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)

How come we ought to do things? Current metanormative debates often suffer from the fact that authors implicitly use adequacy conditions not shared by their opponents. This leads to an unsatisfying dialectical gridlock: One author accuses her opponents of not being able to account for stuff she judges essential, but the opponents do not think this to be a major flaw. In an attempt to meet the problem of gridlock head-on, the current investigation approaches oughtness differently. -/- I start with (...) the introduction of a grounding framework for thinking about oughtness -- the central normative property -- that allows a lucid presentation of the views on the market. It soon becomes clear that one necessary part of any plausible assessment of accounts of oughtness is a discussion of their adequacy conditions. I continue with a detailed evaluation of four different accounts, as presented by Halbig (2007), Schroeder (2007), Stemmer (2006), and Scanlon (2014). My main result is that desire-based or Humean theories of oughtness are more plausible because desire-independent accounts fail to explain something crucial: the for-me character of oughtness. Based on the insights gathered thus far, I then develop a new Humean theory – metaethical conativism – and defend it against some historically influential objections. (shrink)

Jamie Morgan's commentary (Morgan, 2016) on my paper 'The Labour Theory of Property and Marginal Productivity Theory' (Ellerman, 2016) and Ted Burczak's later comments (Burczak, 2016) raise a number of issues that surely will occur to other readers and that need to be addressed. I take the occasion to expand upon the arguments and to explore some related issues. In the narrative that unfolds, Frank H. Knight plays the role of the sophisticated defender of the system of renting, hiring (...) and employing human beings. He was quite clear that the social role of economics is to develop an idealised model, the competitive free enterprise model, and then to frame the normative discussion in terms of that model. Knight would agree with the whole thread of heterodox 'criticism' that the actual economy falls far short of the ideal – which is why I largely eschewed the descriptive shortcomings of ideal model as a purported model of the actual economy. Instead my paper focused on developing a critique of the key part of the idealised model, the marginal productivity theory of distribution under competitive conditions. That critique is based on the usual juridical principle of imputing legal responsibility in accordance with factual responsibility – the principle whose property-theoretic application is the modern treatment of the labour theory of property. Historically, heterodox economics faced a fork in the road in the 19th century: whether to criticise 'the system' by developing the inchoate 'labour theory' as a theory of value or a theory of property. Marx and much of left-wing economics took the labour-theory-of-value road, whereas my paper is part of a modern attempt – Thomas Hodgskin (1832) being an earlier attempt – to take the labour-theory-of-property road. As we will see, much of the debate still revolves around these two roads. Read David Ellerman's original paper "The Labour Theory of Property and Marginal Productivity Theory" › Read Jamie Morgan's commentary on David Ellerman's paper ›. (shrink)

Phenomenologists are yet another group of philosophers who have also dealt with the problem of values and valuation. What do they have to say about it? Heidegger, to be sure, emphatically warned that we’d better stop approaching serious philosophical problems in terms of valuing and values. It is actually the result of all the efforts to the contrary, he claimed, that has brought nihilism into history and has continued to enhance it along with the accompanying despair. Values and nihilism are (...) in fact the outcome prepared by the dynamics of the traditional metaphysical dichotomy between a positing subject and a posited there-standing object with properties—valuing and values being just one of its latest expressions. Scheler and Hartmann, on the other hand, devoted their lives to the effort of elucidating valuing and values. However, here we will focus on the thoughts that Husserl, the founder of the phenomenological movement, developed regarding this problem. This is necessary if we want to deepen our understanding of the intensity and the breadth of the work that the phenomenologists he inspired developed on the possibility (or impossibility) of a philosophy of values. It is also necessary for an assessment of the real prospects of such a project, which today seems to attract progressively greater attention. To this effect, the structure of the present paper is as follows. In §2, I describe the basic features of the way Husserl carried out phenomenological-philosophical research. I will focus in particular on the meaning of “intentionality,” of “phenomenological method,” and of “intentional constitution.” In §3, I present Husserl’s idea regarding the possibility and meaning of a phenomenological critique of reason in general. The general outline and fundamental orientation of Husserl’s original project for a critique of the axiological and practical reason as well as of his essentialist-normative philosophy of valuing and of values is presented in §4. Section 5 contains an account of Husserl’s approach to emotive phenomena and to value-appearance in the Logical Investigations (1900/01) and in subsequent treatments of the issue along the lines of that original project. In §6, I present the key issue and the key problem in Husserl’s essentialist-normative Axiology. Finally, in §7 I sum up the conclusions and make some further critical remarks. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of (...) class='Hi'>property is an invisible-hand function of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

Karl Widerquist is one of the world’s leading theorists and proponents of Universal Basic Income (UBI). His argument for UBI, however, is only one important cornerstone of his broader theory of justice and freedom. This theory entails a critical reassessment of the justification and proper scope of property rights. This is the task of The Problem of Property, a nifty little book which originates in previously unpublished parts of his doctoral thesis—the same thesis that formed the foundation of (...) his Independence, Propertylessness, and Basic Income: Freedom as the Power to Say No (2013, New York: Palgrave MacMillan). The current book is thus a welcome companion piece to that magnum opus. At the same time, The Problem of Property, thanks to its brevity and clarity, is a decent standalone introduction to Widerquist’s philosophy. While some fans of his previous works might be disappointed that UBI takes an unexpected backseat, the book’s narrow critical focus on the normative justifications of property rights makes it a goldmine for political philosophers. Even Lockean right-libertarians, his ostensible main targets, should find its freedom-based arguments familiar and easy to grasp, even if they may be puzzled by some of the radical conclusions that he draws from them. (shrink)

In this paper, I develop an ecological-enactive perspective on the role rules play in linguistic behaviour. I formulate and motivate the hypothesis that metalinguistic reflexivity – our ability to talk about talking – is constitutive of linguistic normativity. On first sight, this hypothesis might seem to fall prey to a regress objection. By discussing the work of Searle, I show that this regress objection originates in the idea that learning language involves learning to follow rules from the very start. I (...) propose an ecological-enactive response to the regress objection. The key move is to deny that language learning consists initially in learning rules. A child first engages in regular communicative behaviour, by learning first-order linguistic skills, and then retroactively interprets her own behaviour in normative metalinguistic terms, i.e., as being guided by rules by relying on reflexive or second-order linguistic skills. On this view, metalinguistic reflexivity enables regulation of already regular communicative behaviour, and thereby constitutes linguistic normativity. Finally, I argue that linguistic rules are resources: they are available to participants in order to (re)negotiate properties of situated language behaviour and thereby reorganize linguistic practices. The account developed in this paper thus allows us to understand the constitutive role of metalinguistic reflexivity for linguistic normativity without falling prey to the regress objection. (shrink)

Research is increasingly suggesting that human intuitions form the core of many laws. Laws, therefore, can serve as one potential testing ground for new theories about the content and structure of intuitions. Here the model of ownership psychology as an evolved cognitive adaptation is evaluated against long-standing features of property law.

In this chapter, I consider an attempted reductio of two realist doctrines with substantial normative implications: theism (i.e., realism about God as standardly conceived in the main monotheistic traditions) and normative realism (i.e., realism about normative properties and facts). After characterizing these doctrines, I look closely at the charge that, given the evolutionary origins of theistic and normative belief, both theism and normative realism entail an implausible type of normative scepticism. But, beyond a common prima facie vulnerability to evolutionary (...) debunking arguments, normative realism and theism are in fact disanalogous in their resources for avoiding a reductio of this kind. As a result, what may worry theism need not worry secular varieties of normative realism. (shrink)

A passage on the origin of property in Grotius, De iure praedae , pp. 226-230 [Note 1] seems to contain echoes of the controversy between pope John XXII and William of Ockham on Franciscan poverty. Grotius's note (b) on p. 227 refers to the decretals..

At the centre of the metaethical debate that took off from G.E. Moore's Principia Ethica (1903) was his critique of ethical naturalism. While Moore's own arguments against ethical naturalism find little acceptance these days, an alternative ground for thinking that ethical properties and facts could not be natural has gained prominence: No natural account can be given of normativity. This collection contains original essays from both sides of the debate. Representing a wide range of metaethical views, the authors develop diverse (...) accounts of normativity and discuss what it means for a concept to be natural. Contributions are by Norbert Anwander, David Copp, Neil Roughley, Peter Schaber, Thomas Schmidt, Tatjana Tarkian, and Theo van Willigenburg. (shrink)

The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned (...) open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation. (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)

This paper defends the Blockian Proviso against its critics, Kinsella in particular, and interprets it as a law of non-contradiction in the theory of just property rights. I demonstrate that one may not lawfully appropriate in such a way as to forestall others from appropriating an unowned land because such appropriation would result in conflict-generating norms, and conflict-generating norms are not rationally justifiable and just norms. The Blockian Proviso, which precludes forestalling, operates therefore at the level (...) of original appropriation and determines, according to the homestead principle of justice in first acquisition, what may and what may not be lawfully appropriated. Hence, the Blockian Proviso is not an add-on to the homestead principle but part and parcel thereof. (shrink)

Norms play a crucial role in governing human societies. From an early age, humans possess an innate understanding of norms, recognizing certain behaviours, contexts, and roles as being governed by them. The evolution of normativity has been linked to its contribution to the promotion of cooperation in large groups and is intertwined with the development of joint intentionality. However, there is no evolutionary consensus on what normatively differentiated our hominin ancestors from the phylogenetic lineage leading to chimpanzees and (...) bonobos. Here we propose that the development of teaching through a process of evaluative feedback between parent and offspring functioned as a prerequisite for the later development of normativity. Parents approve or disapprove of offspring’s behaviours based on their own learned knowledge of what is appropriate or inappropriate. We argue our proposition using a simple model of cultural transmission, which shows the adaptive advantage offered by these elementary forms of teaching. We show that an important part of this adaptive advantage can arise from the benefits derived from guidance about which behaviours to adopt or reject. We propose that this type of guidance has fundamental elements that characterise the normative world. We complete our argument by reviewing several studies that examine the emergence of normativity in young children without prior exposure to a normative framework with respect to the behaviours under analysis. We suggest that this normativity is best interpreted as manifestations of teaching among young children rather than as norm recognition among early normative children. (shrink)

Joshua Gert offers an original account of normative facts and properties, those which have implications for how we ought to behave. He argues that our ability to think and talk about normative notions such as reasons and benefits is dependent on how we respond to the world around us, including how we respond to the actions of other people.

It was easier to make a revolution than to write 600 to 800 laws to create a market economy.Jiri Dienstbier, Foreign Minister of Czechoslovakia (1990)[I]t would be as absurd to argue that the distribution of property must never be modified by law as it would be to argue that the distribution of political power must never bechanged.Morris Cohen (1927)The takings clause of the United States Constitution requires government to pay compensation when private property is taken for public use. (...) When government regulates, but does not physically seize, property, the Supreme Court of the United States has had trouble defining when individuals have been deprived of property rights so as to give them a right to compensation. The takings clause serves “to bar Government from forcing some people alone to bear public burdens that, in all fairness and justice, should be borne by the public as a whole.” To determine when a regulation amounts to a “taking” of property requiring compensation, the Court has rightly stated that the ultimate question is whether the burden of regulation has been unfairly placed on a small class of individuals rather than the public at large. To answer this question, the Court has identified a variety of factors to consider, including the character of the governmental action, (whether the regulation effects a permanent physical invasion, destroys a core property right, or is intended to prevent public harm), whether the regulation interferes with reasonable investment-backed expectations, and the extent of the diminution in value of the property (particularly whether the regulation deprives the owner of any economically viable use of the property). (shrink)

This paper responds to Birch and Buskell's thoughtful critique. In it, I defend my use of behavioural ecology. I argue, contra Birch and Buskell, that I can give a principled defence of the emergence of conventions for respecting property, modelling as a network of pairwise iterated PDs between incipient farmers. Second, I defend my scepticism about the power of cultural group selection to optimise community normative packages. Finally, I located my views, as requested, against those of The dawn of (...) everything. I argue that the more complex “original position” envisaged in Dawn depends on special conditions rarely found on Pleistocene Africa. (shrink)

I briefly present and motivate a ‘skill hypothesis’ regarding the evolution of human normative cognition. On this hypothesis, the capacity to internally represent action-guiding norms evolved as a solution to the distinctive problems of standardizing, learning and teaching complex motor skills and craft skills, especially skills related to toolmaking. We have an evolved cognitive architecture for internalizing norms of technique, which was then co-opted for a rich array of social functions. There was a gradual expansion of the normative (...) domain, with ritual playing an important role in bridging the gap between concrete, enacted norms and general, abstract norms, such as kinship norms. I conclude by stating nine predictions arising from the skill hypothesis. (shrink)

Traditional methods for deriving property-based representations of concepts from text have focused on either extracting only a subset of possible relation types, such as hyponymy/hypernymy (e.g., car is-a vehicle) or meronymy/metonymy (e.g., car has wheels), or unspecified relations (e.g., car—petrol). We propose a system for the challenging task of automatic, large-scale acquisition of unconstrained, human-like property norms from large text corpora, and discuss the theoretical implications of such a system. We employ syntactic, semantic, and encyclopedic information to (...) guide our extraction, yielding concept-relation-feature triples (e.g., car be fast, car require petrol, car cause pollution), which approximate property-based conceptual representations. Our novel method extracts candidate triples from parsed corpora (Wikipedia and the British National Corpus) using syntactically and grammatically motivated rules, then reweights triples with a linear combination of their frequency and four statistical metrics. We assess our system output in three ways: lexical comparison with norms derived from human-generated property norm data, direct evaluation by four human judges, and a semantic distance comparison with both WordNet similarity data and human-judged concept similarity ratings. Our system offers a viable and performant method of plausible triple extraction: Our lexical comparison shows comparable performance to the current state-of-the-art, while subsequent evaluations exhibit the human-like character of our generated properties. (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)

ABSTRACTThis article suggests that corporate responsibility should be interpreted to include concern about resources that cannot easily be treated as commodities. Heritage Sites are places of historical and cultural importance. Given the primacy of contingent valuation methods in creating policy, these sites are often at risk from development or tourism since there is pressure to treat them as revenue centers. The article moves to looking at the status of sites in terms of property rights, drawing on Locke's original formulation. (...) The article concludes that there is a normative justification for treating these sites as collective property that may warrant maintenance, preservation and restricted access. (shrink)

The Origin of the Family, Private Property and the State (1884), was a provocative and profoundly influential critique of the Victorian nuclear family. Engels argued that the traditional monogamous household was in fact a recent construct, closely bound up with capitalist societies. Under this patriarchal system, women were servants and, effectively, prostitutes. Only Communism would herald the dawn of communal living and a new sexual freedom and, in turn, the role of the state would become superfluous.

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing (...) on the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

In numerous studies, experimental economists have documented the fact that people tend to propose that divisible goods be divided equally. It has often been proposed, most notably by the sociobiologists, that this tendency may have a biological basis, and might be the product of evolution and natural selection. ;My dissertation addresses methodological and philosophical problems that arise in the course of establishing this naturalistic claim. Specifically, the focus of this dissertation is on the project of using evolutionary game theory to (...) model the emergence of behavioral norms in a population. ;Chapter 1 briefly surveys the experimental economics literature that supports the existence of such behavioral propensities, and gives an overview of the dissertation. Chapter 2 introduces the fundamental concepts of game theory and evolutionary game theory. Chapter 3 argues that certain robustness failures may be overcome if group selection mechanisms are incorporated into the evolutionary models. Chapter 5 defends Peter Railton's causal theory of explanation, and argues that it best accommodates the dynamical models of evolutionary game theory. Chapter 6 addresses the question of whether a descriptive account of the origins of our moral intuitions is relevant to the normative project of identifying our moral obligations, and critiques arguments by Peter Singer and Peter Unger that our moral intuitions lack justification. (shrink)

In this chapter, I pursue two aims. Firstly, I propose an original survey and analysis of the way proponents of 4E cognition have until now defined the re-lations between normativity and cognitive science. A first distinction is made between making normativity an explanandum of 4E cognitive science, and turning normativity into a property or part of the explanantia of 4E cognitive science. Inside of the latter option, one must distinguish between methodolog-ical, ontological and semantic claims on the value of (...) normativity for studying and defining cognitive phenomena. The second aim of the paper consists in developing the further claim that normativity is an essential property of daily intentional concepts and of scientific concepts. I show how 4E cognition might further develop this latter claim in the context of recent debates about cognitive ontologies in neuroscience. (shrink)

RÉSUMÉ: Dans cet article, je distingue deux familles théoriques qui conçoivent les normes morales comme des «intrants» (inputs) ou des «extrants» (outputs). Je soutiens que l’on peut ultimement unifier la meilleure version de ces deux modèles en un seul modèle théorique que je nomme l’Innéisme Modéré. La différence entre ces deux modèles apparemment antagonistes en est une de perspective plutôt que de contenu : alors que le modèle des intrants analyse l’impact de dispositions émotionnelles sur l’évolution historique des normes morales, (...) le modèle des extrants s’intéresse plutôt au rôle de ces mêmes dispositions dans le développement de jugements moraux individuels. (shrink)

This paper reconstructs the conceptual foundations of Locke’s unilateralist theory of original appropriation through a critical comparison with the rival compact theories of Grotius and Pufendorf. Much of the normative and conceptual framework of Locke’s theory is common to theirs. Integrating his innovative doctrines on labour and natural self-proprietorship into this received theoretical framework logically required Locke to make several conceptual amendments. I highlight three all but overlooked revisions: (i) an unusually broad conception of labour; (ii) a reduction of mere (...) use-rights to property rights; and (iii) a novel non-self-preservationist interpretation of the divine authorization to use natural resources in common. The reconceptualization of ‘labour’ is theoretically the most fundamental, underpinning the other two. My contextual reconstruction enhances our grasp of the structure of Locke’s theory of original appropriation. It also reveals Locke’s main objection to compact theories to be an external one, hinging on idiosyncratic conceptualizations of key notions. (shrink)

_ Source: _Volume 38, Issue 1, pp 129 - 147 The essay investigates elements of sixteenth-century scholastic thought that have played a role in Grotius’s doctrine of necessity: the nature of the rights of the person in extreme need; the relation of the right of necessity to self-preservation; the compact that lies at the origin of property rights; and finally the obligation of restitution once the emergency is over. Grotius did not develop the doctrine of necessity as an abstract (...) principle about the relationship between private property and subsistence rights. Instead, he used it primarily as a normative principle on permissible behavior in times of war. The comparison with sixteenth-century thought and the practical purposes for which he developed the principle help to understand better the Grotian conception about the subjective nature of the right of necessity and its normative foundation. (shrink)

In this chapter, I pursue two aims. Firstly, I propose an original survey and analysis of the way proponents of 4E cognition have until now defined the relations between normativity and cognitive science. A first distinction is made between making normativity an explanandum of 4E cognitive science, and turning normativity into a property or part of the explanantia of 4E cognitive science. Inside of the latter option, one must distinguish between methodological, ontological and semantic claims on the value of (...) normativity for studying and defining cognitive phenomena. The second aim of the paper consists in developing the further claim that normativity is an essential property of daily intentional concepts and of scientific concepts. I show how 4E cognition might further develop this latter claim in the context of recent debates about cognitive ontologies in neuroscience. (shrink)

Our goal is to develop an English version of the Dream Property Scale (DPS-E) based on the original normed scale in Japan (DPS-J). Factor analyses extracted four factors (Emotionality, Rationality, Activity, and Impression) and its factor structure was apparently similar to the DPS-J. The DPS-E was also shown to be related to EEG power spectral values. These results indicate that the DPS-E may provide an exploratory basis for a reliable and valid tool for capturing and quantifying the properties of (...) dream experiences that could reflect physiological activities without the intervention of experimenters. We suggest that the DPS-E will develop into a useful tool to help clarify dream production mechanisms by further investigation. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices (...) in a society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

This dissertation examines the psychology of moral judgment and its implications for normative ethics and metaethics. Recent empirical findings in moral psychology, such as the impact of emotions, intuitions, and situational factors on moral judgments, have sparked a debate about whether ordinary moral judgments are systematically error-prone. Some philosophers, such as Peter Singer and Joshua Greene, argue that these findings challenge the reliability of moral intuitions and support more "reasoned", consequentialist approaches over deontological ones. The first part of the dissertation (...) reviews these provocative findings and the philosophical reactions to them, which often invoke the notion of 'moral relevance' - the idea that some factors shaping moral judgments are morally irrelevant. The second part develops a psychological account of moral relevance, drawing on theories of the moral domain, the role of emotions, and models of moral cognition. This account reveals the complex interplay of intuitive and reasoned processes in generating impressions of moral relevance. The final part reevaluates the philosophical discussions in light of this psychological understanding. It contends that the evolutionary background of moral intuitions does not necessarily render them inadequate, and that both deontological and consequentialist judgments likely depend on evolved intuitions to a significant degree. Furthermore, the tendency to dismiss certain influences on moral judgment as irrelevant can itself be explained psychologically. Considering the psychological account presented, mind-independent accounts of morality become less plausible. The dissertation concludes that while empirical moral psychology reveals important constraints on normative theorizing, it does not decisively favor consequentialism over deontology. To assess the significance of empirical-scientific findings for ethics, a nuanced understanding of the origins of moral judgments is nevertheless indispensable. (shrink)

:A norm of equal treatment is cited regularly in the American jurisprudence of property “takings” under the Fifth and Fourteenth Amendments to the Constitution, as a benchmark of fair treatment of owners. According to an increasingly prevalent version of this equality norm, courts should look to parity of treatment among property owners in investigating whether particular regulations “take” property. This essay argues, however, that such an equality norm is misplaced, and that courts should judge fairness by the (...) criterion of expectation—including reasonable expectations of regulation.A norm of equality becomes problematic in the face of the economic theory of the evolution of property. This theory posits that as resources become more congested, their uses carry increasing common pool costs or “externalities”—a scenario that should predictably result in more stringent resource management—up to and including the establishment of regulatory regimes as well as property rights themselves. This evolutionary pattern, however, places earlier and later resource users in different positions vis-à-vis both common pool externalities and regulatory responses, and their different temporal positions fragment the meaning of equal treatment and destabilize it as a jurisprudential norm. This essay argues that while equal treatment may be a benchmark for special or invidious cases, like those relating to civil rights, the great bulk of takings cases involve regulatory responses to congesting resources, where a norm of equal treatment breaks down. Thus, in seeking fair treatment, takings jurisprudence should downplay equality and instead look to the understanding of property as a basis of expectations—but those expectations should include the anticipation of reasonable regulatory responses to resource congestion. (shrink)

propose an interpretation of the concept of legal validity as a Kantian category so that the question about the ultimate foundation for the validity of a legal order does not arise, since it makes sense to ask about the reasons for the validity of specific legal norms, but it is illegitimate to apply this concept to the totality of norms of a legal system. Thus, the basic norm is not to be conceived as the final grounding of legal (...) validity but as the ultimate transcendental condition for the cognition of it. I also reformulate the Kelsenian concept of effectiveness in terms of the apriori condition that guarantees the existence of legal systems as the objects of study of the science of law. (shrink)

As an environmental philosopher I had long been aware of dilemmas between animal ethics and ecological ethics, but now, as the manager of my own biodiversity reserve, I was facing these dilemmas in a more gut-wrenching and complex form than I had ever encountered in the classroom. Pressured by environmental authorities to cull kangaroos on my property, in the name of ecological ethics, I started thinking about the very meaning of ethics, its origins in the evolution of society (...) and its material and metaphysical presuppositions. Two different conceptions of the normative root of society emerged, the deontic conception, appropriate within the material and metaphysical framework of hunter-gatherer societies, and the axial conception, appropriate within the framework of ’civilization’, viz the agrarian societies that evolved into the urban-industrial formations of the modern era. The axial conception, based on empathy, aligned with our modern conception of ethics, and underlay our contemporary sense of animal ethics. ’Ecological ethics’, on the other hand, seemed to be obscurely underpinned by the deontic conception, and was not ethical at all in the axial sense, and was moreover mismatched, normatively speaking, with the material and metaphysical realities of modern societies. A different set of practices from those currently prescribed by environmental authorities needs to be devised to meet both the ethical and ecological requirements of our contemporary natural environment. (shrink)

:This essay explores the meaning and normative significance of Locke’s depiction of individuals as proprietors of their own person. I begin by reconsidering the long-standing puzzle concerning Locke’s simultaneous endorsement of divine proprietorship and self-ownership. Befuddlement vanishes, I contend, once we reject concurrent ownership in the same object: while God fully owns our lives, humans are initially sole proprietors of their own person. Locke employs two conceptions of “personhood”: as expressing legal independence vis-à-vis humans and moral accountability vis-à-vis God. Humans (...) own their person in the first sense. As original proprietors of their own person, individuals are entitled to subject themselves to self-chosen authorities, thereby incurring obligations of obedience. But they may not choose just any authority. Divine ownership of human life delimits personal self-ownership by restricting the ways in which humans can dispose of their persons: we cannot possibly consensually subject ourselves to absolute and arbitrary power. Locke’s rights-forfeiture theory for crime makes slavery and despotism nonetheless potentially rightful conditions. I argue that, paradoxically, divine dominium of human life underpins both the impermissibility of voluntary enslavement and the justifiability of penal slavery. My analysis helps explain why modern Lockean theories of self-ownership that reject Locke’s theological premises have adopted an ambiguous stance toward despotic rule. (shrink)

Deacon develops a minimal model of a nonparasitic virus to explore how nucleotide sequences came to be characterized by a code-like informational at the origin of life. The model serves to problematize the concept of biological normativity because it highlights two common yet typically implicit assumptions: that life could consist as an inert form, were it not for extrinsic sources of physical instability, and that life could have originated as a singular self-contained individual. I propose that the origin of life, (...) the genetic code, and biological normativity more generally, lead us to reject this passive individualism. (shrink)

According to cognitive non-naturalism, normative judgments are standard beliefs that purport to be about non-natural properties. An influential plurality of normative theorists, including non-naturalist realists, error theorists and skeptics, share this view. But it is mistaken. For it predicts an epistemic profile for normative judgments that they do not have. In particular, they are not disposed to extinguish in light of accepted evidence that the any non-natural properties are absent, and they are not disposed to come into existence in light (...) of accepted evidence for any non-natural property. So normative judgments might be beliefs, and there might be non-natural properties, but normative judgments are not beliefs about non-natural properties. (shrink)

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers (...) an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)

This comment suggests that coordination and cooperation are very different things, as the former simply is a device for problem-solving, while the latter relies on the existence of some shared intentionality. Similarly there exist different origins for the normative expectations an agent might form. Hence the comment argues that Schmid's taxonomy of action types, though helpful, needs to be extended and revised.

Many natural scientists explain the evolutionary origin of morality by documenting altruistic behaviour in our nearest nonhuman relatives. Christine Korsgaard has criticized such attempts on the premise that they do not put enough effort in explaining the capacity to be motivated by normative thoughts. She speculates that normative motivation may have originated with the internalization of the dominance instincts. In this article I will challenge the dominance hierarchy hypothesis by arguing that a proper investigation into how and when dominance inhibits (...) behaviour does not seem to reveal a minimal normative dimension. (shrink)

Property rights are the rules governing ownership in society. This Element offers an analytical framework to understand the origins and consequences of property rights. It conceptualizes of the political economy of property rights as a concern with the follow questions: What explains the origins of economic and legal property rights? What are the consequences of different property rights institutions for wealth creation, conservation, and political order? Why do property institutions change? Why do (...) legal reforms relating to property rights such as land redistribution and legal titling improve livelihoods in some contexts but not others? In analyzing property rights, the authors emphasize the complementarity of insights from a diversity of disciplinary perspectives, including Austrian economics, public choice, and institutional economics, including the Bloomington School of institutional analysis and political economy. (shrink)

The subject of the study is the purpose of man through the prism of the oldest occupation – hunting. The role of hunting in the development of human culture and the construction of its interaction with space is poorly spelled out by modern historians. In philosophical works, the discourse of the "hunting man" is presented as a form of violence, aggression, territorial expansion and cruelty towards oneself and nature. The lack of an adequate cultural conceptualization of hunting, its removal from (...) the framework of civilizational and cultural factors is also due to the new movement in defense of animal rights, which generally blocks conversations about hunting. Meanwhile, bringing this topic to the public forum is necessary precisely due to the fact that against the background of the decline of commercial hunting, other forms of it are flourishing, which also need to be discussed and evaluated. The authors put forward the thesis that the development of the hunting theme will allow a deeper understanding of the features of the relationship between a person and a territory, its features of its existence in socio-biological space and time. It should be recognized as a property of a living being to counteract another living being. However, not only in humans, but also in animals, there are examples of altruism and caring for the younger generations. Therefore, the origins of aggressiveness and the desire of civilized people to use such an extreme form of recreation as modern hunting becomes should be sought in the device of the artificial environment in which modern man is formed. The condition for solving this problem is a philosophical analysis of norms and codes of behavior that determine the codification of the ultimate grounds and drivers of hunting, as well as the synthesis of human rights and animal rights to preserve the biospheric integrity of the planet Earth. (shrink)

Hegel is the most prominent philosopher who argued that 'philosophy is its own time comprehended in thought', and he argued for this with an elaborate theory about the necessarily historical and experiential content of normative principles and ideals, especially, in his own historical period, the ideal of a free life. His insistence that philosophy must attend to the 'actuality' of the norms it considers is quite controversial, often accused of accommodation with the status quo, a 'might makes right' theory (...) of history, and the abandonment of philosophy's critical and reflective task. In this article, I explore Hegel's case for this position in his Phenomenology of Spirit, using as a model for his argument his account of the way the intention of an action can only be properly understood as it is 'actualized' in an action, and I consider some of the standard objections in the light of this model. [ABSTRACT FROM AUTHOR]\nCopyright of Inquiry is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to alls.). (shrink)

On the Origin of Objects is, at heart, an extended search for a non-circular and nonreductive characterization of two key notions: intentionality and computation. Only a non-circular and non-reductive account of these key notions can, Smith believes, provide a secure platform for a proper understanding of the mind. The project has both a negative and a positive aspect. Negatively, Smith rejects views that attempt to identify the key notions with lower-level physical properties, arguing instead for a more abstract and systemic (...) understanding. This negative effort occupies Part I of the book. In Part II, we encounter the positive side of Smith's proposal: an attempt to develop a non-reductive analysis of computation and meaning able to meet the requirements laid out in Part I. One purpose of this critical review is to lay out this project in fairly simple terms. This is necessary since Smith's own treatment and prose sometimes obscures the flow of the argument. I suggest that, properly understood, Smith's proposal bears a clear affinity to ideas emerging from the dynamical systems movement within Cognitive Science, and that this tie-in can help put flesh on several of the more metaphorical characterizations in the book. My main criticism is that the book ultimately fails to provide an account able to meet Smith's own requirements for a truly non-reductive account of intentionality. This is especially the case regarding Smith's commitment to licensing a partition of the world based on no a priori assumptions whatsoever. The exercise is a valuable one, however, since it forces us to look harder at some foundational assumptions and at least hints at a new and refreshing perspective: one in which the key explanatory relations are grounded in facts about human practice and pragmatically established social norms. (shrink)