This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled (...) to form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

A “post-work world” can mean a couple of things. First, it can mean a world where we attach less importance to work, restructure work so that tasks and authority are distributed more equitably, and otherwise decenter and reform the world of work. Second, it can mean a world where people are no longer working because robots, artificial intelligence, and other forms of automation have replaced humans and there are no longer enough jobs for everyone. This paper is about the second (...) kind of world, and how to support the workers it leaves behind. -/- Automation has always eliminated jobs, but in the past new jobs have appeared to replace them. This may be changing. Thanks to recent advances in automation, machines and software can now do an increasingly large percentage of the tasks that humans do. “Technological unemployment” is what happens when automation can do so many different tasks that new jobs do not appear in sufficient numbers to employ everyone (Keynes 1932). In short, automation may soon leave a very large part of the potential workforce permanently unemployed, leading to a social, political, economic, and humanitarian crisis. For ease of reference, I refer to the technologically unemployed as being displaced from the economy. -/- The displaced need incomes. One obvious source of funds is the money saved through technological unemployment. On the scale of an entire economy, technological unemployment increases the labor savings from automation, for in addition to the usual labor savings from automation, there is less of a need to pay new workers, for there are fewer new jobs. I call this money the displacement gain. This is money that becomes available precisely because technological unemployment has occurred. It is important to understand that the displacement gain is not the same thing as the profit that results from gains in productivity. Automation does not necessarily produce displacement but it does produce gains in productivity, and the profits from gains in productivity occur even when no one is displaced. A productivity gain does not become a displacement gain until technological unemployment occurs. -/- The core of this paper is a set of arguments that the displacement gain is not the private property of businesses or those who have ownership interests in businesses (I refer to both groups as “capitalists”), nor is it the private property of those lucky enough to still have jobs. For these and additional reasons, the displacement gain is collective property in which every person has an equal interest. Moreover, it is a kind of collective property that has been largely overlooked. (Better-known forms of collective property include the natural world and “social capital.” ) As far back as Thomas Paine (1796), many thinkers have argued that, because we all have equal interests in collective property, it should be distributed to everyone, working or not, rich or poor, as equal and unconditional basic incomes. The displacement gain is a new kind of collective property which can fund basic incomes, and those incomes can support the displaced. That’s how to pay for a post-work world. -/- However, I will argue, in order to distribute those funds equally we must pay unequal basic incomes, for those who are technologically unemployed bear a larger share of the burden involved in creating that collective property, and therefore deserve larger basic incomes to offset their larger burdens. My discussion of this leads to a possible solution to a problem that bedevils basic income proposals: how to prevent businesses from, in effect, appropriating basic incomes from their employees by simply paying them less, using basic incomes as a payroll subsidy . (shrink)

The notion that immigrants have a right to immigrate to the U.S. appears to conflict with the government’s or citizens’ property rights. Michael Huemer has given one of the most interesting and provocative arguments on immigration in years. It turns the dominant view on its head. Unfortunately, the argument fails. U.S. citizens own land, individually, collectively, and via their government. For immigrants to gain a right to enter on it, Huemer must think that the landowners have lost their rights (...) to their land, the landowners’ rights are overridden, or the landowners’ rights are undermined. He does not show that any of these are true. A separate issue and one not discussed here is whether it is a wise policy to reduce or end immigration to the United States. (shrink)

I develop and defend a version of panpsychism that avoids the combination problem by appealing to plural collective properties.

Technological unemployment is what happens when automation eliminates jobs and not enough new jobs arrive to employ everyone, leaving part of the workforce permanently unemployed. Who owns the money that used to pay them? Business owners will argue that it’s theirs. I will argue that it’s not. I consider and refute several arguments for their claim, and then argue that this money is collective property. Because it’s collective property, we can use it to fund basic incomes (...) for the technologically unemployed without violating anyone’s property rights. Moreover, it is equal in amount to the total incomes lost to technological unemployment, and therefore big enough to fund a decent standard of living for the unemployed, no matter how numerous they are. This is a new kind of collective property, distinct and different from other collective properties, such as the natural world, employment rents, and social capital. (shrink)

In this paper I explore the influence of an organisation's structure, such as that of the National Education System, in the emergence of desirable social properties. In this case the concern is schools with adequate performance. It is assumed that there is a circular causality between structure and the social results of schools. I highlight some of the structural requirements to have justice, sense of belonging, trust, honesty and cooperation as emerging properties of these schools, beyond normative statements. These are (...) requirements for effective citizenship. In order to study this, it is necessary to observe the structures that constitute collectives into organisations. Central to this paper is a case study that I carried out at Millfield Primary School in the U.K., which focused on the observation of citizenship as a dynamic process permanently being constructed. This case went beyond the normative understanding of citizenship as established in the new school curriculum to be implemented from September 2002. I take the view that the aim of citizenship is to build up a community in which one is constituted as a citizen. For that purpose we need enabling people to build up their own communities. My conclusion from this case study suggests that current educational methodologies aim at teaching a "model of" citizenship rather than at providing the necessary tools to think about and create suitable spaces "for" citizenship. The case study shows that it is necessary to reinforce in schools practical methods to create membership and respect for others. (shrink)

In this paper I explore the influence of an organisation's structure, such as that of the National Education System, in the emergence of desirable social properties. In this case the concern is schools with adequate performance. It is assumed that there is a circular causality between structure and the social results of schools. I highlight some of the structural requirements to have justice, sense of belonging, trust, honesty and cooperation as emerging properties of these schools, beyond normative statements. These are (...) requirements for effective citizenship. In order to study this, it is necessary to observe the structures that constitute collectives into organisations. Central to this paper is a case study that I carried out at Millfield Primary School in the U.K., which focused on the observation of citizenship as a dynamic process permanently being constructed. This case went beyond the normative understanding of citizenship as established in the new school curriculum to be implemented from September 2002. I take the view that the aim of citizenship is to build up a community in which one is constituted as a citizen. For that purpose we need enabling people to build up their own communities. My conclusion from this case study suggests that current educational methodologies aim at teaching a "model of" citizenship rather than at providing the necessary tools to think about and create suitable spaces "for" citizenship. The case study shows that it is necessary to reinforce in schools practical methods to create membership and respect for others. (shrink)

The essay deals with the issue of how a non-summativist account of collective epistemic traits can be properly justified. We trace the roots of this issue in virtue epistemology and collective epistemology and then critically examine certain views advanced to justify non-summativism. We focus on those considered by Fricker, including Gilbert’s concept of plural subjects, which she endorses. We find her analysis of these views problematic for either going beyond the parameters of the summativism-nonsummativism debate or contradicting common (...) intuitions about epistemic trait ascriptions. As an alternative, we advance the idea that collective epistemic traits are system properties; or that epistemic traits act as system properties when attributed to collectives taken in their own right. Working as a system, the individual members of a collective perform their designated roles or tasks in coordination and cooperation with each other to achieve theirjoint intentions. Being attributes exclusive to systems, collective epistemic traits cannot, therefore, be attributed in the same respect to the individuals comprising these systems, thereby blocking any summative account of these traits. This model also easily sidesteps the problems besetting Fricker’s preferred one. (shrink)

National governments in almost all developing countries have begun to decentralize policies and decision making related to development, public services, and the environment. Existing research on the subject has enhanced our understanding of the effects of decentralization and thereby has been an effective instrument in the advocacy of decentralization. But most analyses, especially where environmental resources are concerned, have been less attentive to the political coalitions that prompt decentralization and the role of property rights in facilitating the implementation of (...) decentralized decision making. By comparing decentralization in four cases in South Asia—Forest Councils in Kumaon in India, Joint Forest Management in India, the Parks and People Program in Nepal's Terai, and Community Forestry legislation in Nepal—this article provides answers to two questions: When do governments decentralize environmental decision making? and Which types of property rights must be devolved if decentralized decision making is to be effective? (shrink)

The Successive Addition Argument (SAA) is one of the key arguments espoused by William Lane Craig for the thesis that the universe began to exist. Recently, Malpass, Mind, 131(523), 786–804 (2021) has developed a challenge to the SAA by way of constructing a counterexample that originates in the work of Fred Dretske. In this paper, I show that the Malpass-Dretske counterexample is in fact no counterexample to the argument. Utilizing a distinction between properties of members and properties of collections, I (...) argue that Malpass’ counterexample has no bearing on the soundness of the SAA. I also develop a novel parity argument against Malpass’ argument that I demonstrate can only be resolved by way of the aforementioned analysis. (shrink)

The literature on social interactions has shown that participants coordinate not only at the behavioral but also at the physiological and neural levels, and that this coordination gives a temporal structure to the individual and social dynamics. However, it has not been fully explored whether such temporal patterns emerge during interpersonal coordination beyond dyads, whether this phenomenon arises from complex cognitive mechanisms or from relatively simple rules of behavior, or which are the sociocultural processes that underlie this phenomenon. We review (...) the evidence for the existence of group-level rhythmic patterns that result from social interactions and argue that the complexity of group dynamics can lead to temporal regularities that cannot be predicted from the individual periodicities: an emergent collective rhythm. Moreover, we use this interpretation of the literature to discuss how taking into account the sociocultural niche in which individuals develop can help explain the seemingly divergent results that have been reported on the social influences and consequences of interpersonal coordination. We make recommendations on further research to test these arguments and their relationship to the feeling of belonging and assimilation experienced during group dynamics. (shrink)

China’s E-commerce market is very active. Despite the impact of COVID-19, the market has ushered in major development opportunities. Alongside, the level of intellectual property protection in China is constantly improving. However, there are relatively few studies on intellectual property protection in the field of E-commerce. This study introduces the theory of social cogovernance and explores the construction of China’s E-commerce intellectual property protection system with the participation of collective organizations. Evolutionary game method is applied to (...) model construction. Through numerical simulation, the study analyzes the evolution of E-commerce platform and collective organization strategic choice. The results depict that improving the open space provided by E-commerce platforms for collective organizations and strengthening their public service capabilities can promote the construction of social cogovernance systems. The establishment of reasonable reward and punishment mechanisms can increase cooperation enthusiasm. We also discuss the theoretical and practical implications for governments, E-commerce platforms, and collective organizations, to improve the level of intellectual property protection in E-commerce. This study can provide suggestions for China’s E-commerce intellectual property protection, improve the overall level of intellectual property protection in China, and provide a reference for global E-commerce intellectual property protection. (shrink)

Locke's claims about the "inadequacy" of substance-ideas can only be understood once it is recognized that the "sort" represented by such an idea is not wholly determined by the idea's descriptive content. The key to his compromise between classificatory conventionalism and essentialism is his injunction to "perfect" the abstract ideas that serve as "nominal essences." This injunction promotes the pursuit of collections of perceptible qualities that approach ever closer to singling out things that possess some shared explanatory-level constitution. It is (...) in view of this norm regulating natural-historical inquiry that a substance-idea represents a sort for which some such constitution serves as the "real essence," i.e. as that on which all the sort's characteristic "properties" depend. (shrink)

This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property (...) and personhood to her recent works on governmental "taking" of private property. Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory. (shrink)

Secure property rights are considered a common institutional feature of rapidly growing economies. Although different property rights regimes have prevailed around the world over time, relatively little scholarship has empirically characterized the historical property rights of societies outside Western Europe. Using data from Egypt’s Mamluk Sultanate, this article provides a detailed characterization of land tenure patterns and identifies changes to real property holdings associated with an institutional bargain between Egypt’s slave soldiers—the mamluks—and the sultan. Although agricultural (...) land was a collective resource of the state, individual mamluks—state actors themselves—established religious endowments as a privatizing work-around to the impermissibility of transferring mamluk status to their sons. The article’s characterization of landholding patterns in medieval Egypt provides an empirical illustration of how Middle Eastern institutions differed from those in other world regions as well as an understanding for how and why regimes come under political stress as a result of their property rights institutions. (shrink)

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.

The theoretical foundations of the social structure of the society and the historical forms of ownership were discussed in the article. The presence of many types of property is a necessary condition for its normal functioning in society. As a result of these types of property, the needs and activities of every person in society are fully satisfied. From ancient times to the present day, attitudes towards property issues have developed in different ways in different regimes. Even (...) before the creation of society, people generally, used and took advantage of collective property. Over time, as a result of a number of events occurring in the world and in nature, collective property began to lose its relevance. After property inequality began to emerge, stratification among people began to form, which acted as a driving force for the creation of other forms of property. The collective form of property gradually changed and began to be replaced by individual and other forms of property. Modern production is conditioned by the transformation of economic, social and other spheres, which, in turn, creates the basis for the formation of new types of social systems and requires the reconsideration of property as the main category of private-legal relations. Since property is multi-subject, it not only expands and complicates the internal structure of property subjects, but also means the formation of new social classes according to the place they occupy (the functions they perform) in property relations.The modern structure of property relations is formed as a complex multi-level system: the close contact of individual and common beginnings, levels of ownership, the specificity of various sociаl fields creates the opportunity and demand for the formation of various forms of property, determines their dynamics and transformation in advance. Different classes and groups of owners, territorial associations, state, national groups and monopolies become the subjects of property relations. (shrink)

This article makes the case for a specific variety of what we call Collective Capital Institutions (CCIs), by returning to the idea of Wage-Earner Funds (WEFs) – a 1970s Swedish policy proposal designed gradually to shift ownership and control over parts of the economy to democratically controlled institutions. We identify two attractive rationales in favour of such a scheme and argue that both can fruitfully be transposed to the current worldwide economic situation. The egalitarian rationale is that WEFs could (...) help in the pursuit of equality by giving a wider set of people a stake in collectively owned companies and a right to their profits. The democratic rationale is that WEFs redistribute not only these profits, but also the power over economic decisions made within companies. We then contrast such schemes for collective capital ownership with the similar but much more privatised proposals set out in, for instance, John Rawls's idea of a ‘property-owning democracy’. We argue that CCIs ultimately are more likely to contribute to the development of the ‘sense of justice’ within society that is needed for a stable just society. We conclude that CCIs deserve a great deal more exploration in academic and political discussions of egalitarian economic systems. (shrink)

This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. However, in my redescription, these so-called “original acquisition stories” appear as methodological devices for an analytic reduction and resolution of property into its fundamental (...) elements and axioms. Through these stories, property is “created” in the form of the classical liberal paradigm of presumptively exclusive, private ownership of material things. The problem is that this project of “creation” is also a project which arbitrarily excludes or marginalizes other forms and systems of property, and especially usufructuary forms of common property. After critically explicating this early modern project of creation, I go on to argue that the classical liberal paradigm and its problems continue to inform property theory and discourse in the late modern era. (shrink)

Property law plays a crucial role in the ability of groups, especially ones composed of geographically-adjacent members, to establish and maintain significant forms of "community" around a shared social, economic, or ideological interest. Property may also, however, have the opposite effect of undermining or even destroying communities, particularly those that rely on fragile modes of cooperation. This Article identifies three major types of territorial communities: Intentional Communities—close-knit groups that initially organize around a consolidating non-instrumental idea and employ sweeping (...) internal norms to validate their communality. Planned Communities — comprised mostly of residential developments of homeowners associations, which rely on a formal set of conditions, covenants, and restrictions incorporated in the association’s governing documents. Spontaneous Communities — clusters of initially unorganized neighbors who succeed in cooperating and coordinating over time. The evolvement of such organizations may be essential to the creation of an interpersonal "social capital" and to a physical and functional improvement of the community’s surroundings. For each one of these types of communities, property law plays a very different role. Thus, while Intentional Communities do not strictly hinge upon the existence of a supportive property system to flourish, Planned Communities cannot be conceived without the security of an overt, formal, state-backed regime, and Spontaneous Communities may often need property law’s affirmative backing to thrive and enjoy the social and economic benefits of sustainable collective action. (shrink)

The goal of this paper is to present a collection of properties of the set of atoms and the set of finite injective tuples of atoms, as well as of the powersets of atoms in the framework of finitely supported structures. Some properties of atoms are obtained by translating classical Zermelo–Fraenkel results into the new framework, but several important properties are specific to finitely supported structures.

Emergence is a notorious philosophical term of art. A variety of theorists have appropriated it for their purposes ever since George Henry Lewes gave it a philosophical sense in his 1875 Problems of Life and Mind. We might roughly characterize the shared meaning thus: emergent entities (properties or substances) ‘arise’ out of more fundamental entities and yet are ‘novel’ or ‘irreducible’ with respect to them. (For example, it is sometimes said that consciousness is an emergent property of the brain.) (...) Each of the quoted terms is slippery in its own right, and their specifications yield the varied notions of emergence that we discuss below. There has been renewed interest in emergence within discussions of the behavior of complex systems and debates over the reconcilability of mental causation, intentionality, or consciousness with physicalism. (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.

Many social properties and notions are collectively made. Two collectively created aspects of the social world have been emphasized in recent literature. The first is that of the performative character of many social things (entities, properties). The second is the reflexive nature of many social concepts. The present account adds to this list a third feature, the collective availability or “for-groupness” of collective social items. It is a precise account of social notions and social facts in terms of (...) collective appearance. The collective acceptance account has ontological implications in that it accepts mind-independent, group-dependent, and simply mind-dependent social facts. (shrink)

In recent years the argument has been made that malignant tumors represent complex dynamic and self‐organizing biosystems. Furthermore, there is increasing evidence that collective cell migration is common during invasion and metastasis of malignant tumors. Here, we argue that cancer systems may be capable of developing multicellular collective patterns that resemble evolved adaptive behavior known from other biological systems including collective sensing of environmental conditions and collective decision‐making. We present a concept as to how these properties (...) could arise in tumors and why the emergence of such swarm‐like patterns would confer advantageous properties to the spatiotemporal expansion of tumors, and consequently, why understanding and ultimately targeting such collectivity should be of interest for basic and clinical cancer research alike. (shrink)

The ADHD Rating Scale—5 for Children and Adolescents, School Version, has been adopted and validated to be used in assessing ADHD among school children within Western contexts. However, there are few assessment tools in use for identifying ADHD characteristics in children in Sudan. Therefore, this study aimed to investigate the psychometric properties of this rating scale in the context of Sudan. To accomplish this, data were collected on a sample of 3,742 school-aged children and adolescents as reported by their teachers. (...) Psychometric properties can be classified as very good, with very high reliability, and high construct validity tested by exploratory and confirmatory factor analysis. Thus, the ADHD Rating Scale—5 for Children and Adolescents, School Version, is valid, reliable, and suitable to use for assessing ADHD symptoms among children and adolescents in the Sudanese context. (shrink)

This work undertakes a normative assessment of the problem of colonization of the habitats of free-roaming (“wild”) animals and proposes a normatively guided institutional solution. The first part of the article identifies the colonial wrongs associated with the colonization of animal habitat. The article contends that the defining injustice of the colonization of animal habitats consists in the violation of the animals’ collective and individual property rights—that is, their “habitat rights.” These rights are grounded in the interest the (...) animals have in their habitat: They depend on it for the fulfilment of their basic needs. It is argued that any institutional solution regulating human-animal relations needs to be appropriately contextualized as a decolonial enterprise. Thus, the article proposes to codify the framework of habitat rights using the existing decolonial policies. A sketch of such a solution based on the native title doctrine is further provided. (shrink)

In the literature of collective intentions, the ‘we-intentions’ that lie behind cooperative actions are analysed in terms of individual mental states. The core forms of these analyses imply that all Nash equilibrium behaviour is the result of collective intentions, even though not all Nash equilibria are cooperative actions. Unsatisfactorily, the latter cases have to be excluded either by stipulation or by the addition of further, problematic conditions. We contend that the cooperative aspect of collective intentions is not (...) a property of the intentions themselves, but of the mode of reasoning by which they are formed. We analyse collective intentions as the outcome of team reasoning, a mode of practical reasoning used by individuals as members of groups. We describe this mode of reasoning in terms of formal schemata, discuss a range of possible accounts of group agency, and show how existing theories of collective intentions fit into this framework. (shrink)

Simone Weil’s political thought on labour and political community by comparing it with that of liberal and republican thinkers. Her consideration of the human need for private property and on the way that labouring produces a feeling of belonging resonates with the liberal political thought of John Locke. Locke’s thought emphasizes labour’s capacity to transform land held in common into private property and the need for political community to protect individual property rights. Weil, however, emphasizes labour’s capacity (...) to transform individuals by increasing their sensitivity to the world and capacity to attend to the needs of others. Further, the purpose of political community for Weil is to nurture human spiritual needs, including a sense of obligation to others, more than the protection of individual rights. If as C.B. Macpherson argues, liberal political thought is based on possessive individualism, then Weil’s is based on an attentive individualism. Her critique of the language of rights brings her close to a strand of republican thinking, found in Karl Marx and Hannah Arendt, which values the activation and development of human capacities through participation in political community. While Weil affirms the vital necessity of collectivity for human flourishing, she maintains a critical concern with the overvaluation of the collective in relation to the individual. In significant respects, Weil’s political thought is neither liberal nor republican and as such enables us opportunities for critical and creative reimagining of inherited political ideologies. (shrink)

Properties A stone, a bag of sugar and a guinea pig all weigh one kilogram. A lily, a cloud and a sample of copper sulphate are white. A statue, a dance and a mathematical equation are beautiful. The fact that distinct particular things can be the same as each other and yet different has been … Continue reading Properties →.

This article draws on theoretical resources from economic sociology and sociology of law to intervene in economic debates about the relationship between intellectual property and industrialization. Utilizing historical evidence from the earliest period of American intellectual property law and from a formative company in the New England textile industry, I propose a social process of influence that connects intellectual property law to industrialization. I argue that, consistent with the findings of New Economic Sociology, social relationship structures and (...) social capital are the proximate influential force in industrialization. However, I also argue that transformative changes in those social relationship structures are rooted in the emergence of a particular type of political culture: what I call here, borrowing from Hannah Arendt and Frank Dobbin, a “Natal-Industrial Culture.” A Natal-Industrial Culture, as I propose it here, is a political culture in which collective hopes for the future are placed in new technologies and new cultural products, as means for achieving economic growth. Intellectual property law contributed to the emergence of this new type of political culture by holding out the promise of property, as a reward for the provision of new technologies or new cultural products. Because of the way that hope works on motivation—through cognitive pre-rehearsals of future attainment, which involve semantically-meaningful propositions and contribute to positive emotional experience—the promise of property provided a powerful stimulant to social capital formation. Working through the semantic resonances of property, intellectual property law contributed to a political culture in which invention and creativity were expected to secure a future of growth within the political community, both for particular members and for the political community, as a whole. By fostering a Natal-Industrial Culture, intellectual property law contributed to systematic invention and social capital-formation, leading, in turn, to the transformative changes in working and material provisioning that constitute industrialization. (shrink)

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner (...) and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property. (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 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)

Few philosophers believe in the existence of so-called negative properties. Indeed, many find it mind-boggling just to imagine such properties. In contrast, I think not only that negative properties are quite imaginable, but also that there are good reasons for believing that some such properties actually exist. In this paper, I want to defend the reality and irreducibility, or genuineness, as I call it, of negative properties. After briefly presenting the idea of a negative property, I collect commonly invoked (...) tests for the realness of things and attend to the question whether negative properties pass any of these. Next, I try to segregate the many different notions of irreducibility, probing whether negative properties can be reckoned to be genuine in any sense of the word. In the final section, I rebut some frequent objections raised against negative properties. _German_ Wenige Philosophen glauben an die Existenz sogenannter negativer Eigenschaften. Die meisten halten solche Eigenschaften sogar für unvorstellbar. Ich dagegen halte negative Eigenschaften nicht nur für denkbar, sondern glaube darüber hinaus, dass solche Eigenschaften tatsächlich existieren. In diesem Aufsatz möchte ich die Wirklichkeit und Irreduzibilität – oder Echtheit – negativer Eigenschaften verteidigen. Nachdem ich kurz die Idee einer negativen Eigenschaft vorstelle, ziehe ich geläufige Kriterien für die Realität von Dingen heran und überprüfe, ob negative Eigenschaften diese erfüllen. Als nächstes unterscheide ich verschiedene Begriffe von Irreduzibilität, um zu überprüfen, ob negative Eigenschaften als echt in irgendeinem Sinn des Wortes betrachtet werden können. Im letzten Abschnitt möchte ich einige häufige Einwände gegen negative Eigenschaften zurückweisen. (shrink)

This article sets out a new conception of ‘property as an asset of resilience’. Building on Fineman’s emphasis on ‘webs’ of resilience, and applying insights from Actor-Network Theory and Resilient Property Theory, we examine how the rhetorical claims asserted by owners and non-owners, individually and collectively, and the ways that law recognizes and endorses those claims, affect the production of property-as-resilience. Applying Fineman’s framework, we argue that the ‘embodiment’ and ‘embeddedness’ of human vulnerability is revealed by the (...) necessary and inevitable relationship we have with land, housing and place. Everyone—including homeless people—must ‘be’ somewhere (embodiment); however, it is our ability to access ‘assets of resilience’ through our social embeddedness in institutional structures and relationships that mitigates (or not) our experience and life opportunities. In this article we analyze the nature of real property as an asset of resilience, the consequences of exclusionary concepts of ownership for how resilience is allocated, and the implications for how we think and talk about ‘exclusion’ and ‘inclusion’ in property theories and property law. We consider the roles that states perform in the allocation of property as an asset of resilience: both directly, through the protection and enforcement of private property rights and official narratives about the nature of private property; and indirectly, as owners leverage the hinterland of privilege extended to ‘ownership’ and owners to deepen their own networks of resilience. (shrink)

Purpose: According to literature, students' attitudes towards peers with disabilities are crucial for the social inclusion of students with disabilities.Therefore, knowledge about students' behavioral intention to interact with peers with intellectual disability can help improve the social inclusion of students with ID. This study aimed to examine the psychometric properties of the Arabic version of the Behavioral Intention to Interact with Peers with Intellectual Disability Scale.Data were collected from 887 elementary school students (591 female and 296 male) from third to (...) sixth grades in Saudi Arabia.Psychometric properties of the BIS were examined with a confirmatory factor analysis, measurement invariance analysis (across gender), and reliability scales (internal consistency).The results supported the two-dimensional structure of the BIS. The internal consistency of the BIS and each of its subscales was good.Furthermore, no measurement variance was found for male and female students.The Arabic version of the scale showed good psychometric properties and therefore can be recommended to measure students' behavioral intention to interact with peers with intellectual disability. (shrink)

Jean-Guillaume-César-Alexandre-Hippolyte de Colins (1783-1859), a Belgian baron who lived mainly in Paris, sought to develop a position—rational socialism—intermediate between the extremes of full capitalism (with only private property) and full communism (with only collective property). All persons fully own themselves and the artifactual wealth that they produce, and they are entitled to an equal share of the natural resources and of the assets inherited from previous generations. Gifts and bequests are to be subject to heavy taxation (although (...) at less than 100% of their value, for efficiency reasons). Natural resources are subject to a rent-tax. A warning about the following reading: Colins writes in many places as if he held that an unrestricted right to make gifts and bequests is both necessary for efficient social functioning and required by justice. His ultimate view, however, is that efficient social functioning requires only some kind of weak (partially restricted) right to make gifts and bequest, and that justice does not require any such right. More specifically, he holds that justice requires that gifts and bequests be taxed as much as compatible with efficient social functioning. (shrink)

Collective Intelligence (CI) can be formalized as a specific1 computational process through the use of a molecular model of computations and mathematical logic, in terms of interacting information_molecules, which are chaotically or quasi-chaotically displacing and running natural-based inference processes in their own environment. The formal definition of Collective Intelligence as a property of a social structure of beings of any nature is surprisingly short and abstract (which is astonishing) from definitions of Life. The formal definition of (...) class='Hi'>Collective Intelligence proposed by the author in the last few years seems to be valid for the whole spectrum of beings, in human social structures to ants in colonies, and even for bacterial colonies. It has recently been found that the CI definition also has an engineering value. The theory of CI can also be used to better understand Evolution because it allows us to locate and relate Life and Intelligence in Evolution. Moreover, this approach presents Evolution as something more complex than can be concluded from Darwinism. Probably the most surprising fact is that a simple extrapolation of the definition of Collective Intelligence brings us to the conclusion that most probably the first elementary Collective Intelligence emerged on Earth in the "chemical soup of primeval molecules," much before Life emerged. Collective Intelligence can be defined with fewer and weaker conditions than Life requires. Perhaps the emergence of that early elementary Collective Intelligence provided the basic momentum to build Life as we now know it. Thus Evolution caused Intelligence to create Life. Our hypothesis is consistent with biochemistry theories that "primeval biochemical molecules" started to interact, "firing" the Collective Intelligence of their "elementary chemical social structure" for survival. This successful action boosted further growth of complexity in that "elementary social structure," which finally resulted in the emergence of "well-defined Life." Furthermore, it provided a self-propagating cycle of growth of individual and collective Intelligence and individual and collective Life. The Collective Intelligence of ants, wolves, humans, and so forth today is only a higher level of Collective Intelligence development. Thus the present Evolution is a computational process of unidentified complexity where Life, Intelligence, and perhaps other as yet undiscovered components play temporary roles. In this paper we provide formalization and a proposed partial proof for this hypothesis. (shrink)

abstract Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid — especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on the question of (...) whether artefacts should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. (shrink)

Intellectual disability leads to a loss of autonomy and a high level of dependence, requiring support from another person permanently. Therefore, it is necessary to incorporate the assessment of caregiver burden in healthcare actions, to avoid putting the health of caregivers and patients at risk. In this sense, the study aimed to analyze the internal structure of the Zarit Burden Interview (ZBI) in a sample of caregivers of people with intellectual disabilities, to provide convergent and discriminant evidence with a measure (...) of the risk of maltreatment, and to estimate the reliability of the scores from the Classical Test Theory and the Rasch Measurement Theory. The study was instrumental. The sample consisted of 287 Peruvian informal primary caregivers of persons diagnosed with intellectual disabilities. To collect validity evidence, the internal structure (confirmatory factor analysis, CFA) and the relationship with other variables (convergent and discriminant evidence) were used, while reliability was estimated through the omega coefficient and Rasch analysis. The internal structure of the ZBI corroborated a unidimensional structure. In terms of convergent and discriminant evidence, the scale presents adequate evidence. Reliability levels were also good. Previously, the psychometric properties of the ZBI have not been studied in caregivers of people with intellectual disabilities, and it represents the first study of the scale in Peru. The results obtained will allow the use of this scale to design actions in the work with caregivers and studies to understand the psychology of the caregiver. (shrink)

A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an (...) object, e.g., mixing in one’s labor into it, probably don’t ground particular rights to private property. Nor do bilateral contracts since a stable pre-institutional contract with regard to appropriation is not likely to form. However, a conventional method of appropriation can allow for such appropriation while at the same time preserving the pre-institutional nature of such rights. This theory can also account for a person’s property rights in her own body. However, the value of project formation requires that persons have at least some private property that is to serve as the object of their projects. These positive rights to property undermine the libertarian claim that all non-commitment-based rights are negative. However, a further empirical argument is needed in order to justify protecting these positive moral rights to private property by positive legal rights. (shrink)

A basic function of cognition is to detect regularities in sensory input to facilitate the prediction and recognition of future events. It has been proposed that these implicit expectations arise from an internal predictive coding model, based on knowledge acquired through processes such as statistical learning, but it is unclear how different types of statistical information affect listeners’ memory for auditory stimuli. We used a combination of behavioral and computational methods to investigate memory for non-linguistic auditory sequences. Participants repeatedly heard (...) tone sequences varying systematically in their information-theoretic properties. Expectedness ratings of tones were collected during three listening sessions, and a recognition memory test was given after each session. Information-theoretic measures of sequential predictability significantly influenced listeners’ expectedness ratings, and variations in these properties had a significant impact on memory performance. Predictable sequences yielded increasingly better memory performance with increasing exposure. Computational simulations using a probabilistic model of auditory expectation suggest that listeners dynamically formed a new, and increasingly accurate, implicit cognitive model of the information-theoretic structure of the sequences throughout the experimental session. (shrink)

ArgumentData collections are a hallmark of nineteenth-century administrative knowledge making, and they were by no means confined to Europe. All colonial empires transferred and translated these techniques of serialised and quantified information gathering to their dominions overseas. The colonial situation affected the encounters underlying vital statistics, enquête methods and land surveying. In this paper, two of those data collections will be investigated—a survey on land and a survey on indigenous law, both conducted around 1910 on the Micronesian island of Pohnpei, (...) which had fallen under German colonial influence a decade earlier. Strikingly, there are no enumerators or envoys of the state visiting the doorsteps of Pohnpei. To facilitate the data collection on homesteads, the whole population of the island was called upon to measure their respective plots of land themselves, without resorting to certified land surveyors. The preserved cadastral lists and spreadsheets testify to a rather peculiar contact between the colonizing administration and the colonized peoples. I argue that the production of data made encounters necessary, which are best observed though a methodological focus on data practices. I argue, furthermore, that the Pohnpeians were prompted during the surveys to define their homestead in new terms. This did not only entail new two-dimensional plots but also a new regime of private property. The change in the legal concept can be seen as a continuation of colonial violence by other means, given that it happened in the aftermath of the defeated Pohnpei Rebellion. The argument of the paper is, therefore, that data collection can have formative effects on society, and that measurement and quantified information are often, as Witold Kula argued, a scene of conflict. At its core, the installation of these metric regimes signified a change in patterns of justification, resource management and the unwritten constitution of the Pacific island. (shrink)