Scholars in philosophy, law, economics and other fields have widely debated how science, environmental precaution, and economic interests should be balanced in urgent contemporary problems, such as climate change. One controversial focus of these discussions is the precautionary principle, according to which scientific uncertainty should not be a reason for delay in the face of serious threats to the environment or health. While the precautionary principle has been very influential, no generally accepted definition of it exists and critics charge that (...) it is incoherent or hopelessly vague. This book presents and defends an interpretation of the precautionary principle from the perspective of philosophy of science, looking particularly at how it connects to decisions, scientific procedures, and evidence. Through careful analysis of numerous case studies, it shows how this interpretation leads to important insights on scientific uncertainty, intergenerational justice, and the relationship between values and policy-relevant science. (shrink)

David Lewis's work is of fundamental importance in many areas of philosophical inquiry and there are few areas of Anglo-American philosophy where his impact has not been felt. Lewis's philosophy also has a rare unity: his views form a comprehensive philosophical system, answering a broad range of questions in metaphysics, philosophy of mind, philosophy of language, philosophy of action and many other areas. This breadth of Lewis's work, however, has meant that it is difficult to know where to start in (...) Lewis's work and a casual reader may often miss some of the illuminating connections between apparently quite disparate pieces of Lewis's work. This book aims to make this body of work more accessible to a general philosophical readership, while also providing a unified overview of the many contributions Lewis has made to contemporary Anglo-American philosophy. The book can be divided into four parts. The first part examines Lewis's metaphysical picture - one of the areas where he has had the greatest impact and also the framework for the rest of his theories. The second section discusses Lewis's important contributions in the philosophy of mind, language and meaning. The third part explores some of Lewis's work in decision theory, metaethics and applied ethics, areas where his work in not necessarily as widely appreciated, but in which he has done a range of work that is both accessible and important. The final section focuses on Lewis's distinctive philosophical method, perhaps one of his most significant legacies, which combines naturalism with "common-sense" theorizing. (shrink)

This book discusses a range of important issues in current philosophical work on the nature of possible worlds. Areas investigated include the theories of the nature of possible worlds, general questions about metaphysical analysis and questions about the direction of dependence between what is necessary or possible and what could be.

This paper explores a special kind of loop of grounding: cosmic loops. A cosmic loop is a loop that intuitively requires us to go "around" the entire universe to come back to the original ground. After describing several kinds of cosmic loop scenarios, I will discuss what we can learn from these scenarios about constraints on grounding; the conceivability of cosmic loops; the possibility of cosmic loops; and the prospects for salvaging local reflexivity, asymmetry and transitivity of grounding in a (...) world containing a cosmic loop of ground. The considerations raised in this paper also bear on what we should think about relations that are meant to support grounding relations: in particular, revisions to theories of the part-whole relation are discussed. (shrink)

The program of research now known as the heuristics and biases approach began with a study of the statistical intuitions of experts, who were found to be excessively confident in the replicability of results from small samples. The persistence of such systematic errors in the intuitions of experts implied that their intuitive judgments may be governed by fundamentally different processes than the slower, more deliberate computations they had been trained to execute. The ancient idea that cognitive processes can be partitioned (...) into two main families--traditionally called intuition and reason--is now widely embraced under the general label of dual-process theories. Dual-process models come in many flavors, but all distinguish cognitive operations that are quick and associative from others that are slow and governed by rules. To represent intuitive and deliberate reasoning, we borrow the terms "system 1" and "system 2" from Stanovich and West. In the following section, we present an attribute-substitution model of heuristic judgment, which assumes that difficult questions are often answered by substituting an answer to an easier one. Following sections introduce a research design for studying attribute substitution, as well as discuss the controversy over the representativeness heuristic in the context of a dual-system view that we endorse. The final section situates representativeness within a broad family of prototype heuristics, in which properties of a prototypical exemplar dominate global judgments concerning an entire set. (shrink)

We argue that one important aspect of the “cognitive neuroscience revolution” identified by Boone and Piccinini :1509–1534. doi: 10.1007/s11229-015-0783-4, 2015) is a dramatic shift away from thinking of cognitive representations as arbitrary symbols towards thinking of them as icons that replicate structural characteristics of their targets. We argue that this shift has been driven both “from below” and “from above”—that is, from a greater appreciation of what mechanistic explanation of information-processing systems involves, and from a greater appreciation of the problems (...) solved by bio-cognitive systems, chiefly regulation and prediction. We illustrate these arguments by reference to examples from cognitive neuroscience, principally representational similarity analysis and the emergence of dynamical models as a central postulate in neurocognitive research. (shrink)

The philosophy of necessity and possibility has flourished in the last half-century, but much less attention has been paid to the question of how we know what can be the case and what must be the case. Many friends of modal metaphysics and many enemies of modal metaphysics have agreed that while empirical discoveries can tell us what is the case, they cannot shed much light on what must be the case or on what non-actual possibilities there are. In this (...) paper, in contrast, I discuss and defend naturalistic approaches to discovering the facts about necessity and possibility. After some remarks about what methodological naturalism in philosophy might amount to, I argue that naturalistic method in modal investigations may not need to be particularly revisionary of much of what is currently being done in modal investigation. I then discuss a number of respects in which a naturalistic orientation in modal investigation may improve on our current epistemic situation. (shrink)

Cryonics is the practice of cryopreserving the bodies or brains of legally dead individuals with the hope that these individuals will be reanimated in the future. A standard argument for cryonics says that cryonics is prudentially justified despite uncertainty about its success because at worst it will leave you no worse off than you otherwise would have been had you not chosen cryonics, and at best it will leave you much better off than you otherwise would have been. Thus, it (...) is a good, no-risk bet; in game-theoretic terms, cryonics is a weakly dominant strategy relative to refraining from utilizing cryonics. I object to this argument for two reasons. First, I argue that there is a practically relevant chance that cryonics will put you into an inescapable and very bad situation. Hence, cryonics is neither a no-risk bet nor a weakly dominant strategy. Second, I argue that the experience of being reanimated and living in the distant future would likely be transformative, and this likelihood undermines your justification for thinking that reanimation would be beneficial to you. I conclude that the standard argument does not show that cryonics is prudentially justified. (shrink)

One very popular kind of semantics for subjunctive conditionals is aclosest-worlds account along the lines of theories given by David Lewisand Robert Stalnaker. If we could give the same sort of semantics forindicative conditionals, we would have a more unified account of themeaning of ``if ... then ...'' statements, one with manyadvantages for explaining the behaviour of conditional sentences. Such atreatment of indicative conditionals, however, has faced a battery ofobjections. This paper outlines a closest-worlds account of indicativeconditionals that does better (...) than some of its cousins in explaining thebehaviour of such conditionals. The paper then discusses objectionsoffered by Dorothy Edgington and Frank Jackson to closest-worldsaccounts of indicative conditionals, and shows that these objections canbe met by the account outlined. (shrink)

The writings of Joseph Henry Woodger (1894–1981) are often taken to exemplify everything that was wrongheaded, misguided, and just plain wrong with early twentieth-century philosophy of biology. Over the years, commentators have said of Woodger: (a) that he was a fervent logical empiricist who tried to impose the explanatory gold standards of physics onto biology, (b) that his philosophical work was completely disconnected from biological science, (c) that he possessed no scientific or philosophical credentials, and (d) that his work was (...) disparaged – if not altogether ignored – by the biologists and philosophers of his era. In this paper, we provide the first systematic examination of Woodger’s oeuvre, and use it to demonstrate that the four preceding claims are false. We argue that Woodger’s ideas have exerted an important influence on biology and philosophy, and submit that the current consensus on his legacy stems from a highly selective reading of his works. By rehabilitating Woodger, we hope to show that there is no good reason to continue to disregard the numerous contributions to the philosophy of biology produced in the decades prior to the professionalization of the discipline. (shrink)

We offer a relatively simple and straightforward argument that each of us ought to be vegan. We don’t defend this position by appealing to ‘animal rights’ or the view that animals and humans are ‘moral equals’. Rather, we argue that animal agriculture causes serious harms to other animals (such as pain, suffering and death) and these harms are morally unjustified or caused for no good reason. This is true for both ‘factory farming’ and smaller, so-called ‘humane’ farms. We argue that (...) attempts to justify these harms don’t succeed, and conclude that raising and killing animals for food is wrong. -/- In the second part of our essay we explain how this argument relates to the choices of individuals to buy and consume animal products. Since most people don’t raise and kill animals themselves, the argument above doesn’t directly address individuals’ daily choices. To address this concern, we offer a plausible, general moral principle that describes when consumers should not purchase or consume a product: most simply, we should not support those who act wrongly by seriously harming others, provided we can safely and easily do so. Since, for most people, it is safe and relatively easy to not support those who do wrong by raising and killing animals so they can be eaten, we should not buy or consume animal food products. -/- After making our case that we ought to be vegan, we respond to some of the more challenging objections to our argument. We argue that these objections don’t succeed and so, given our previous argument, nearly everyone is morally obligated to eat a vegan diet. (shrink)

A standing challenge in the theory of counterfactuals is to solve the “deviation problem”. Consider ordinary counterfactuals involving an antecedent concerning a difference from the actual course of events at a particular time, and a consequent concerning, at least in part, what happens at a later time. In the possible worlds framework, the problem is often put in terms of which are the relevant antecedent worlds. Desiderata for the solution include that the relevant antecedent worlds be governed by the actual (...) laws of nature with no miracles; that the past in those worlds before the antecedent time matches the actual past; that the account is compatible with determinism, and that many of our ordinary counterfactual judgments are correct, and would be correct even given determinism. Many theorists have compromised on one or more of these desiderata, but this paper presents an account employing impossible worlds that satisfies them all. (shrink)

In a recent article, Elliot Sober responds to challenges to a counter-example that he posed some years earlier to the Principle of the Common Cause (PCC). I agree that Sober has indeed produced a genuine counter-example to the PCC, but argue against the methodological moral that Sober wishes to draw from it. Contrary to Sober, I argue that the possibility of exceptions to the PCC does not undermine its status as a central assumption for methods that endeavor to draw causal (...) conclusions from statistical data. 1 The PCC and the counter-example 2 Making non-stationary time series stand still 3 Sober's alternative. (shrink)

Curry's paradox for "if.. then.." concerns the paradoxical features of sentences of the form "If this very sentence is true, then 2+2=5". Standard inference principles lead us to the conclusion that such conditionals have true consequents: so, for example, 2+2=5 after all. There has been a lot of technical work done on formal options for blocking Curry paradoxes while only compromising a little on the various central principles of logic and meaning that are under threat. -/- Once we have a (...) sense of the technical options, though, a philosophical choice remains. When dealing with puzzles in the logic of conditionals, a natural place to turn is independently motivated semantic theories of the behaviour of "if... then...". This paper argues that the closest-worlds approach outlined in Nolan 1997 offers a philosophically satisfying reason to deny conditional proof and so block the paradoxical Curry reasoning, and can give the verdict that standard Curry conditionals are false, along with related "contraction conditionals". (shrink)

The global spread of corporate social responsibility (CSR) practices is widely explained in institutional-isomorphic terms: Corporations worldwide adopt CSR in reaction to isomorphic pressures exerted on them by a pro-CSR global environment, including normative calls for CSR, activist targeting, civil regulation frameworks, and educational activities. By contrast, this article considers the proactive agency of corporations in CSR diffusion, which is informed by nonmarket strategies that seek to instrumentally reshape the political and social environment of corporations. Applying a “channels-of-diffusion” perspective, we (...) show that in the initial phase of CSR’s transnational diffusion—as exemplified by the cases of Venezuela (1962-1967) and Britain (1977-1981)—CSR traveled through learning exchanges between business elite “exporters” and “importers” whose engagement in diffusion addressed crisis-enhanced political threats and opportunities in the receiving country. The focal agents established national CSR business associations, which disseminated among local corporations CSR practices adapted to confront the challenges at hand. We identify the features of such “business-led cross-national diffusions of CSR”; formulate propositions regarding their conditions, dynamics, and effects; and suggest that further research of this mode of diffusion would advance a more nuanced and balanced understanding of CSR’s globalization. (shrink)

This paper argues that radical enactivism (RE) offers a framework with the required nuance needed for understanding of the full range of the various forms of pretense. In particular, its multi-storey account of cognition, which holds that psychological attitudes can be both contentless and contentful, enables it to appropriately account for both the most basic and most advanced varieties of pretense. By comparison with other existing accounts of pretense, RE is shown to avoid the pitfalls of representationalist theories while also (...) allowing us to combine the best elements of the praxeological enactivist (Weichold & Rucińska, 2021 ) and Langland-Hassan’s ( 2020, 2021 ) proposals about pretense, while avoiding their key shortcomings. (shrink)

According to illusionism, phenomenal consciousness is an introspective illusion. The illusion problem is to explain the cause of the illusion, or why we are powerfully disposed to judge—erroneously—that we are phenomenally conscious. I propose a theory to solve the illusion problem. I argue that on the basis of three hypotheses about the mind—which I call introspective opacity, the infallibility intuition, and the justification constraint—we can explain our disposition, on introspection, to draw erroneous unconscious inferences about our sensory states. Being subject (...) to the illusion of phenomenal consciousness consists in having this disposition. I explain our ‘problem intuitions’ about consciousness —that our sensory states bear phenomenal properties that are qualitatively like something with which we are directly acquainted that is ineffable, atomic, intrinsic, private, and non-physical. I also address the illusion meta-problem, which is to explain why illusionism seems especially counterintuitive. (shrink)

Situation semantics as conceived in Kratzer (1989) has been shown to be a valuable companion to the e-type pronoun analysis of donkey sentences (Heim 1990, and recently refined in Elbourne 2001b), and more generally binding out of DP (BOOD; Tomioka 1999; Büring 2001). The present paper proposes a fully compositional version of such a theory, which is designed to capture instances of crossover in BOOD.

This paper explicates Wittgenstein's vision of our place in nature and shows in what ways it is unlike and more fruitful than the picture of nature promoted by exclusive scientific naturalists. Wittgenstein's vision of nature is bound up with and supports his signature view that the task of philosophy is distinctively descriptive rather than explanatory. Highlighting what makes Wittgenstein's vision of nature special, it has been claimed that to the extent that he qualifies as a naturalist of any sort he (...) ought to be regarded as a liberal naturalist. We argue, in contrast, that focusing solely on the liberality of Wittgenstein's view of nature risks overlooking and downplaying the ways in which his philosophical clarifications can act as a platform for productively engaging with the sciences in their explanatory endeavors. We argue that Wittgenstein's vision of nature allows for a more relaxed form of naturalism in which philosophy can be a productive partner for scientific inquiry and investigation. Although this feature of Wittgenstein's vision of nature is not something that he himself emphasized, given his interests and concerns, it is an inspiring vision in an age in which philosophy must find its feet with and alongside the sciences. (shrink)

Some experiences—like the experience of eating cheesecake—are good experiences to have. But when we try to explain why they are good, we encounter a clash of intuitions. First, we have an objectivist intuition: plausibly, the experiences are good because they feel the way that they do. Second, we have a subjectivist intuition: if a person were indifferent to that kind of experience, then it might fail to be good for that person. Third, we have a possibility intuition: for any kind (...) of experience, possibly there is a subject who is indifferent to that kind of experience. The pleasure problem is the problem we face in reconciling these three claims. I explain the problem and argue for a solution. I argue that we ought to reject the most common solutions: rejecting the objectivist or subjectivist intuitions. Instead, we ought to follow Timothy Sprigge in rejecting the possibility claim. We should embrace the view that experiences bear necessary connections to our attitudes. (shrink)

This paper describes a plausible view of the nature of physical objects, their mereological connections to each other, and their relation to spacetime. As well as being parsimonious, the view provides a plausible context for denying all of the following: (1) A theory that objects endure through time (and do not have temporal parts, as normally conceived) cannot claim that material objects are identical to space-time regions they occupy. (2) At least one of the family of mereological connections (part-whole, overlap (...) etc.) is to be taken as primitive. (3) Claims entirely in the language of quantifiers and identity and mereology are not semantically vague. It is thus an example showing that the there are more options for the metaphysics of objects, spacetime and mereology than many metaphysicians ordinarily assume. (shrink)

I argue that Graham Priest's story 'Sylvan's Box' has an attractive consistent reading. Priest's hope that this story can be used as an example of a non-trivial 'essentially inconsistent' story is thus threatened. I then make some observations about the role 'Sylvan's Box' might play in a theory of unreliable narrators.

Impossible fictions are not just the creations of puzzle-seeking philosophers or artists experimenting with the limits of fiction. Impossibilities can be found in relatively mundane fiction as well. This article argues that the device of personification, especially of abstract entities such as death or duty, yields impossible fictions, arguing against a number of strategies that might be tried to show that these cases of personification do not yield impossibilities.

A number of theories of dispositions to date have presupposed that dispositions are all causal: when X is disposed to PHI in circumstances C, it is because of a potential causal connection between C and X’s PHIing. Other intimate connections between dispositions and causation have been argued for: that the relation between dispositions and their categorical bases is to be understood in causal terms, for example, or even that we can explain causation in dispositional terms. These theories of dispositions are (...) all threatened by previously underappreciated cases of noncausal dispositions: cases where an X is disposed to PHI in C, but not because of potential causal connections between the manifestation conditions of dispositions and the manifestations themselves. This paper argues that there are noncausal dispositions of a number of different varieties, explains what trouble this causes many standard theories of dispositions, and discusses what lessons can be learned from these cases for the nature of dispositions. Some of the cases discussed will also cast doubt on the idea that all dispositions ground truths about potentiality or possibility. (shrink)

There is a class of fictionalist strategies (the reflexive fictionalisms) which appear to suffer from a common problem: the problem that the entities which are supposedly fictional turn out, by the lights of the fictionalist theory itself, to exist. The appropriate solution is to reject so-called strong fictionalism in each case: that is, to reject the variety of fictionalism which takes appeal to the domain of fictional entities to provide an explanation or analysis of the operators or predicates with which (...) the objects are systematically correlated. (shrink)

This article considers the question of the responsibility that present day generations bear as a result of the actions of their ancestors. Is it morally significant that we share a national identity with those responsible for the perpetration of historic injustice? The article argues that we can be guilty of wrongdoing stemming from past wrongdoing if we are members of nations that are responsible for an ongoing failure to fulfil rectificatory duties. This rests upon three claims: that the failure to (...) fulfil rectificatory duties is unjust; that nations can bear collective responsibility for the actions of their leaders; and that nations are comprised of overlapping generations rather than successive generations. The claim that present day parties should apologise for historic injustice is then considered, and it is argued that such an apology is best understood in relation to an ongoing failure to fulfil rectificatory duties. (shrink)

Recently, some authors – call them Reformists – have argued that the traditional Presentism-Eternalism and Actualism-Possibilism debates in the metaphysics of time and modality respectively are unclear or insubstantial, and should therefore give way to the newer Temporaryism-Permanentism and Contingentism- Necessitism debates. In ‘On characterising the presentism/eternalism and actualism/possibilism debates’ (2016, Analytic Philosophy 57: 110-140), Ross Cameron defends the Conservative position that the traditional debates are both substantial and distinct from the Temporaryism-Permanentism and Contingentism- Necessitism debates. In this paper I (...) provide a Reformist response to Cameron’s arguments. (shrink)

A thorny question surrounding the meaning of ought concerns a felt distinction between deontic uses of ought that seem to evaluate a state of affairs versus those that seem to describe a requirement or obligation to perform an action, as in and, respectively. There ought not be childhood death and disease. You ought to keep that promise. Various accounts have been offered to explain the contrast between “agentive” and “non-agentive” ought sentences. One such account is the Agency-in-the-Prejacent theory, which traces (...) the difference to a particular kind of ambiguity in the prejacent. This theory has been criticized as linguistically unviable. Indeed, I level a few novel complaints against AIP myself in the present paper. But AIP has a kernel of genuine insight which allows us to explain the contrast—that the distinction between agentive and non-agentive ought sentences owes in part to the way natural language encodes information about agency. I develop this idea into a novel account that, like AIP, traces the contrast to an ambiguity in the complement of the modal. However, according to the view I propose, the Coercion View, a linguistically-motivated coercion operation produces the necessary grammatical conditions for agentive ought, which in turn allow a kind of variadic function operator in the style of to produce the semantic effect we see on display in agentive readings of ought. Having explained the mechanism by which we get this structure, I show that it corroborates some of the central intuitions underwriting agentive ought. I submit that the Coercion View offers an explanation of agentive ought to take at least as seriously as any of its competitors. (shrink)

The dilemma objection charges that ‘weak’ versions of the precautionary principle (PP) are vacuous while ‘strong’ ones are incoherent. I respond that the ‘weak’ versus ‘strong’ distinction is misleading and should be replaced with a contrast between PP as a meta-rule and PP proper. Meta versions of PP require that the decision-making procedures used for environmental policy not be susceptible to paralysis by scientific uncertainty. Such claims are substantive because they often recommend against basing environmental policy decisions on cost–benefit analysis. (...) I argue that the second horn of the dilemma fails as a result of disregarding the role of proportionality in applications of PP. (shrink)

A principle endorsed by many theories of objective chance, and practically forced on us by the standard interpretation of the Kolmogorov semantics for chance, is the principle that when a proposition P has a chance, any proposition Q that is necessarily equivalent to P will have the same chance as P. Call this principle SUB (for the substitution of necessary equivalents into chance ascriptions). I will present some problems for a theory of chance, and will argue that the best way (...) to resolve these problems is to reject SUB, and similar principles e.g. for the chances of outcomes or the chances of events. Objective chance, it turns out, carves things more finely than necessary equivalence does. (shrink)

This article examines methodological individualism in terms of the theory that invariance under intervention is the signal feature of generalizations that serve as a basis for causal explanation. This theory supports the holist contention that macro-level generalizations can explain, but it also suggests a defense of methodological individualism on the grounds that greater range of invariance under intervention entails deeper explanation. Although this individualist position is not threatened by multiple-realizability, an argument for it based on rational choice theory is called (...) into question by experimental results concerning preference reversals. Key Words: methodological individualism • mechanisms • explanation • invariance • preference reversal. (shrink)

Advances in neuroscience are changing how mental health issues such as addiction are understood and addressed as a brain disease. Although a brain disease model legitimizes addiction as a medical condition, it promotes neuro-essentialist thinking and categorical ideas of responsibility and free choice, and undermines the complexity involved in its emergence. We propose a “biopsychosocial systems” model where psychosocial factors complement and interact with neurogenetics. A systems approach addresses the complexity of addiction and approaches free choice and moral responsibility within (...) the biological, lived experience and sociohistorical context of the individual. We examine heroin-assisted treatment as an applied case example within our framework. We conclude with a discussion of the model and its implications for drug policy, research, addiction health care systems and delivery, and treatment of substance use problems. (shrink)

Two of the most prominent evolutionary debunking arguments are Sharon Street's Darwinian Dilemma for Normative Realism and Alvin Plantinga's Evolutionary Argument against Atheism. In the former, Street appeals to evolutionary considerations to debunk normative realism. In the latter, Plantinga appeals to similar considerations to debunk atheism. By a careful comparison of these two arguments, I develop a new strategy to help normative realists resist Street's debunking attempt. In her Darwinian Dilemma, Street makes epistemological commitments that ultimately support Plantinga's structurally similar (...) argument. If Street succeeds in debunking normative realism, I argue, then she also succeeds in debunking atheism. But atheism is a suppressed premise of the Darwinian Dilemma as well as a commitment of almost all normative anti-realists. If Street's argument entails theism, then the Darwinian Dilemma is internally incoherent and should be abandoned by almost everyone. (shrink)

Natural information refers to the information carried by natural signs such as that smoke is thought to carry natural information about fire. A number of influential philosophers have argued that natural information can also be utilized in a theory of mental content. The most widely discussed account of natural information holds that it results from an extremely strong relation between sign and signified. Critics have responded that it is doubtful that there are many strong relations of this sort in the (...) natural world due to variability between signs and signified. In light of this observation, a promising suggestion is that much of the interesting natural information carried by natural signs is really information with a probabilistic content. However, Dretske’s theory cannot account for this information because it would require implausible second order objective probabilities. Given the most plausible understanding of the probabilities involved here, I argue that it is only sequences of traditional natural signs that carry this probabilistic information. Several implications of this idea will be explored. (shrink)

Mathematical cognition is widely regarded as the epitome of the kind of cognition that systematically eludes enactivist treatment. It is the parade example of abstract, disembodied cognition if ever there was one. As it is such an important test case, this paper focuses squarely on what Gallagher has to say about mathematical cognition in Enactivist Interventions. Gallagher explores a number of possible theories that he holds could provide useful fodder for developing an adequate enactivist account of mathematical cognition. Yet if (...) the analyses of this paper prove sound, then some of the central approaches he considers are simply not fit for such service. That said, in the final analysis, if crucial additions and subtractions are made, there is a real chance of fashioning a promising enactivist account of mathematical cognition. (shrink)

This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly (...) held natural resources; and third, a negative requirement that other individuals’ crucial interests are not harmed by such an appropriation. For each of these, the difficulties involved in applying that part of the theory to the sphere of ideas are discussed, and a central aspect of intellectual property that raises the problems of application is highlighted. (shrink)