Results for 'ownership rights'

983 found
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  1.  14
    Ownership Rights.Shaylene E. Nancekivell, Charles J. Millar, Pauline C. Summers & Ori Friedman - 2016 - In Wesley Buckwalter & Justin Sytsma (eds.), Blackwell Companion to Experimental Philosophy. Malden, MA: Blackwell. pp. 247–256.
    Ownership rights influence thought and behavior in relation to the physical world and in relation to other people. We review recent research examining the nature of ownership rights, and how young children and adults conceive of them. This research examines issues such as the rights ownership is assumed to confer; whether ownership rights reflect principles specific to ownership or instead depend on more general moral principles; and whether ownership rights (...)
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  2.  55
    For the greater goods? Ownership rights and utilitarian moral judgment.J. Charles Millar, John Turri & Ori Friedman - 2014 - Cognition 133 (1):79-84.
    People often judge it unacceptable to directly harm a person, even when this is necessary to produce an overall positive outcome, such as saving five other lives. We demonstrate that similar judgments arise when people consider damage to owned objects. In two experiments, participants considered dilemmas where saving five inanimate objects required destroying one. Participants judged this unacceptable when it required violating another’s ownership rights, but not otherwise. They also judged that sacrificing another’s object was less acceptable as (...)
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  3.  65
    Ownership Rights and the Body.Gideon Calder - 2006 - Cambridge Quarterly of Healthcare Ethics 15 (1):89-100.
    edited by Doris Schroeder, welcomes contributions on all health topics related to human rights and relevant generic contributions from the human rights debate. To submit a paper or to discuss suitable topics, please e-mail Doris Schroeder at [email protected]. a.
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  4.  47
    Parallels in Preschoolers' and Adults' Judgments About Ownership Rights and Bodily Rights.Julia W. Van de Vondervoort & Ori Friedman - 2015 - Cognitive Science 39 (1):184-198.
    Understanding ownership rights is necessary for socially appropriate behavior. We provide evidence that preschoolers' and adults' judgments of ownership rights are related to their judgments of bodily rights. Four-year-olds and adults evaluated the acceptability of harmless actions targeting owned property and body parts. At both ages, evaluations did not vary for owned property or body parts. Instead, evaluations were influenced by two other manipulations—whether the target belonged to the agent or another person, and whether that (...)
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  5.  89
    Who Should Control a Corporation? Toward a Contingency Stakeholder Model for Allocating Ownership Rights.Alessandro Zattoni - 2011 - Journal of Business Ethics 103 (2):255-274.
    A number of companies allocate ownership rights to stakeholders different from shareholders, despite the fact that the law attributes these rights to the equity holders. This article contributes to an understanding of this evidence by developing a contingency model for the allocation of ownership rights. The model sheds light on why companies, despite pressures from the law, vary in their allocation of ownership rights. The model is based on the assumption that corporations increase (...)
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  6. Property and the Will: Kant and Achenwall on Ownership Rights.Fiorella Tomassini - 2023 - Kantian Review 28 (2):297-313.
    This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought (...)
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  7. Against self-ownership: There are no fact-insensitive ownership rights over one's body.Kasper Lippert-Rasmussen - 2008 - Philosophy and Public Affairs 36 (1):86–118.
  8.  42
    Human Rights, Ownership, and the Individual.Rowan Cruft - 2019 - New York, NY: Oxford University Press.
    Is it defensible to use the concept of a right? Can we justify this concept's central place in modern moral and legal thinking, or does it unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft brings together a new account of the concept of a right. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive role for the concept: it is appropriate to our thinking about fundamental moral duties springing from the good of the (...)
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  9. The Right to Relocation: Disappearing Island Nations and Common Ownership of the Earth.Mathias Risse - 2009 - Ethics and International Affairs 23 (3):281-300.
    Risse is concerned with humanity's common ownership of the earth, which has implications for a range of global problems. In particular, it helps illuminate the moral claims to international aid of small island nations whose existence is threatened by global climate change--such as Kiribati.
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  10.  17
    Ownership, Authority, and Self-Determination: Moral Principles and Indigenous Rights Claims.Burke A. Hendrix - 2008 - Pennsylvania State University Press.
    Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states now ruling (...)
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  11.  37
    Self-ownership and despotism: Locke on property in the person, divine dominium of human life, and rights-forfeiture.Johan Olsthoorn - 2019 - Social Philosophy and Policy 36 (2):242-263.
    :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 (...)
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  12. Ownership and Control Rights in Democratic Firms: A Republican Approach.Inigo González-Ricoy - 2020 - Review of Social Economy 78 (3):411-430.
    Workplace democracy is often defined, and has recently been defended, as a form of intra-firm governance in which workers have control rights over management with no ownership requirement on their part. Using the normative tools of republican political theory, the paper examines bargaining power disparities and moral hazard problems resulting from the allocation of control rights and ownership to different groups within democratic firms, with a particular reference to the European codetermination system. With various qualifications related (...)
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  13. Self-Ownership and the Right of Property.Eric Mack - 1990 - The Monist 73 (4):519-543.
  14.  98
    Self-Ownership, Autonomy, and Property Rights.Alan Ryan - 1994 - Social Philosophy and Policy 11 (2):241-258.
    Writers of very different persuasions have relied on arguments about self-ownership; in recent years, it is libertarians who have rested their political theory on self-ownership, but Grotian authoritarianism rested on similar foundations, and, even though it matters a good deal that Hegel did not adopt a full-blown theory of self-ownership, so did Hegel's liberal-conservatism. Whether the high tide of the idea has passed it is hard to say. One testimony to its popularity was the fact that G. (...)
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  15.  99
    Can ownership be justified by natural rights?John Christman - 1986 - Philosophy and Public Affairs 15 (2):156-177.
  16.  46
    Human-tissue-related inventions: ownership and intellectual property rights in international collaborative research in developing countries.P. A. Andanda - 2008 - Journal of Medical Ethics 34 (3):171-179.
    There are complex unresolved ethical, legal and social issues related to the use of human tissues obtained in the course of research or diagnostic procedures and retained for further use in research. The question of intellectual property rights over commercially viable products or procedures that are derived from these samples and the suitability or otherwise of participants relinquishing their rights to the samples needs urgent attention. The complexity of these matters lies in the fact that the relationship between (...)
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  17.  12
    Self-ownership, property rights and the human body: a legal and philosophical analysis.Muireann Quigley - 2018 - Cambridge: Cambridge University Press.
    How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.
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  18.  62
    Communal Ownership and Kant’s Theory of Right.S. M. Love - 2020 - Kantian Review 25 (3):415-440.
    The article argues that Kant’s argument for ownership entails a standard of meaningful use by which property regimes can be evaluated: a regime must make it possible for usable objects to be meaningfully used. A particular form of fully communal ownership can satisfy this standard. Further, this form of communal ownership is compatible with Kantian freedom more broadly. I conclude that, if this is so, there is a great deal of space for further consideration of the rightfulness (...)
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  19. (1 other version)Self-ownership, abortion, and the rights of children: Toward a more conservative libertarianism.Edward Feser - 2004 - Journal of Libertarian Studies 18 (3):91œ114.
  20.  49
    The ownership that wasn't meant to be: Yearworth and property rights in human tissue.Luke David Rostill - 2014 - Journal of Medical Ethics 40 (1):14-18.
    This paper is concerned with the English Court of Appeal's decision in Yearworth v North Bristol NHS Trust that six men had, for the purposes of their claims against the trust, ownership of the sperm they had produced. The case has been discussed by many commentators and most, if not all, of those who have discussed the case have claimed or assumed that the court held that the claimants had property rights in the sperm they had produced. In (...)
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  21. Self-ownership, Equality, and the Structure of Property Rights.John Christman - 1991 - Political Theory 19 (1):28-46.
  22. (1 other version)Common ownership of the earth as a non-parochial standpoint: A contingent derivation of human rights.Mathias Risse - 2008 - European Journal of Philosophy 17 (2):277-304.
  23. Ownership and rights : sustainable development ideals with inequalities of recognition and resource management.Kristin Kuutma - 2024 - In Chiara Bortolotto & Ahmed Skounti (eds.), Intangible cultural heritage and sustainable development: inside a UNESCO Convention. New York, NY: Routledge, Taylor & Francis Group.
     
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  24.  36
    Victims' Stories of Human Rights Abuse: The Ethics of Ownership, Dissemination, and Reception.Diana Tietjens Meyers - 2018 - Metaphilosophy 49 (1-2):40-57.
    This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome the implicit (...)
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  25. Ownership, co-ownership, and the justification of property rights.J. E. Penner - 2006 - In Timothy Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. New York: Oxford University Press.
     
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  26.  19
    Rights and Resources—Libertarians and the Right to Life.James W. Harris - 2002 - Ratio Juris 15 (2):109-121.
    The author addresses Robert Nozick's claim that: “The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition.” Hence Nozick insists that rights are violated if citizens are compelled to contribute to others' welfare, however urgent their needs may be. The author argues that it is characteristic of libertarian theories that they invoke the moral sanctity of private property against welfarist or egalitarian conceptions of (...)
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  27.  34
    Different types—different rights.Barbro Björkman - 2007 - Science and Engineering Ethics 13 (2):221-233.
    Drawing on a social construction theory of ownership in biological material this paper discusses which differences in biological material might motivate differences in treatment and ownership rights. The analysis covers both the perspective of the person from whom the material originates and that of the potential recipient. Seven components of bundles of rights, drawing on the analytical tradition of Tony Honoré, and their relationship to various types of biological material are investigated. To exemplify these categories the (...)
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  28.  83
    Can a right of self-ownership be robust?Akira Inoue - 2007 - Law and Philosophy 26 (6):575-587.
    According to a renowned left-libertarian, Michael Otsuka, a libertarian right of self-ownership can be so robust that one need not sacrifice the use of one's mind and body to help others. In this article, I demonstrate that Otsuka's way of reconciling this robust conception of self-ownership with equality is not appealing and, at best, would provide limited guidance in the face of real-life uncertainty.
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  29.  51
    Body Parts: Property Rights and the Ownership of Human Biological Materials.Judith Andre & E. Richard Gold - 1998 - Hastings Center Report 28 (2):42.
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  30.  37
    Who Is the Rightful Owner? Young Children’s Ownership Judgments in Different Transfer Contexts.Zhanxing Li, Minli Qi, Jing Yu & Liqi Zhu - 2018 - Frontiers in Psychology 9.
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  31. From Nozick to welfare rights: Self‐ownership, property, and moral desert.Adrian Bardon - 2000 - Critical Review: A Journal of Politics and Society 14 (4):481-501.
    The Kantian moral foundations of Nozickian libertarianism suggest that the claim that self‐ownership grounds only negative rights to property should be rejected. The moral foundations of Nozick's libertarianism better support basing property rights on moral desert. It is neither incoherent nor implausible to say that need can be a basis for desert. By implication, the libertarian contention that persons ought to be respected as persons living self‐shaping lives is inconsistent with the libertarian refusal to accept that claims (...)
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  32. The Right to Private Property.Jeremy Waldron - 1990 - Oxford, GB: Clarendon Press.
    Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this (...)
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  33. Property Rights : Philosophic Foundations.Lawrence C. Becker - 1977 - Routledge.
    _Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in (...)
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  34. Property rights in genetic information.Richard A. Spinello - 2004 - Ethics and Information Technology 6 (1):29-42.
    The primary theme of this paper is the normative case against ownership of one's genetic information along with the source of that information (usually human tissues samples). The argument presented here against such “upstream” property rights is based primarily on utilitarian grounds. This issue has new salience thanks to the Human Genome Project and “bio-prospecting” initiatives based on the aggregation of genetic information, such as the one being managed by deCODE Genetics in Iceland. The rationale for ownership (...)
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  35.  42
    Hobbes on justice, property rights and self-ownership.Johan Olsthoorn - 2015 - History of Political Thought 36 (3):471-498.
    This article explores the conceptual relations Hobbes perceived between justice, law, and property rights. I argue that Hobbes developed three distinct arguments for the State-dependency of property over time: the Security, Precision and Creation Argument. On the last and most radical argument, the sovereign creates all property rights ex nihilo through distributive civil laws. Hobbes did not achieve this radically conventionalist position easily: it was not defended consistently until the redefinition of distributive justice as a virtue of arbitrators (...)
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  36.  25
    Body parts: Property rights and the ownership of human biological materials.E. Richard Gold & Russell Scott - 1998 - Bioethics 12 (3):250-252.
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  37. Property rights of personal data and the financing of pensions.Francis Cheneval - 2021 - Critical Review of International Social and Political Philosophy 24 (2):253-275.
    Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that (...)
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  38. Is there a human right to free movement? Immigration and original ownership of the earth.Michael Blake & Mathias Risse - 2009 - Notre Dame Journal of Law, Ethics and Public Policy 23 (1):166.
    1. Among the most striking features of the political arrangements on this planet is its division into sovereign states.1 To be sure, in recent times, globalization has woven together the fates of communities and individuals in distant parts of the world in complex ways. It is partly for this reason that now hardly anyone champions a notion of sovereignty that would entirely discount a state’s liability the effects that its actions would have on foreign nationals. Still, state sovereignty persists as (...)
     
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  39. The Human Right to Water and Common Ownership of the Earth.Mathias Risse - 2013 - Journal of Political Philosophy 22 (2):178-203.
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  40.  30
    (1 other version)Self-ownership, Marxism, and Egalitarianism.Eric Mack - 2002 - Politics, Philosophy and Economics 1 (2):237-276.
    Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be inferred (...)
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  41.  42
    Reclaiming Commons Rights: Resources, Public Ownership and the Rights of Future Generations.Daniel Mishori - 2014 - Law and Ethics of Human Rights 8 (2):335-366.
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  42.  27
    Must Right-Libertarians Embrace Easements by Necessity?Łukasz Dominiak - 2019 - Diametros 60:34-51.
    The present paper investigates the question of whether right-libertarians must accept easements by necessity. Since easements by necessity limit the property rights of the owner of the servient tenement, they apparently conflict with the libertarian homestead principle, according to which the person who first mixes his labor with the unowned land acquires absolute ownership thereof. As we demonstrate in the paper, however, the homestead principle understood in such an absolutist way generates contradictions within the set of rights (...)
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  43.  78
    Lockean property rights, Tully's community ownership, and melanesian customary communal ownership.David R. Lea - 1994 - Journal of Social Philosophy 25 (1):117-132.
  44.  32
    Identity Rights: A Structural Void in Inclusive Growth.Mukesh Sud & Craig V. VanSandt - 2015 - Journal of Business Ethics 132 (3):589-601.
    This paper investigates a structural void that, especially in the context of poor or developing nations, prevents economic growth from being more inclusive and benefiting wider sections of society. The authors initially examine the imperative for inclusive growth, one encompassing a focus on poverty and development. Utilizing social choice theory, and a capability deprivation perspective, we observe that the poor experience deprivations due to a deficiency in their personal autonomy. This in turn is deeply interwoven with the concept of identity. (...)
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  45. Animal rights: current debates and new directions.Cass R. Sunstein & Martha Craven Nussbaum (eds.) - 2004 - New York: Oxford University Press.
    Cass Sunstein and Martha Nussbaum bring together an all-star cast of contributors to explore the legal and political issues that underlie the campaign for animal rights and the opposition to it. Addressing ethical questions about ownership, protection against unjustified suffering, and the ability of animals to make their own choices free from human control, the authors offer numerous different perspectives on animal rights and animal welfare. They show that whatever one's ultimate conclusions, the relationship between human beings (...)
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  46.  31
    Victims, Their Stories, and Our Rights.Vittorio Bufacchi - 2018 - Metaphilosophy 49 (1-2):3-12.
    Diana Meyers argues that breaking the silence of victims and attending to their stories are necessary steps towards realizing human rights. Yet using highly personal victims' stories to promote human rights raises significant moral concerns, hence Meyers suggests that before victims' stories can be accessed and used, it is morally imperative that requirements of informed consent and non-retraumatization are secured. This article argues that while Meyers' proviso is important, and necessary, it may not be sufficient. First, one potential (...)
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  47.  28
    David Lea , Property Rights, Indigenous People and the Developing World: Issues from Aboriginal Entitlement to Intellectual Ownership . Reviewed by.Thomas W. Simon - 2011 - Philosophy in Review 31 (1):49-53.
  48.  42
    Individualism and Libertarian Rights.Eric Mack - 2009 - In Thomas Christiano & John Philip Christman (eds.), Contemporary Debates in Political Philosophy. Malden, MA: Wiley-Blackwell. pp. 119–136.
    This chapter contains sections titled: Introduction Prerogatives, Rationales, and Restrictions The Individualist Prerogative and Self‐Ownership The Individualist Prerogative and the Right to the Practice of Private Property A Self‐Ownership Proviso Conclusion Notes.
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  49. The Moral Right to Keep and Bear Firearms.C'Zar Bernstein, Timothy Hsiao & Matthew Palumbo - 2015 - Public Affairs Quarterly 29 (4).
    The moral right to keep and bear arms is entailed by the moral right of self-defense. We argue that the ownership and use of firearms is a reasonable means of exercising these rights. Given their defensive value, there is a strong presumption in favor of enacting civil rights to keep and bear arms ranging from handguns to ‘assault rifles.’ Thus, states are morally obliged as a matter of justice to recognize basic liberties for firearm ownership and (...)
     
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  50.  46
    Ownership psychology as a cognitive adaptation: A minimalist model.Pascal Boyer - 2023 - Behavioral and Brain Sciences 46:e323.
    Ownership is universal and ubiquitous in human societies, yet the psychology underpinning ownership intuitions is generally not described in a coherent and computationally tractable manner. Ownership intuitions are commonly assumed to derive from culturally transmitted social norms, or from a mentally represented implicit theory. While the social norms account is entirelyad hoc, the mental theory requires prior assumptions about possession and ownership that must be explained. Here I propose such an explanation, arguing that the intuitions result (...)
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