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

An intrinsic property, as David Lewis puts it, is a property "which things have in virtue of the way they themselves are", as opposed to an extrinsic property, which things have "in virtue of their relations or lack of relations to other things".1 Having long hair is an intrinsic property; having a long-haired brother is not. Intuitive as this notion is (and valuable in doing philosophy, I might add), it seems to resist analysis. Analysis, that is, (...) to “quasi-logical” notions such as necessity, spatiotemporal location: using stronger tools, Lewis has given an analysis of intrinsicality that I take to be roughly correct. Lewis initially described intrinsic properties in his 1983 paper "Extrinsic Properties" as follows. (shrink)

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

I argue that property dualists cannot hold that minds are physical substances. The focus of my discussion is a property dualism that takes qualia to be sui generis features of reality.

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of (...) private property presupposed by that question is a product of the entity it is supposed to help legitimise: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language, and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique. (shrink)

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

A framework for representing a specific kind of emergent property instance is given. A solution to a generalized version of the exclusion argument is then provided and it is shown that upwards and downwards causation is unproblematical for that kind of emergence. One real example of this kind of emergence is briefly described and the suggestion made that emergence may be more common than current opinions allow.

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

All organised bodies are composed of parts, similar to those composing inorganic nature, and which have even themselves existed in an inorganic state; but the phenomena of life, which result from the juxtaposition of those parts in a certain manner, bear no analogy to any of the effects which would be produced by the action of the component substances considered as mere physical agents. To whatever degree we might imagine our knowledge of the properties of the several ingredients of a (...) living body to be extended and perfected, it is certain that no mere summing up of the separate actions of those elements will ever amount to the action of the living body itself. (shrink)

This paper puts forward the hypothesis that the distinctive features of quantum statistics are exclusively determined by the nature of the properties it describes. In particular, all statistically relevant properties of identical quantum particles in many-particle systems are conjectured to be irreducible, ‘inherent’ properties only belonging to the whole system. This allows one to explain quantum statistics without endorsing the ‘Received View’ that particles are non-individuals, or postulating that quantum systems obey peculiar probability distributions, or assuming that there are primitive (...) restrictions on the range of states accessible to such systems. With this, the need for an unambiguously metaphysical explanation of certain physical facts is acknowledged and satisfied. (shrink)

Properties and objects are everywhere, but remain a philosophical mystery. Douglas Ehring argues that the idea of tropes--properties and relations understood as particulars--provides the best foundation for a metaphysical account of properties and objects. He develops and defends a new theory of trope nominalism.

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

It is becoming increasingly clear that the deepest problems currently exercising philosophers of mind arise from an ill-begotten ontology, in particular, a mistaken ontology of properties. After going through some preliminaries, we identify three doctrines at the heart of this mistaken ontology: (P) For each distinct predicate, “F”, there exists one, and only one, property, F, such that, if “F” is applicable to an object a, then “F” is applicable in virtue of a’s being F. (U) Properties are universals, (...) not particulars. (D) Every property is either categorical or dispositional, but not both. We show how these doctrines influence current philosophical thinking about the mind, suggest and defend an alternative conception of properties, and indicate how this conception provides answers to two puzzles besetting contemporary philosophy of mind: the problem of mental causation and the problem of qualia. (shrink)

The homeostatic property cluster theory is widely influential for its ability to account for many natural-kind terms in the life sciences. However, the notion of homeostatic mechanism has never been fully explicated. In 2009, Carl Craver interpreted the notion in the sense articulated in discussions on mechanistic explanation and pointed out that the HPC account equipped with such notion invites interest-relativity. In this paper, we analyze two recent refinements on HPC: one that avoids any reference to the causes of (...) the clustering of properties and one that replaces homeostatic mechanisms with causal networks represented by causal graphs. We argue that the former is too slender to account for some inductive inference in science and the latter, thicker account invites interest-relativity, as the original HPC does. This suggests that human interest will be an un-eliminative part of a satisfactory account of natural kindness. We conclude by discussing the implication of interest-relativity to the naturalness, reality, or objectivity of kinds and indicating an overlooked aspect of natural kinds that requires further studies. (shrink)

Intrinsic properties are those which cannot be had or lacked in virtue of other things. Being a square is intrinsic, in this sense, whereas being next to a square is not. But what, exactly, counts as an “other thing” in this context? As it turns out, this is a surprisingly difficult question. I provide a critical assessment of three existing proposals (in terms of identity, mereology, and ontology), before developing my own, alternative account. Along the way, we highlight ways in (...) which this project intersects with other philosophical issues, including debates over the nature of existence, the essentiality of origins, and the truth of priority monism. (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)

It seems natural to adopt a historical approach when it comes to property titles: When property titles have a clean history, they are to be respected as a matter of justice; when they do not have a clean history, for example, in cases of prior theft, they must be returned to the original owners or their descendants. But the historical approach has serious drawbacks. This paper presents an alternative. Starting from the idea that property rights must be (...) stable, we offer an account of why historic injustices sometimes do, but sometimes do not, undermine current titles. This account offers a standard of better or worse claims, and maintains that current titles are not undermined unless there are contestants who can put forward comparatively better claims. (shrink)

The fact that you see some particular object seems to be due to the causal relation between your visual experience and that object, rather than to your experiences’ phenomenal character. On the one hand, whenever some phenomenal element of your experience stands in the right sort of causal relation to some object, your experience presents that object (your experience’s phenomenology doesn’t need to match that object). On the other hand, you can’t have a perceptual experience that presents some object unless (...) you stand in the right sort of causal relation to that object (no matter how closely your experience’s phenomenology matches some object). According to the continuity thesis, property perception is similar to object perception in these two respects. A standard reason to reject the continuity thesis is the assumption that the environmental properties that a perceptual experience presents are determined by its phenomenal properties (which are not determined by the environmental properties that cause the experience). I maintain that the continuity thesis is false but for a different reason: perceptual experiences present both objects and properties via manners of presentation; but, whereas perceptual manners of presentation for objects are purely relational, perceptual manners of presentation for properties are satisfactional. (shrink)

Two grams mass, three coulombs charge, five inches long – these are examples of quantitative properties. Quantitative properties have certain structural features that other sorts of properties lack. What are the metaphysical underpinnings of quantitative structure? This paper considers several accounts of quantity and assesses the merits of each.

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

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

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

A comprehensive analysis of the theories of property developed by four key figures in classical German philosophy that explores such central questions as the nature of property, what specific forms of property are justifiable and whether property rights ought to be respected or limited in the name of freedom.

Intellectual property theory grapples with intriguing questions about the political and personal significance of our mental labour and creativity, the metaphysics of art and expression, the justifications for private property, and conflicts between property and free expression rights. This chapter begins with an introduction to the nature of intellectual property, comparing intellectual property to physical property. It continues with an overview of some arguments for, and criticisms of, the legal protection of intellectual property, (...) and concludes with some ethical issues about illegal downloading. (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)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is (...) weaker than the correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

Recent discussions of mental causation have focused on three principles: (1) Mental properties are (sometimes) causally relevant to physical effects; (2) mental properties are not physical properties; (3) every physical event has in its causal history only physical events and physical properties. Since these principles seem to be inconsistent, solutions have focused on rejecting one or more of them. But I argue that, in spite of appearances, (1)–(3) are not inconsistent. The reason is that 'properties' is used in different senses (...) in the principles. In (1) and (3), 'properties' should be read as 'tropes' (properties here are particulars), while in (2) 'properties' should read as 'types' (properties here are universals or classes). Although mental types are distinct from physical types, every mental trope is a physical trope. This allows mental properties to be causally relevant to physical effects without violating the closed character of the physical world. (shrink)

Intellectual property (IP) law is designed to protect the ownership of ideas and stimulate innovation, yet pervasive non‐compliance suggests a deep divide between legal mandates and public moral intuitions. We argue that this divergence is primarily driven by the fact that moral intuitions about IP are driven by reputation misattribution—situations in which rightful creators are denied due credit while undeserving parties receive undue recognition. In Study 1, we experimentally manipulate key dimensions of reputation misattribution within plagiarism scenarios and find (...) that even subtle changes in reputation misallocation lead to significant shifts in moral judgment. In Study 2, we extend these findings to a range of IP‐related contexts, including pseudonymous publication, ghostwriting, and AI‐generated content, demonstrating that reputation misallocation consistently predicts moral evaluations regardless of the legal status of the act. These results clarify why some IP violations are condemned more harshly or excused more readily than the law would suggest and highlight the potential for aligning legal frameworks with intrinsic moral expectations rooted in reputational fairness to enhance compliance and legitimacy in IP governance. (shrink)

From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from (...) neoclassicism. It traces roots of such ideas in some fascinating and largely forgotten strands of the history of economics. It draws attention to the question of "responsibility" which neoclassicism has utterly lost sight of. It is startlingly fresh in its overall approach, and unusually well written in its presentation. ... It constitutes a better case for its economic democracy viewpoint than anything else in the literature." . (shrink)

Our prominent definitions of cognition are too vague and lack empirical grounding. They have not kept up with recent developments, and cannot bear the weight placed on them across many different debates. I here articulate and defend a more adequate theory. On this theory, behaviors under the control of cognition tend to display a cluster of characteristic properties, a cluster which tends to be absent from behaviors produced by non-cognitive processes. This cluster is reverse-engineered from the empirical tests that comparative (...) psychologists use to determine whether a behavior was generated by a cognitive or a non-cognitive process. Cognition should be understood as the natural kind of psychological process that non-accidentally exhibits the properties assessed by these tests (as well as others we have not yet discovered). Finally, I review two plausible neural accounts of cognition's underlying mechanisms?one based in localization of function to particular brain regions and another based in the more recent distributed networks approach to neuroscience?which would explain why these properties non-accidentally cluster. While this notion of cognition may be useful for a number of debates, I here focus on its application to a recent crisis over the distinction between cognition and association in comparative psychology. (shrink)

This paper defines relational properties and argues for their reducibility in a, broadly speaking, Armstrongian framework of state of affairs ontology and truthmaking. While Armstrong’s own characterisation and reduction of them arguably is the best one available in the literature of this framework, it suffers from two main problems. As will be shown, it neither defines relational properties very clearly (if at all), nor provides an adequate conception of their reduction. This paper attempts to remedy this situation in four steps. (...) First, it introduces relational properties and why they matter in metaphysics in general. Second, by briefly comparing and contrasting them with extrinsic properties, and by briefly mapping them onto a tripartite division of relations, the particular kinds of relevant relational properties are identified. Third, it classifies relational properties and thereby makes possible an apt definition of them. Finally, using the notion of truthmaking, it outlines a more satisfactory case for their reduction. (shrink)

Do properties have intrinsic properties of their own? If so, which second-order properties are intrinsic? This paper introduces two competing views about second-order intrinsicality: generalism, according to which the intrinsic–extrinsic distinction cuts across all orders of properties and applies to the properties of properties as well as the properties of objects, and objectualism, according to which intrinsicality is a feature exclusive to the properties of objects. The case for generalism is then surveyed along with some proposals for distinguishing intrinsic second-order (...) properties from extrinsic ones. After addressing these broad questions about the nature of second-order intrinsicality, the Problem of Accidental Intrinsic Properties of Properties is introduced and put to work as a case study for the significance of second-order intrinsicality. The connection between this problem and the metaphysics of quantitative properties is then examined. (shrink)