Although the subject matter of this Element is properties, do not expect in-depth introductions to the various views on properties 'on the market'. Instead, here that subject matter is treated meta-philosophically. Rather than ask and try to answer a question like do properties exist? this Element asks what reasons one might have for thinking that properties exist, what counts as solving that problems, as well as how we ought to proceed when trying to find out if properties exist. As it (...) turns out, these questions and their answers are all intricately intertwined. Theory comparison and theory evaluation is in other words tricky. Do properties exist? After reading this Element all we can say is therefore this: that depends. (shrink)

Our days are a vast, intricate, evolving dance of mutual understandings. We stop at a traffic light, offer a plastic card as payment for a meal, leave our weapons at home, or enter a voting booth. We live and work in close proximity, at high speed, with few collisions: on our roads and in our neighborhoods, places of worship, and places of business. Somehow, having all those people around is more liberating than stifling. The secret is that we know roughly (...) what to expect from each other. Knowing what to expect enables us to adapt to each other. Not being obliged to conform to expectations—being free to test the previously untested— is likewise a great benefit. The two benefits seem mutually exclusive, yet property rights, combined with freedom of contract, enable us to reap both at once. We can rely on being able to go to market and find someone selling cauliflower at an affordable price. We can also rely on being able to go to market and find someone rendering obsolete what a few years ago had been cutting-edge technology. We make progress by testing what has not previously been tested. We experiment. One problem with experiments is: many of them don’t work.1 Or, the ideas being tested turn out to be bad ideas. Thus a successful society encourages people not only to experiment, but also to shut down experiments whose inspiration proves unsound. What kind of framework encourages experimentation without at the same time perpetuating bad ideas? Here is one hypothesis: in societies that sustain progress over long periods, people are free to experiment at their own expense and free from having to pay for other people’s bad ideas. This is the true test of a system of property. It is natural to assume instead that the true test of a system of property is a question of whether the system is just. That is, philosophers should theorize about justice first, and only then begin to theorize about what can legitimately become a person’s property. I have become skeptical about this. (shrink)

What is property, and why does our species happen to have it? In The Property Species, the economist Bart Wilson explores how we acquire, perceive, and know the custom of property, and why this might be relevant to social scientists, philosophers, and legal scholars for understanding how property works in the twenty-first century.

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)

In this eye-opening study at the intersection of psychoanalytic theory and political organization and thought, Elliott Schwebach explores why property can be understood to be oppressive and how political theory overlooks its unique significance as a pillar of social violence. Synthesizing insights from Pierre-Joseph Proudhon, Sigmund Freud, Ives Hendrick and Frantz Fanon, Schwebach investigates human activity as shaped by the effects of property regimes and traces broader implications for understanding the legacies of colonial domination. He then shifts focus (...) to contemporary eco-theory, challenging the Lockeanism that continues to characterize premodern Indigenous environmental engagements and presenting novel frameworks for understanding healthy ecopolitical activity based upon the trajectories of psychological drives. This unique perspective validates creative expressions of decolonial resistance and offers fruitful alternatives to customary positions in psychoanalytic and environmental political philosophy. The book will be an indispensable resource for scholars of property, Freudian psychology, political ecology, and the visionary thought of Frantz Fanon. (shrink)

The traditional Lockean justification of property rights has been argued to be no longer valid in a world in which much wealth does not derive from acquisitions of natural resources, and in which much property, such as money, is intangible. This means that libertarians need to reconsider whether and why property rights are justified for objects that fall outside of the scope of the Lockean justification. This paper gives a justification of property rights in relation to (...) modern money, which uses the self-ownership principle as its central premise. Since modern money is a form of credit, I start with a justification of credit property rights. I then consider both money under gold convertibility and present-day fiat systems, showing that the justification of credit property rights remains valid under these conditions. (shrink)

This paper initiates the study of sets in Euclidean spaces ℝn that are defined in terms of the dimensions of their elements. Specifically, given an interval I ⊆ [0, n ], we are interested in the connectivity properties of the set DIMI, consisting of all points in ℝn whose dimensions lie in I, and of its dual DIMIstr, consisting of all points whose strong dimensions lie in I. If I is [0, 1) or.

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)

Orthodox ideas of ownership tend to depict property as a private domain that expresses the owner?s formal rights. Yet equity does much to resist this outlook, deploying ethically-loaded ideas such as conscience and articulating an interpersonal and distinctly duty-driven character to property relations. Focusing on English case law, this article suggests that we can gather various strands of equitable property norms, particularly those derived from the constructive trust, around relationships of responsibility and vulnerability. Furthermore, the article asks (...) what such equitable ideas about property might therefore tell us about the purportedly possessive character of human subjectivity. Rather than constructing people as sovereign, autonomous proprietors, we might read equity as tracing an ethical quality to the way we perceive ourselves and others through property-related ideas. (shrink)

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

Alongside environmental degradation, the globally unequal distribution of wealth is one of the key political problems of our age. Volume 3 of Just Property provides an account of how we might re-think how property works for us and what we might do to fix the problems that we all face.

Hegel is aware that it is only in the modern world, with the emergence of civil society, that ‘the freedom of property has been recognized here and there as a principle’. Nonetheless, he contends, property is made necessary by the very idea of freedom itself. The purpose of this essay is to explain why this is the case by tracing the logic that leads in Hegel's Philosophy of Right from freedom, through right, to property and its use. (...) I conclude by briefly comparing Hegel and Marx on the topic of ‘value’. (shrink)

_Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must (...) take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory. (shrink)

Strawson (2006) claims that he is a physicalist and panpsychist. These two views are not obvious bedfellows, indeed, as typically conceived, they are incompatible. Strawson avoids holding a contradictory position only by holding a non-standard view of physicalism. I first contrast Strawson’s usage of ‘physicalism’ with the mainstream use. I then explain why I think that Strawson’s position is not a physicalist position, but ratherr, one of property dualism and substance monism. In doing this, I outline his view and (...) Locke’s view on the nature of substance. I argue that they are similar in many respects and thus it is no surprise that Strawson actually holds a view on the mind much like one plausible interpretation of Locke’s position. Strawson’s use of terminology cloaks this fact and he does not himself explicitly recognize it in his paper. In the second section, I outline some of Strawson’s assumptions that he uses in arguing for his position. I argue that by looking at the assumptions that Strawson makes when arguing for his position and by looking at the problems of such a position we can see that his variety of dualism is no better off than other varieties, and seems indeed to have more explanatory work to do. I also claimed that Strawson is right to point out that mainstream physicalism is not, at least as we understand it at present, a good solution to the mind-body problem. There is an explanatory gap that has not been crossed. However, Strawson’s position brutely posits experiential properties that are unlike ours, but from which ours emerge. This position also has an explanatory gap that, while not as wide as that which the physicalists posit, exists nonetheless and has, at one side of the gulf, brute unfamiliar experiential properties. (shrink)

The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called “free market environmentalism”, is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced climate change (...) is likely to contribute to environmental changes that violate traditional conceptions of property rights. Viewed globally, the actions of some countries—primarily industrialized nations—are likely to increase environmental harms suffered by other countries—less developed nations that have not made any significant contribution to climate change. It may well be that aggregate human welfare would be maximized in a warmer, wealthier world, or that the gains from climate change will offset environmental losses. Yet such claims, even if demonstrated, would not address the normative concern that the consequences of anthropogenic global warming would infringe upon the rights of people in less-developed nations. As a consequence, this paper calls for a rethinking of FME approaches to climate change policy. (shrink)

Powers are popularly assumed to be distinct from, and dependent upon, inert qualities, mainly because it is believed that qualities have their nature independently of other properties while powers have their nature in virtue of a relation to distinct manifestation property. George Molnar and Alexander Bird, on the other hand, characterize powers as intrinsic and relational. The difficulties of reconciling the characteristics of being intrinsic and at the same time essentially related are illustrated in this paper and it is (...) argued that the reasons for thinking of powers as essentially relational are based on misguided epistemological consideration. Finally, I present a way of thinking of fundamental properties as primitive natures that we can only understand in virtue of what they do but which we should not think of as being ontologically constituted by these doings. According to this view, properties are both qualities and powers. (shrink)

Aesthetic properties figure prominently in our daily lives, our conversations and many actions we take. Yet theoretical disagreement prevails over their nature, their variety, their epistemic and metaphysical status. This overview highlights the heterogeneity of aesthetic properties and examines repercussions for explanation. Aesthetic properties belong to natural objects or scenes, to artworks in any medium, to artefacts and built environments across historical eras; and they draw a wide variety of responses such as our perceptions, emotions or imaginative thought. Historicism about (...) artworks carries over to at least some aesthetic properties that depend on facts of their broader historical context just as works do. One issue is whether aesthetic properties can be demarcated solely in terms of non-aesthetic properties. If not, explanations of aesthetic properties need to draw on other aesthetic notions such as aesthetic experience, attention, judgement or value. The paper examines several accounts of aesthetic value to show how they extend to aesthetic properties. The paper concludes with an overview of the current metaphysical debate between realists and non-realists about aesthetic properties. (shrink)

It has been maintained by such philosophers as Quine and Goodman that purely ‘extensional’ language suffices for all the purposes of properly formalized scientific discourse. Those entities that were traditionally called ‘universals’ — properties, concepts, forms, etc. — are rejected by these extensionalist philosophers on the ground that ‘the principle of individuation is not clear’. It is conceded that science requires that we allow something tantamount to quantification over non-particulars (or, anyway, over things that are not material objects, not space-time (...) points, not physical fields, etc.), but, the extensionalists contend, quantification over sets serves the purposes nicely. The ‘ontology’ of modern science, at least as Quine formalizes it, comprises material objects (or, alternatively, space-time points), sets of material objects, sets of sets of material objects,... but no properties, concepts,or forms. Let us thus examine the question: Can the principle of individuation for properties ever be made clear? (shrink)

Most people who believe in temporal parts believe that the referents of our ordinary referring terms, like Bill Clinton, or that table, are fusions of temporal parts from past, present and future times. Call these fusions worms, and the theory that the referents of ordinary referring terms (ordinary objects) the worm theory. Buying the metaphysical theory of temporal parts does not immediately imply that we must buy the worm theory. Theodore Sider (1996, 2000), for example, has suggested that these ordinary (...) referring terms just pick out a single, instantaneous, temporal part. Sider’s theory, called the stage theory, solves some pressing philosophical problems, including the problem of temporary intrinsics. But the stage theory has several difficulties of its own, especially what I will call the problem of long-term intrinsics. I argue for a rival theory, the growing individuals theory. On this theory, the referents of our ordinary referring terms have past and present temporal parts, but not future temporal parts. This theory best accounts for our intuitions about which intrinsic properties ordinary objects have. (shrink)

Intentionalism is the view that the phenomenal character of an experience is wholly determined by its representational content is very attractive. Unfortunately, it is in conflict with some quite robust intuitions about the possibility of phenomenal spectrum inversion without misrepresentation. Faced with such a problem, there are the usual three options: reject intentionalism, discount the intuitions and deny that spectrum inversion without misrepresentation is possible, or find a way to reconcile the two by dissolving the apparent conflict. Sydney Shoemaker's (1994) (...) introduction of appearance properties is a particularly ingenious way of pursuing the third strategy, by maintaining that there is a representational difference between the phenomenally spectrum-inverted subjects.2 In introducing appearance properties, Shoemaker does two things: he identifies a theoretical role for some family of properties to play, and he suggests a family of properties as candidates to play that role. I'll argue that his proposed candidates do not play the role as well as we would like, suggest some new candidates, and argue that they do a better job. (shrink)

Revised and reprinted in Handbook of Philosophical Logic, volume 10, Dov Gabbay and Frans Guenthner (eds.), Dordrecht: Kluwer, (2003). -- Two sorts of property theory are distinguished, those dealing with intensional contexts property abstracts (infinitive and gerundive phrases) and proposition abstracts (‘that’-clauses) and those dealing with predication (or instantiation) relations. The first is deemed to be epistemologically more primary, for “the argument from intensional logic” is perhaps the best argument for the existence of properties. This argument is presented (...) in the course of discussing generality, quantifying-in, learnability, referential semantics, nominalism, conceptualism, realism, type-freedom, the first-order/higher-order controversy, names, indexicals, descriptions, Mates’ puzzle, and the paradox of analysis. Two first-order intensional logics are then formulated. Finally, fixed-point type-free theories of predication are discussed, especially their relation to the question whether properties may be identified with propositional functions. (shrink)

Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that enables (...) every citizen to hold a personal data account, like a bank account, and that gives people ownership rights over secondary use of personal data could correct these misallocations. I hope to shed new light on the normative implications of the issue by offering normative justifications for property rights of personal data (Sections 2–4). Secondly, I present fundamental goals and building blocks of a property regime of personal data (Section 5) and, thirdly, I illustrate how income from personal data ownership could for instance contribute to financing pensions under proper regulation (Section 6). (shrink)

Since the publication of David Lewis's ''New Work for a Theory of Universals,'' the distinction between properties that are fundamental – or perfectly natural – and those that are not has become a staple of mainstream metaphysics. Plausible candidates for perfect naturalness include the quantitative properties posited by fundamental physics. This paper argues for two claims: (1) the most satisfying account of quantitative properties employs higher-order relations, and (2) these relations must be perfectly natural, for otherwise the perfectly natural properties (...) cannot play the roles in metaphysical theorizing as envisaged by Lewis. (shrink)

Is property-awareness constituted by representation or not? If it were, merely being aware of the qualities of physical objects would involve being in a representational state. This would have considerable implications for a prominent view of the nature of successful perceptual experiences. According to naïve realism, any such experience—or more specifically its character—is fundamentally a relation of awareness to concrete items in the environment. Naïve realists take their view to be a genuine alternative to representationalism, the view on which (...) the character of such experiences is constituted by representation. But naïve realists must admit qualities or property instances as items of awareness if they are to remain wedded to common sense, and the nature of property-awareness may smuggle constitutive representation into the naïve realist account of character. I argue that whether property-awareness involves representation, and consequently whether naïve realism is distinct from representationalism or not, depends on what qualities are fundamentally. On universalist and nominalist accounts, property-awareness turns out to involve representation. Not so under tropism. (shrink)

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media (...) and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model. (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.

The main claim of this paper is that, contrary to the received view, Ross’ doctrine of resultance does not provide a premise in favour of non-naturalism, but rather makes possible a viable form of non-reductionist naturalism. This is argued mainly by viewing resultance as constitution, where resultant properties are constituted by those natural properties from which they result. Accordingly, resultant properties and their constitutive properties can be viewed as placed in the same ontological realm. However, to rule out reductionism, constitution (...) is to be considered as not implying identity. Some arguments in favour of this view of constitution, above all in the moral realm, are presented in the last sections. (shrink)