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

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

Public access to the commons is often restricted, thus leading to implicit regulations. This is relevant toward spatial systems, as an important geographical issue is access to various sites over space, and this paper presents varying degrees of accessibility in different places. There is a dialectic struggle to enhance access to the commons as a fundamental right of the public, with the need to balance tourism and recreational uses of coastal resources with conservation and preservation eff orts. This paper will (...) aid policy makers and those concerned with beach access in Connecticut better understand the nature and complexity of how citizens and officials within coastal municipalities have come to perceive, in a collective sense, their beaches/ municipal parks as common property resources to be utilized for recreational purposes while balancing environmental conservation efforts simultaneously. Various legal frameworks, as well as federal and state efforts in coastal zones in key states, in addition to historically recent court cases in Connecticut resulting in legal enhancements toward increasing public access to nonresidents of specific municipalities, have shaped who can and who cannot access the commons. (shrink)

A plateau has been reached in how to analyze people's use of their common property resources. We require fresh ways of thinking about the issue. Four new and very different approaches are sketched in the article.

Water has a dual role in the Sundarbans area of southwestern Bangladesh. Hydrologic processes are vital to the ecological functioning and cultural identity of the mangrove ecosystem. But at the same time, large scale water development creates external forces that threaten the Sundarbans environment. Water is managed to a limited degree as a common property resource, both in the Sundarbans and in larger regions. It is also managed as private property, a public good, a state-controlled resource, an (...) open access resource, and a natural hazard. And to a large degree, it is not managed at all. By focussing on water, we begin to understand the linkages between the Sundarbans area and larger regional contexts; and between common property resource systems and the broader array of institutional, political, and property relations. Section one of this paper provides an overview of the role of water in the Sundarbans, including modern human modifications of deltaic hydrology. Section two surveys water management issues and institutions at six geographical scales: the International Basin; 2) India and Bangladesh; 3) Greater Bengal; 4) Bangladesh; 5) southwestern Bangladesh; and 6) Khulna district. The conclusion stresses the role that the political geography of water will play both within and outside the Sundarbans ecosystem. (shrink)

A broad range of intellectual perspectives may be brought to bear on any important social institution. To this general rule, the institution of private property is no exception. The desirability of private property has been endlessly debated across the disciplines: philosophical, historical, economic, and legal. Yet there is very little consensus over its proper social role and limitations. Is it possible to find a unique solution to questions of property and private ownership, good for all resources and (...) for all times? The famous defense of private property that is found in chapter 5 of John Locke'sSecond Treatise of Governmentanswers this question in the affirmative, for Locke writes as though all property was given to mankind in common, and then seeks to find the quickest and most expeditious way to convert all common property into private property. His implicit, but undefended, assumption is that common forms of property are both undesirable and unstable, while private forms of ownership are always just the opposite. Yet his preferred method for moving from a commons to a regime of private property—the unilateral decision to appropriate by each actor—is one that has been frequently condemned as a sop to unbridled egotism, even though it is subject to two constraints: the first against waste, and the second requiring the appropria-tor to leave “enough, and as good” for others. (shrink)

Of the three strategies available for managing common property resources (CPR)—centralized control, privatization and local management—this essay focuses on the last, which has proven quite effective in various settings throughout the Third World, with the key to success being local ability to control access to the resource. The major factors at issue in the Sundarbans situation are: historically external pressure on the forest; currently dense population in adjacent areas; a land distribution even more unequal than the norm in (...) Bangladesh; and a decentralized local government structure initiated in the mid-1980s. The first three factors have encouraged the local population to view this CRP as a frontier to be exploited,rather than as a resource to be preservedfor sustained yield. Thus to the extent that the new local government structure proves to be democratic and responsive to popular needs, it would most likely accelerate destruction of the Sundarbans, using the area as a cheap and easy way to provide some livelihood to the rural poor and landless. Accordingly, decentralization cannot be a viable strategy for preserving this unique forest resource; only a strong central control can ensure its survival into the next century. (shrink)

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

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

The common discourse on intellectual property rights rests mainly on utilitarian ground, with implications on the question of justice as well as moral significance. It runs like this: Intellectual property rights are to reward the originators for his/her intellectual labour mainly in monetary terms, thereby providing incentives for originators to engage in future innovative labouring. Without such incentives, few, if not none, will engage in creative activities and the whole human community will, thereby, suffer because of reduced (...) inventions. However, such utilitarian argument on piracy as de-motivation may not be necessarily justified. In fact, intellectual property arrangement is one among different institutions concerning how the society may handle new ideas and creative works. In reality, private ownership over one's intellectual product is merely a modern western concept that is being ' advertised' as being normative, which, by itself, is highly debatable. Alarming still, such normative argument assumes both justness and moral dimensions. This article will analyse whether such argument is philosophically sound. (shrink)

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

In common law, the traditional rule has been that there is no property in excised human tissue. In an era of widespread commodification of tissue, however, the practical reasons behind this position are increasingly outdated, while the philosophical grounds are paradoxical. This no-property rule has been construed so as to deprive tissue providers of ongoing rights, whereas researchers, universities, and biotechnology companies are prone to assume that once they acquire proprietary rights, those rights are complete and undifferentiated. (...) That position can and should be remedied, drawing on a modified Lockean concept of property in what we have laboured to create, and a more sophisticated jurisprudential understanding of property in the body as a bundle of rights. Particularly in the case of women’s tissues, such as ova and umbilical cord blood, this model can offer more effective protection against the global ‘enclosures’ of bodily tissue. (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)

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

Property regimes are based on fundamental values of the society or group that designs and reproduces them. This paper analyses the ethical underpinnings of Progressive Commons in comparison to the values underlying private property and traditional Commons. Against this backdrop, we discuss the potential of Progressive Commons to address major challenges in context of the twenty-first century economy. Seed Commons serve as an example. Our analysis shows that Progressive Commons respond to contemporary societal and environmental challenges by re-interpreting (...) the classical values underlying traditional private and common property regimes, turning them to sovereignty, re-democratization, and social-ecological sustainability in the global context. (shrink)

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

In his essay The Dynamic Analytics of Property Law, Professor Michael Heller describes and criticizes the familiar, current analytical tools of property theory and calls for the adoption of a more dynamic approach. In this comment, I shall address briefly two issues discussed in Heller's paper: his suggestion that we add a fourth type of property – "anticommons property" – to the well-known "property trilogy" of private property, commons property, and state property; (...) and his critique of the "bundle of rights" approach of the courts to the takings problem, which leads to excessive fragmentation of private property. The former issue nicely demonstrates the current tendency of scholars to argue against "too much private property." The latter illustrates the familiar, futile search of property scholars for an all-encompassing metaphor to describe and identify private property. (shrink)

There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) (...) class='Hi'>property rights are legitimate only when necessary, (2) necessary only to avoid injury resulting from one party’s use or possession of a good over others’, and (3) that such injury is possible only where there is scarcity. While I accept (1) (at least for the sake of argument), I argue that each of three prominent theories of the justification of property rights cast doubt on (2) and (3). As it turns out, at the theoretical level, there are a number of different ways of dealing with this conflict. However, I argue, no matter which theoretical path one takes, it turns out that the practical implications of the relationship between property rights and scarcity have been woefully misconstrued. Finally, I recount an independent argument for the thesis under consideration and argue that, whether or not it is successful against IP, it does not extend as an argument against ownership of non-scarce goods in general. This serves to further highlight the need to distinguish arguments for the thesis under consideration from arguments against IP. (shrink)

The rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe "information should be free" and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property that is based on a theory of natural rights that assumes the existence of a (...) "natural world" of intellectual resources. (shrink)

Intellectual property (IP) can internalize positive externalities associated with the creation and discovery of ideas, thereby increasing investment in efforts to create and discover ideas. However, IP law also causes negative externalities. Strict IP rights raise the transaction costs associated with consuming and building on existing ideas. This causes a tragedy of the anticommons, in which valuable resources are underused and underdeveloped. By disincentivizing creative projects that build on existing ideas, IP protection, even if it increases original innovation, can (...) inadvertently reduce the rate of iterative innovation. The net effect of IP law on innovation and welfare depends on the relative magnitude of these positive and negative externalities. We argue that the current regime probably suffers from excessive, and excessively rigid, IP protection. This motivates the search for institutional alternatives and complements. We suggest that a monocentric IP rights regime may not be the only, or the most efficient, way to internalize the positive externalities of innovation. The knowledge economy supports the emergence of diverse, polycentric forms of bottom-up self-governance, both market and community led, that entail the citizen coproduction of the norms and practices of intellectual creation and discovery. (shrink)

The article takes up and challenges the Lockean conception of common sense and common right to property in two ways: first, through a critical investigation of Locke's historical connection to colonialism, and second, by turning to contemporary indigenous conceptions of common sense. Locke's practical experiences in the founding of Carolina, I argue, serve not simply to explain the problematical colonial impulses of the Second Treatise, but indeed to help undo the credibility of that text's ideological claim (...) to acquire and assimilate. Next, I turn from an internal historicized critique of the Second Treatise to a contemporary external challenge, examining current indigenous perspectives de-legitimized by the Second Treatise. I contend that traditionalized conceptions of indigenous knowledge and understanding provide a strategic revitalization of common sense in ways that re-define and re-characterize the word's roots not only in the common but also in the senses themselves. The article concludes by questioning whether these revitalized ‘traditionalisms’ — as much as they challenge exclusionary Lockean conceptions of the ‘common’ and common sense — also carry the risk of denying aspects of indigenous modernity and excluding alternative indigenous conceptions of land and resource use. (shrink)

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights and defines the scope of those rights. By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a (...) single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights. (shrink)

The phenomenon of volunteer produced and freely disseminated information is a significant feature of the digitally networked environment. Notwithstanding recent expansions of copyright law and the development of rights management technology the Internet remains a platform for the free distribution of information and ideas. This article argues that, contrary to the predictions of enclosure, a flourishing commons exists in respect of information that is communicated via the Internet. The commons, however, remains a relatively under-theorized concept in political and legal theory. (...) This article explores the meaning of ‘the commons’ and its relationship to property and advances it as a useful explanatory tool for describing free information environments in cyberspace. (shrink)

This chapter contains sections titled: Analytical Issues The Need for Justification Justificatory Theories References.

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

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

Many predicates are dispositional. Some show this by a suffix like "-ible", -uble", or "-able": sugar is soluble in water, gasoline is flammable. Others have no such suffix and don't wear their dispositionality on their sleeves. Yet part of what it is to be solid is to be disposed to resist deformation, and part of what it is to be red is to appear red to normal human observers in normal lighting conditions. However, there is no agreement as to whether (...) dispositional predicates may be given a realist interpretation. For many authors, propositions containing them are made true by states of affairs (or facts) containing categorical, rather than dispositional properties. Many also claim that the states of affairs that make true attributions of dispositions to macroscopic objects are microscopic states of affairs concerning their parts. For example, what makes a vase fragile is the microscopic structure of its molecular constituents, which is what makes the vase break when it falls. Against these claims, I will argue that what makes a dispositional predicate apply to an object, whether macroscopic or microscopic, whether in common sense or science, is the object's having what I will call a powerful property. If the object is macroscopic, it is another matter whether the property is microreducible. My reasons for supposing that these powerful properties exist are those for postulating theoretical properties generally: they unify existing explanations and suggest new ones. (shrink)

For some time now, commentators in and out of the scientific community have been expressing concern over the direction of scientific research. Cogent critics have labeled it excessively commercial, out of touch with its “pure,” public-spirited roots, and generally too much a creature of its entrepreneurial, self-interested times. In most if not all of this hand-wringing, the scientific community's growing reliance on intellectual property rights, especially patents, looms large. Indeed, for many the pursuit of patents is emblematic of just (...) what is rotten in the republic of science today. (shrink)

The traditional ‘no property’ approach of the law to human biomaterials has long been punctured by exceptions. Developments in the jurisprudence of property in human tissue in English law and beyond demonstrate that a variety of tissues are capable of being subject to proprietary considerations. Further, among commentators, there are few who would deny, given biotechnological advances, that such materials can be considered thus. Yet, where commentators do admit human biomaterials into the realm of property, it is (...) often done with an emphasis on some sort of separation from the person who is the source of those materials. One line of argument suggests that there is a difference between persons and things, which constitutes a morally justifiable distinction when it comes to property. This article examines whether the idea of separability can do the work of demarcating those objects that ought to be considered property from those that ought not to be. It argues that, despite the entailment of a separability criterion inherent in both the statutory and common law positions, and the support given to this by some commentators, it is philosophically problematic as the basis for delineating property in human tissue and other biomaterials. (shrink)

One influential approach to environmental problems holds that their solution requires the definition of full liberal property rights over goods that will enable their value to be registered in actual or hypothetical markets. How adequate is that solution? In this paper I offer reasons to be sceptical, by placing recent liberal arguments in the context of older debates about property, in particular those concerned with the distribution of care. Although proposals for the extension of liberal property rights (...) over environmental goods often appeal to arguments from the need to distribute care, I show that there are conflicts between them. Care for particular places that embody the life of a community that has an existence over time is often expressed through resistance to liberal property rights. We express mutual obligations to members of a community through a denial of exclusive property rights over certain common goods. Also, what constitutes care for environmental goods itself is contested across class, occupation, culture, and history. Conflicts between those with different conceptions of care are often expressed through conflicts in property rights. The justification of property rights by appeal to particular accounts of proper care has, from the time of Locke to the present, been invoked to legitimate the appropriation of goods. The introduction and maintenance of liberal property-rights regimes involves the creation and sustenance of a particular distribution of social power, and should be understood as such. (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)

It is common to posit a clear opposition between the values served by property systems and the value of the environment. To give the environment its due, this view holds, the role of private property needs to be limited. Support for this has been said to be found in Locke’s famous ‘enough and as good’ proviso. This article shows that this opposition is mistaken, and corrects the implied reading of Locke’s proviso. In reality, there is no opposition (...) between property and the environment. This is shown using Locke’s theory of appropriation, as well as the real-life case of instream water appropriation. (shrink)

Property and Practical Reason makes a moral argument for common law property institutions and norms, and challenges the prevailing dichotomy between individual rights and state interests and its assumption that individual preferences and the good of communities must be in conflict. One can understand competing intuitions about private property rights by considering how private property enables owners and their collaborators to exercise practical reason consistent with the requirements of reason, and thereby to become practically reasonable (...) agents of deliberation and choice who promote various aspects of the common good. The plural and mediated domains of property ownership, though imperfect, have moral benefits for all members of the community. They enable communities and institutions of private ordering to pursue plural and incommensurable good ends while specifying the boundaries of property rights consistent with basic moral requirements. (shrink)

Property in Human Tissue It seems that a recurring theme in our Recent Developments is the issue of property rights in tissue . This has most commonly been associated with access to reproductive material and begins from the presumption of no property in tissue. A recent decision for the Superior Court of Justice, Ontario, whilst unsuccessful on largely procedural grounds, warrants a brief note because it adds to the general discourse on property in tissue and adopts (...) a different approach. Piljak Estate v Abraham 2014 ONSC 2893 addressed the question of whether or not the family of a deceased person could access liver tissue for genetic testing. The property question arose because the family applied for access to the tissue under Rule 32.01 and in order for the tissue to fall within the ambit of the Rule it must be defined as real or personal property.Background .. (shrink)

In this chapter I argue that the old common law concept of the commons can make a major contribution to how we regulate human tissue and genetic information in the twenty-first century. But if we want to use this concept, we will have to act fast, because private corporate interests have already realised the relevance of the commons for holdings in human tissue and genetic information. Instead of a commonly created and held resource, however, they have sought to create (...) one derived from many persons' mutual labour but owned privately: what I call, with deliberate irony, a 'corporate commons'. (shrink)

Setting aside various foundational moral entanglements, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. After sketching the salient features of a prisoner’s dilemma, I will briefly examine the nature of intellectual property and how one can view content creation, exclusion, and access as a prisoner’s dilemma. In brief, allowing content to be unprotected in terms (...) of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Finally, I will argue that adopting the institutions of copyright, patent, and trade secret is one way we can avoid these sub-optimal results. (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)

The paper discusses some properties of system descriptions in action language – a recent extension of action language by defined fluents. We give a sufficient condition guaranteeing that states of an system description are fully determined by statics and inertial fluents. In system descriptions satisfying this condition, defined fluents simply facilitate the description of dynamic domains; they are not essential and can be eliminated. We use our sufficient condition to identify a common core of action languages and. This is (...) an expansion of the work of, who identified a common core of languages and. The results presented in this paper are based on the close relationship between action languages and the theory of logic programs under the answer set semantics. (shrink)

The animal cell cytoskeleton consists of three interconnected filament systems: actin‐containing microfilaments (MFs), microtubules (MTs), and the lesser known intermediate filaments (IFs). All IF proteins share a common tripartite domain structure and the ability to assemble into 8–12 nm wide filaments. Electron microscopy data suggest that IFs are built according to a completely different plan from that of MFs and MTs. IFs are known to impart mechanical stability to cells and tissues but, until recently, the biomechanical properties of single (...) IFs were unknown. However, with the discovery of naturally occurring micrometer‐wide IF bundles and the development of new methodologies to mechanically probe single filaments, it is now possible to propose a more unified view of IF biomechanics. Unlike MFs and MTs, single IFs can now be described as flexible, extensible and tough, which has important implications for our understanding of cell and tissue mechanics. Furthermore, the molecular mechanisms at play when IFs are deformed point toward a pivotal role for them in mechanotransduction. BioEssays 29: 26–35, 2007. © 2006 Wiley Periodicals, Inc. (shrink)

I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing (...) problem cases arising in property theory. Communal, intangible, fugacious, hunting, fishing, customary and recreation property rights are not ersatz instances of owning things – they are paradigms of Property Protected Activities. The same is true of the functioning of property in various aspects of contemporary law, its application in philosophical arguments such as Locke’s, and much of its historical application prior to the Nineteenth Century. By illustrating how one stable concept can resolve this myriad of otherwise puzzling cases, I argue that Property in Activities is as important and influential a concept as Ownership of Things. (shrink)

This chapter uses the main principle to explain why economic rights should be regarded as human rights. Property rights, contract rights, and other economic rights are a solution to the productive investment CAP. Property and contract rights are not defined a priori, but should be defined in a way that they will, as a practice, do the best job of equitably promoting life prospects. The chapter uses the main principle to explain the moral appropriateness of the contours of (...) property rights to both tangible and intangible property; exceptions to contracts, including unconscionability, implied warranties, strict liability, mandatory disclosure, bankruptcy; the replacement of caveat emptor with caveat venditor in win-win contracts; market economies; negative income tax; voluntary consent to economic and other transactions; prohibitions on slavery contracts; minimum wage legislation. The chapter contrasts his account with fair starting-point theories of justice, including Ronald Dworkin’s theory. He also contrasts his account with Richard Posner’s account of the common law in terms of economic efficiency. (shrink)