This chapter contains sections titled: The Indictment Background Institutions for Distributive Justice A Non‐Capitalist Property‐Owning Democracy Economic Democracy ED Versus POD POD Modified References.

According to the subset account of realization, a property, F, is realized by another property, G, whenever F is individuated by a non-empty proper subset of the causal powers by which G is individuated (and F is not a conjunctive property of which G is a conjunct). This account is especially attractive because it seems both to explain the way in which realized properties are nothing over and above their realizers, and to provide for the causal efficacy of realized (...) properties. It therefore seems to provide a way around the causal exclusion problem. There is reason to doubt, however, that the subset account can achieve both tasks. The problem arises when we look closely at the relation between properties and causal powers, specifically, at the idea that properties confer powers on the things that have them. If realizers are to be ontically prior to what they realize, then we must regard the conferral of powers by properties as a substantive relation of determination. This relation of conferral is at the heart of a kind of exclusion problem, analogous to the familiar causal exclusion problem. I argue that the subset account cannot adequately answer this new exclusion problem, and is for that reason ill-suited to be the backbone of a non-reductive physicalism. (shrink)

Everyone working on metaphysical questions about properties or propositions knows the reaction that many non-philosophers, even nonmetaphysicians, have to such questions. Even though they agree that Fido is a dog and thus has the property (or feature or characteristic) of being a dog, it seems weird, suspicious, or confused to them to now ask what that thing, the property of being a dog, is. The same reservations do not carry over to asking what this thing, Fido, is. There is (...) a substantial and legitimate project to find out more about Fido, but is there a similar substantial and legitimate project to find out more about the property of being a dog? Metaphysicians know that there is a straightforward way to motivate such a project, and much of the contemporary debate in the metaphysics of properties is in the ballpark of carrying it out. If we agree that Fido has the property of being a dog, then there is something that is a property and that Fido has. Thus we can ask about what this thing is that he has. How does it relate to Fido? Is it concrete or abstract? Is it fully present in each object that has it? And so on and so forth. Maybe the nonphilosophers are merely not used to asking such questions about unusual entities such as properties, but they are equally legitimate for them as they are for any other thing. However, even metaphysicians sometimes have the nagging feeling that something has gone wrong in the metaphysics of properties, and that a substantial metaphysical investigation into their.. (shrink)

John Rawls says: “The main problem of distributive justice is the choice of a social system.” Property-owning democracy is the social system that Rawls thought best realized the requirements of his principles of justice. This article discusses Rawls’s conception of property-owning democracy and how it is related to his difference principle. I explain why Rawls thought that welfare-state capitalism could not fulfill his principles: it is mainly because of the connection he perceived between capitalism and utilitarianism.

This chapter contains sections titled: Introduction The Republicanism of Rawls's Liberalism: An Open Question Property‐Owning Democracy Justice and Stability Tocqueville on the Ills of Democratic Personality The Republican Response Some Objections Conclusion: Lessons for Republicans and Liberals References.

This chapter contains sections titled: Property‐Owning Democracy Before Socialism: The Rise of Commercial Republicanism Property‐Owning Democracy at the Socialist High Tide (i): Progressive Conservative Origins Property‐Owning Democracy at the Socialist High Tide (ii): Liberals and Labour Revisionists Property‐Owning Democracy at the Socialist High Tide (iii): James Meade Property‐Owning Democracy After Socialism? Rawlsian and Neoliberal Lineages References.

Property dualism is enjoying a slight resurgence in popularity, these days; substance dualism, not so much. But it is not as easy as one might think to be a property dualist and a substance materialist. The reasons for being a property dualist support the idea that some phenomenal properties (or qualia) are as fundamental as the most basic physical properties; but what material objects could be the bearers of the qualia? If even some qualia require an adverbial construal (...) (if they are modifications of the thing that is conscious because of them, not properties of something else to which the subject of consciousness is related), then the property dualist can be driven to speculative forms of materialism none of which, at this point, looks more likely to be true than the more modest versions of emergent dualism defended by contemporary substance dualists. (shrink)

Substance dualism is widely rejected by philosophers of mind, but many continue to accept some form of property dualism. The assumption here is that one can consistently believe that (1) mental properties are not physical properties, while denying that (2) mental particulars are not physical particulars. But is this assumption true? This paper considers several analyses of what makes something a physical particular (as opposed to a non-physical particular), and it is argued that on any plausible analysis, accepting (...) (1) requires accepting (2) as well. (shrink)

The political theory of the property-owning democracy can be seen as a way of overcoming the ideological conflict between individualism and collectivism. Rawls offers the contemporary reference-point for this theory. Rawls contrasted the ideal-type of the property-owning democracy with the ideal-type of a capitalist welfare state. However, the terms of that contrast are not well drawn and raise a number of questions, in particular regarding Rawls’s a priori specification of the welfare state. An inductively derived specification of ideal-typical welfare states (...) suggests that horizontal redistribution, in line with the principle of social savings, is more important than vertical redistribution. Rawls’s preference for a social dividend or negative income tax scheme can be contrasted with the use of social insurance, but the latter has a claim to instantiate Rawlsian ideals better than a social dividend. There is a potential problem with the pre-emption of private savings in the welfare state, but this turns out not to be troublesome empirically or conceptually. The irony of the discussion is that those who have interpreted Rawlsian theory as justifying the welfare state have the better of the argument, despite Rawls’s own views. (shrink)

What determines qualitative sameness and difference? This book explores four principal accounts of the ontological basis of properties, including universals, trope theory, resemblance nominalism, and class nominalism, considering the assumptions and ontolological commitments which are required to make each into a plausible account of properties. -/- The latter half of the book investigates the applications of property theory and the different conceptions of properties which might be adopted with these in mind: first, the possibility and desirability of (...) individuating properties, and the distinction between sparse and abundant conceptions of properties; second, the distinction between intrinsic and extrinsic properties; third, the relationship between properties and their causal powers, and whether this is necessary or contingent; fourth, the relationship between properties and causation, modality, and laws of nature; finally, whether properties exist objectively, and if they do, what our epistemic position is with respect to such entities. (shrink)

The concept of self-ownership was first articulated in anglophone political thought in the decades between the outbreak of the English Civil War and the Glorious Revolution. This book traces the emergence and evolution of self-ownership over the course of this period, culminating in a reinterpretation of John Locke's celebrated but widely misunderstood idea that "every Man has a Property in his own Person." Often viewed through the prism of libertarian political thought, self-ownership has its roots in the neo-Roman or republican (...) concept of liberty as freedom from dependence on the will of another. As Lorenzo Sabbadini reveals, seventeenth-century writers believed that the attainment of this status required not only a specific kind of constitution but a particular distribution of property as well. Many regarded the protection of private property as constitutive of liberty, and it is in this context that the vocabulary of self-ownership emerged. Others expressed anxieties about the corrupting effects of excessive concentrations of wealth or even the institution of private property itself. Bringing together canonical republican writers such as John Milton and James Harrington, lesser-known pamphleteers, and Locke, a theorist generally regarded as being at odds with neo-Roman thought, Property, Liberty, and Self-Ownership in Seventeenth-Century England is a bold, innovative study of some of the most influential concepts to emerge from this groundbreaking period of British history. "This book is a major achievement, offering a novel and highly original account of property and liberty in seventeenth-century English republican thought. It is a brilliant piece of scholarship that makes an important contribution to the history of early modern political thought." Markku Peltonen, University of Helsinki. (shrink)

Over the last century, many philosophers have argued in favour of a liberal-egalitarian accommodation of capitalism, in which the liberty of the market is to be combined with an egalitarian distribution of property. Theorists of positive freedom, amongst others, have been prominent in arguing for the liberal-egalitarian accommodation. They have argued that an egalitarian distribution of private property is necessary to give every citizen equal positive freedom. To lead an autonomous life, every citizen needs control over some private property. The (...) liberal-egalitarian accommodation to capitalism has come under threat in the last decades, as documented by a renewed widening of inequalities in wealth and income. In this essay, I will argue that this predicament requires us to look at one important precondition of the positive freedom argument. This precondition I call the de-politization of private property. Private property is conceived of as a purely private phenomenon, which has no effects on the exercise of political power. However, whether this precondition is met is a contingent matter; and so defenders of the positive freedom argument therefore need to turn their attention to the problem posed by the relation between private property and political power. (shrink)

“Basic equality” is the thesis that all (or nearly all) human beings are equal in moral status. Widespread interpersonal differences among humans make the task of justifying basic equality notoriously difficult. One strategy for circumventing this difficulty is to identify some morally significant binary (“all-or-nothing”) property that all humans have. This strategy seems promising: if the basis of equality is binary, then those who have it have it equally. However, skeptics have argued against this strategy on the grounds that a (...) proper defense of basic equality requires that we identify a morally significant property that can vary among humans but does not in fact vary. This paper examines various ways in which this skeptical argument can be motivated and concludes that they all fail. (shrink)

This chapter contains sections titled: Redistributing Wealth, I: Taxing Large Estates and Incomes Redistributing Wealth, II: The Structure of Universal Assets Individual Assets versus Common Wealth Property‐Owning Democracy as an Incomplete Ideal Appendix: Accumulation of Capital Assets Over a 35‐Year Period References.

This paper explores how a regime recognizable as a Rawlsian property-owning democracy might be enshrined constitutionally in the context of the U.S. Five specific constitutional amendments are proposed: establishing an equal right to education, establishing a guaranteed social minimum, clarifying the legitimacy of regulating corporate political speech for the sake of political equality: establishing an individual right to a share of society’s productive wealth, and assuring communities of significant size the right to remain economically viable over time. The substance and (...) reasoning behind each proposal is discussed in length, and the paper also briefly discusses why a focus on constitutional amendments may be helpful both in clarifying how a property-owning democracy might be realized in practice and in establishing clear goals for social movements motivated by the aim of establishing a more equitable distribution of wealth, power, and opportunity in the United States. (shrink)

This book explains China's intellectual property perspective in the context of European theories, through a critical examination of intellectual property theory and practice focused on China's compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The author's critical review of contemporary intellectual property philosophy suggests that justifying intellectual property protection through Locke or Hegel's property theories internalizes a theoretical paradox. "Professor Wenwei Guan's treatment of intellectual property law and practice in the PRC offers new perspectives that enrich (...) an already active field of study. This book will be a useful contribution to academic and policy discourses examining conceptual and operational dimensions of China's intellectual property protection system and the broader process of China's international engagement." - Dr. Pitman B. Potter, Professor of Law, University of British Columbia, Canada "Dr. Guan reminds us of the daunting challenge of the public-private divide in forming and reforming TRIPS regime; how this regime has failed to address development needs and public concerns in developing countries like China; and how TRIPS's 'birth defect' can be overcome and its evolution can be put back on the right track." - Dr. Yahong Li, Associate Professor at Faculty of Law, Hong Kong University. (shrink)

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

This chapter contains sections titled: From Liberalism to Republican Liberalism Cohen's Critique of Rawls A Liberal Republican Political Economy Liberal and Republican Approaches to Effective Political Agency The Republican Alternative Conclusion References.

This paper is concerned with Michel Serres’s critique of property. Through the concept of ‘le propre,’ which in French can mean both ‘clean’ and ‘one’s own,’ and a naturalist reading of Rousseau, he proposes a ‘stercorian’ eco-criticism of property. Focusing on concepts of limits provides a fruitful angle from which to illuminate Serres’s critique of law and property. The first section will introduce Serres as a thinker of limits, borders, and boundaries. In the second and third parts, attention will be (...) drawn to his eco-criticism of law and property from a feminist and philosophy of science perspective, concluding with a fourth part, in which Serres’s approach will be contextualized in relation to other naturalisms. His work has far-reaching consequences for discourses of human agency in the context of the Anthropocene and makes a crucial contribution to how a new naturalist criticism of property might be conceived. (shrink)

This book provides a detailed account of the role of property in German Idealism. It puts the concept of property in the center of the philosophical systems of Kant, Fichte, and Hegel and shows how property remains tied to their conceptions of freedom, right, and recognition. The book begins with a critical genealogy of the concept of property in modern legal philosophy, followed by a reconstruction of the theory of property in Kant's Doctrine of Right, Fichte's Foundations of Natural Right, (...) and Hegel's Jena Realphilosophie. By turning to the tradition of German Rechtsphilosophie, as opposed to the more standard libertarian and utilitarian frameworks of property, it explores the metaphysical, normative, political, and material questions that make property intelligible as a social relation. The book formulates a normative theory of property rooted in practical reason, mutual recognition, and social freedom. This relational theory of property, inspired by German Idealism, brings a fresh angle to contemporary property theory. Additionally, it provides crucial philosophical background to 19th century debates on private property, inequality, labor, socialism, capitalism, and the state. The Concept of Property in Kant, Fichte, and Hegel will appeal to scholars and advanced students interested in 19th Century German philosophy, social and political philosophy, philosophy of law, political theory, and political economy. (shrink)

Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency (...) or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues. (shrink)

Tim Bayne and Susanna Siegel have recently offered interesting arguments in favor of the view that we can experience high-level properties like being a pine tree or being a stethoscope (Bayne 2009, Siegel 2006, 2011). We argue first that Bayne’s simpler argument fails. However, our main aim in this paper is to show that Siegel’s more sophisticated argument for her version of the high-level view can also be resisted if one adopts a view that distinguishes between perceptual experiences and (...) seemings. (shrink)

This paper gives a perspectival overview of the semantics of potential property-referring terms and presents new and surprising generalizations about explicit property-referring terms like 'the property of being wise', which raise fundamental issues regarding ontology and learnability and a core-periphery distinction in natural language ontology.

Ownership is a relation with characteristics that force society to function more effectively and that make property a target of much hostility. Among the intellectual enemies of property, Locke is arguably the most influential. His “enough and as good left for others” condition, that he believed to be easily satisfied, was a failed attempt morally to justify property. Instead, it succeeded in undermining its legitimacy. Hume identified the existence of a convention,—in today's language, a Nash-equilibrium—which, being wholly voluntary and ageless, (...) has attractive moral qualities besides ensuring the “stability of possession”. A recent attack against the “myth of property” by Murphy and Nagel is guided by an erroneous understanding of the nature of conventions. (shrink)

The article argues that Rawls’s property-owning democracy should not be understood as a necessary standard of democratic legitimacy. This position contradicts Rawls’s own understanding to some extent, but a rejoinder with elements of political liberalism is possible. He concedes that justice as fairness is a ‘comprehensive liberal doctrine’ and that a well ordered society affirming such a doctrine ‘contradicts reasonable pluralism’. Rawls makes clear that reasonable pluralism in combination with the burdens of judgment lead to rare unanimity in political life (...) and to the necessity of majority and plurality voting procedures. (shrink)

Identity, existence, predication, necessity, and truth are fundamental philosophical concerns. Colin McGinn treats them both philosophically and logically, aiming for maximum clarity and minimum pointless formalism. He contends that there are real logical properties that challenge naturalistic metaphysical outlooks. These concepts are not definable, though we can say a good deal about how they work. The aim of Logical Properties is to bring philosophy back to philosophical logic.