more official editions came from the press with an ever-increasing number of adagia, up to 4151 in the final edition, published as volume two of the collected works (Basle: Froben, 1536). Erasmus kept also enlarging the entries themselves, some of them becoming small essays—for instance, the famous Festina lente (Adag. II i 1) or the equally well-known Dulce bellum inexpertis (Adag. IV i 1)—which were even republished separately.In her introduction to Friends Hold All Things in Common Kathy Eden gives a quick survey of the genesis of the Adagia referring her readers for further information to more specific studies on the topic. In keeping with the opening adage she focuses on the ancient philosophical tradition that Erasmus claims as his intellectual inheritance from the past, a tradition rooted in the legal transfer of property. The humanist inherits his understanding of both friendship and property from an ancient philosophical tradition going back to Pythagoras and Plato, as well as Aristotle and Cicero. This pagan tradition is confronted and linked with the concepts of early-Christian writers, such as Tertullian, Origen, Jerome, Basil and Augustine. Not only is there a similarity between some ideas of pagan philosophers and Christian thinkers; they can even be a source of inspiration to pious living. The publication of the Adages also reflected changing attitudes and practices concerning property: thanks to the press of Manutius in Venice (and later of Frobenius in Basle), an increasing number of people was able to appropriate the heritage of classical wisdom, which had hitherto been the intellectual property of only very few. It was precisely in Venice, around the transition from the fifteenth to the sixteenth century, that the first laws regarding intellectual property—be it copyright of the author or protection of the printer's efforts—began to make an occurrence.The author proves to be well-read in both classical, biblical and patrologic sources—I particularly appreciated her combinations and confrontations of pagan and Christian sources. Of course, she is thoroughly familiar with Erasmus's Adagia, too, with an occasional excursion towards his other pedagogical treatises, such as the Antibarbarus, the Enchiridion or the Paraclesis, an adhortation to study Christian philosophy.Friends Hold All Things in Common is a carefully edited publication with hardly any noticeable language or printing errors. As a classicist I feel slightly disappointed... (shrink)

Objects partially resemble when they are alike in some way but not entirely alike. Partial resemblance, then, involves similarity in a respect. It has been observed that talk of “respects” appears to be thinly‐veiled talk of properties. So some theorists take similarity in a respect to require property realism. I will go a step further and argue that similarity in intrinsic respects (partial intrinsic resemblance) requires properties to be immanent in objects. For a property to be (...) immanent in an object is roughly for it to be wholly present in that object. (So understood, immanence does not imply repeatability, and thus tropes count as immanent.) If two objects are intrinsically similar in one way but not another, there must be a difference between the two ways. And if the similarity is between the objects as they are in themselves, then this difference, too, must be within the objects. Partial intrinsic resemblance thus requires internal structure. Without it, there can be no distinctions between ways in which things are intrinsically alike and ways in which they aren't. I will argue, further, that distinctions between properties that transcend objects fail to account for the possibility of partial intrinsic resemblance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 100-101 [Access article in PDF] Kathy Eden. Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus. New Haven, CT: Yale University Press, 2001. Pp. ix + 194. Cloth, $35.00. When Erasmus returned from England to the continent in 1500 almost all his money was confiscated before he embarked, although his patron, Lord Mountjoy, had (...) assured him that customs regulations applied only to English currency. Upon his arrival in Paris—poor as a church mouse and feeling rather unwell—he immediately set out writing a new gift for his patron, lest Mountjoy would assume that the humanist was angry with him. A few days later Erasmus had gathered a modest collection of 818 proverbs or adagia, a "treasury or storehouse of the accumulated wealth of classical antiquity collected for common use and thus one of his principal contributions to a cultural program for cooperation," as Kathy Eden defines them (4); not a material but an intellectual wealth, a wisdom transmitted throughout generations and civilizations in the form of proverbs.This Adagiorum Collectanea became a bestseller because it provided both humanists and careerists with numerous bon mots to embellish their (Latin) style and to enhance their arguments. During his first visit to Italy Erasmus spent a few months in the household of the famous humanist and printer Aldus Manutius in Venice. This resulted in a reissue in [End Page 100] 1508 of what was now entitled Adagiorum chiliades, since the collection had been expounded to 3260 proverbs. It opened with 'Friends hold all things in common', an ancient wisdom acknowledging the commonality between friendship and property. Eight more official editions came from the press with an ever-increasing number of adagia, up to 4151 in the final edition, published as volume two of the collected works (Basle: Froben, 1536). Erasmus kept also enlarging the entries themselves, some of them becoming small essays—for instance, the famous Festina lente (Adag. II i 1) or the equally well-known Dulce bellum inexpertis (Adag. IV i 1)—which were even republished separately.In her introduction to Friends Hold All Things in Common Kathy Eden gives a quick survey of the genesis of the Adagia referring her readers for further information to more specific studies on the topic. In keeping with the opening adage she focuses on the ancient philosophical tradition that Erasmus claims as his intellectual inheritance from the past, a tradition rooted in the legal transfer of property. The humanist inherits his understanding of both friendship and property from an ancient philosophical tradition going back to Pythagoras and Plato, as well as Aristotle and Cicero. This pagan tradition is confronted and linked with the concepts of early-Christian writers, such as Tertullian, Origen, Jerome, Basil and Augustine. Not only is there a similarity between some ideas of pagan philosophers and Christian thinkers; they can even be a source of inspiration to pious living. The publication of the Adages also reflected changing attitudes and practices concerning property: thanks to the press of Manutius in Venice (and later of Frobenius in Basle), an increasing number of people was able to appropriate the heritage of classical wisdom, which had hitherto been the intellectual property of only very few. It was precisely in Venice, around the transition from the fifteenth to the sixteenth century, that the first laws regarding intellectual property—be it copyright of the author or protection of the printer's efforts—began to make an occurrence.The author proves to be well-read in both classical, biblical and patrologic sources—I particularly appreciated her combinations and confrontations of pagan and Christian sources. Of course, she is thoroughly familiar with Erasmus's Adagia, too, with an occasional excursion towards his other pedagogical treatises, such as the Antibarbarus, the Enchiridion or the Paraclesis, an adhortation to study Christian philosophy.Friends Hold All Things in Common is a carefully edited publication with hardly any noticeable language or printing errors. As a classicist I feel slightly disappointed... (shrink)

Erasmus' Adages, a vast collection of the proverbial wisdom of Greek and Roman antiquity, was published in 1508 and became one of the most influential works of the Renaissance. It also marked a turning point in the history of Western thinking about literary property. At once a singularly successful commercial product of the new printing industry and a repository of intellectual wealth, the Adages looks ahead to the development of copyright and back to an ancient philosophical tradition that ideas (...) should be universally shared in the spirit of friendship. In this elegant and tightly argued book, Kathy Eden focuses on both the commitment to friendship and common property that Erasmus shares with his favourite philosophers - Pythagoras, Plato, and Christ - and the early history of private property that gradually transforms European attitudes concerning the right to copy. In the process she accounts for the peculiar shape of Erasmus' collection of more than 3,000 proverbs and provides insightful readings of such ancient philosophical and religious thinkers as Pythagoras, Plato, Aristotle, Cicero, Iamblichus, Tertullian, Basil, Jerome, and Augustine. (shrink)

Property regimes are based on fundamental values of the society or group that designs and reproduces them. This paper analyses the ethical underpinnings of Progressive Commons in comparison to the...

A partial ordering P is said to have the weak Freese-Nation property if there is a mapping tf : P → [P]0 such that, for any a, b ε P, if a b then there exists c ε tf∩tf such that a c b. In this note, we study the WFN and some of its generalizations. Some features of the class of Boolean algebras with the WFN seem to be quite sensitive to additional axioms of set theory: e.g. (...) under CH, every ccc complete Boolean algebra has this property while, under b 2, there exists no complete Boolean algebra with the WFN. (shrink)

In Morality, the distinguished religious leader and philosopher Rabbi Jonathan Sacks diagnoses our troubled times as a period of "cultural climate change." Delivering an insightful critique of our modern condition, and assessing its roots and causes from the ancient Greeks through the Reformation and Enlightenment to the present day, Sacks argues that there is no liberty without morality, and no freedom without responsibility.

One controversial position in the debate over dispositional and categorical properties maintains that our concepts of these properties are the result of partially considering unitary properties that are both dispositional and categorical. As one of its defenders (Heil 2005, p. 351) admits, this position is typically met with “incredulous stares”. In this paper, I examine whether such a reaction is warranted. This thesis about properties is an instance of what I call “the Partial Consideration Strategy”—i.e., the strategy of claiming (...) that what were formerly thought of as distinct entities are actually a unified entity, partially considered. By evaluating its use in other debates, I uncover a multi-layered prima facie case against the use of the Partial Consideration Strategy in the dispositional/categorical properties debate. In closing, I describe how the Partial Consideration Strategy can be reworked in a way that would allow it to sidestep this prima facie case. (shrink)

Argues that a pluralistic understanding of truth can foster productive conversations about common concerns involving religion, science, ethics, politics, economics, and ecology without falling into relativism. In this book, Donald A. Crosby defends the idea that all claims to truth are at best partial. Recognizing this, he argues, is a necessary safeguard against arrogance, close-mindedness, and potentially violent reactions to differences of outlook and practice. Crosby demonstrates how “partial truths” are inevitably at work in conversations and debates (...) about religion, science, morality, economics, ecology, and social and political progress. He then focuses on the concept in the discipline of philosophy, looking at a number of distinctions that are taken to be strictly binary—those between fact and value, continuity and novelty, rationalism and empiricism, mind and body, and good and evil—and demonstrates how in all of these cases, each on its own can offer only an incomplete picture. Partial Truths and Our Common Future invites ongoing dialogue with others for the sake of mutual enlargements of understanding rather than mere civility, and provides incentive for continuing open-minded and shared inquiries into the important issues of life. “This is a transdisciplinary philosophical work that moves with grace across traditions, time periods, and thinkers. It is a master class in the existential and public relevance of philosophy and a rare example of a book that is both timely and timeless.” — Michael S. Hogue, author of The Promise of Religious Naturalism. (shrink)

No theory of a partially ordered set of finite width has the independence property, generalizing Poizat's corresponding result for linearly ordered sets. In fact, a question of Poizat concerning linearly ordered sets is answered by showing, moreover, that no theory of a partially ordered set of finite width has the multi-order property. It then follows that a distributive lattice is not finite-dimensional $\operatorname{iff}$ its theory has the independence property $\operatorname{iff}$ its theory has the multi-order property.

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual (...) property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property. (shrink)

This paper introduces a refined approach to conceptualising the commons in order to shed new light on cooperative practices. Specifically, it proposes the novel concept of Common-Property Assets. CPAs are exclusively human-made resources owned under common-property ownership regimes. Our CPA model combines quantity and quality. While these two dimensions are largely pre-existing in the conventional case of natural common-pool resources, they directly depend on members’ collective action in CPAs. We apply this theoretical framework to farm (...) machinery sharing agreements—a widespread grassroots cooperative phenomenon in agriculture—using a systematic literature review to generalise the findings from a sample of 54 studies published from 1950 to 2018. Our findings show that in successful CPAs, members endorse and do not deviate from a quantity-quality equilibrium that is collectively agreed upon. Despite the existence of thresholds for both quantity and quality due to membership heterogeneity, qualitative changes in respect of the common good are possible in CPAs that promote democratic practices. Our study has potentially strong implications for developing ethics in cooperatives and the sustainable development of communities worldwide. (shrink)

This chapter contains section titled: Introduction Familiar Analyses of the Concept of Property The Commons and its Tragedy The Anticommons and its Tragedy The Accounts of Commons and Anticommons Property Elaborated and Applied The Liberal Commons Retrospect and Prospect References.

This essay investigates a strand of left-republicanism that emerged in France in the late nineteenth and early twentieth centuries. The solidarists developed a distinctive theory of social property and a thorough critique of the liberal, republican, and socialist alternatives. Solidarism rests on the claim that the modern division of labor creates a social product that does not naturally belong to the individuals who control it as their private property; property, therefore, should be conceived as “common wealth,” (...) divided into individual and public shares. When the wealthy appropriate a disproportionate share, they have a quasi-contractual debt to society that they are obliged to repay. The concepts of social debt, common-wealth, reparations, and rent played an important role in legitimizing egalitarian policies, but they have been largely forgotten today. This article resuscitates the theoretical arguments introduced by the solidarists and explains their relevance for contemporary debates about alternative economic arrangements. (shrink)

Pharmacogenetics and pharmacogenomics are related facets of cutting edge therapeutic research in a field that relates pharmacological properties to the genetic characteristics of human beings. An optimistic interpretation suggests that “One-Size-Fits-All” therapeutics, whose effects can only be predicted in probabilistic terms, will give way eventually to individual tailor-made therapies with entirely predictable properties in each patient. Yet the concept of anticipating individual pharmacotherapeutic response appears to disregard some of the fundamental limitations of causal understanding in the biological world of structure–action (...) relationships. It is not simply a problem of confronting complexity – which might be overcome in time with advances in biotechnology and computing power – but the inescapable paradox of the genetic characteristics of individuals within the human species. The aleatory process of evolution ensures that with the exception of monozygotic twins, every human being is genetically unique. At the same time there appears to be more in common than divides. Pharmacogenomics provides a climate in which to explore and better understand the variable causal relationships between genetic element, protein and therapeutic or toxic actions, but can only do so in abstraction. Thus␣predictive power may be enhanced but is ultimately constrained by insuperable probabilistic considerations. (shrink)

The evolution of microstructure upon partial crystallization and its influence on the mechanical properties such as hardness, elastic modulus and viscosity in a La 55 Al 25 Cu 10 Ni 5 Co 5 bulk metallic glass alloy are studied. Specimens with various volume fractions of crystalline phases were obtained by annealing the as-cast amorphous alloy above its glass transition temperature and were characterized by transmission electron microscopy. Microscopic examination of the heat-treated samples shows short-range-ordered domains prior to nanocrystallization within (...) the amorphous matrix, followed by the growth and impingement of the crystallites. Whereas the hardness of the annealed samples increases linearly with increasing crystallinity, the elastic modulus and the viscosity both increase abruptly when the crystalline volume fraction is about 40 vol.%, with a only minor variation on either side of this range. The sudden rises in the modulus and viscosity are similar to those in the literature data on the fracture strength of partially crystallized bulk amorphous alloys that shows a steep drop in strength at 30-50 vol.% crystallinity. On the basis of the microscopic observations, it is suggested that the interaction and formation of rigid networks of crystalline phases upon the attainment of a critical second-phase volume fraction may be the possible reason for the sudden change in mechanical properties. Percolation theory is utilized in further substantiating this hypothesis. (shrink)

One controversial position in the debate over dispositional and categorical properties maintains that our concepts of these properties are the result of partially considering unitary properties that are both dispositional and categorical. As one of its defenders (Heil 2005, p. 351) admits, this position is typically met with “incredulous stares”. In this paper, I examine whether such a reaction is warranted. This thesis about properties is an instance of what I call “the Partial Consideration Strategy”—i.e., the strategy of claiming (...) that what were formerly thought of as distinct entities are actually a unified entity, partially considered. By evaluating its use in other debates, I uncover a multi-layered _prima facie_ case against the use of the Partial Consideration Strategy in the dispositional/categorical properties debate. In closing, I describe how the Partial Consideration Strategy can be reworked in a way that would allow it to sidestep this _prima facie_ case. (shrink)

According to the partial identity account of resemblance, exact resemblance is complete identity and inexact resemblance is partial identity. In this paper, I examine Arda Denkel's (1998) argument that this account of resemblance is logically incoherent as it results in a vicious regress. I claim that although Denkel's argument does not succeed, a modified version of it leads to the conclusion that the partial identity account is plausible only if the constituents of every determinate property are (...) ultimately quantitative in nature. (shrink)

A partial ordering $\mathbb{P}$ is $n$-Ramsey if, for every coloring of $n$-element chains from $\mathbb{P}$ in finitely many colors, $\mathbb{P}$ has a homogeneous subordering isomorphic to $\mathbb{P}$. In their paper on Ramsey properties of the complete binary tree, Chubb, Hirst, and McNicholl ask about Ramsey properties of other partial orderings. They also ask whether there is some Ramsey property for pairs equivalent to $\mathit{ACA}_{0}$ over $\mathit{RCA}_{0}$. A characterization theorem for finite-level partial orderings with Ramsey properties has (...) been proven by the second author. We show, over $\mathit{RCA}_{0}$, that one direction of the equivalence given by this theorem is equivalent to $\mathit{ACA}_{0}$, and the other is provable in $\mathit{ATR}_{0}$. We answer Chubb, Hirst, and McNicholl’s second question by showing that there is a primitive recursive partial ordering $\mathbb{P}$ such that, over $\mathit{RCA}_{0}$, “$\mathbb{P}$ is 2-Ramsey” is equivalent to $\mathit{ACA}_{0}$. (shrink)

This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected (...) by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose. (shrink)

I develop an account of private property that preserves public participation and access. A focus on the initial state of common ownership, labour, and the proviso reveals that standard Lockean defences of property ignore important common interests. In consequence, property rights over environmentally significant goods must be less strong than full liberal rights, and I show how these will be designed.

In this article I make three inter-related arguments. First, I argue that contemporary critical political theory should re-assert the city as a privileged site of political action. Second, I suggest that in the process of such a re-assertion, the dominant “open” conception of the city, characteristic of much critical urban studies, should be reworked in order to be properly “political”; that is, framed within an agonistic, Left-Schmittian model of politics. Finally, I claim that one way to “politicize” the city in (...) this manner is to think of it as a site of “common property”. (shrink)

This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and (...) digital information. In Section 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)