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Philosophy in the Contemporary World

Volume 12
The Ownership of Common Goods

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1. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Ronald Sandler Private Ownership and Common Goods
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2. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Murray Hofmans-Sheard Preserving Common Rights Within Private Property: A Lockean Reconciliation
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I develop an account of private property that preserves public participation and access. A focus on the initial state of common ownership, labour, and the proviso reveals that standard Lockean defences of property ignore important common interests. In consequence, property rights over environmentally significant goods must be less strong than full liberal rights, and I show how these will be designed.
3. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Stephen Nathanson John Stuart Mill on the Ownership and Use of Land
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My aim in this paper is to describe some of John Stuart Mill’s views about property rights in land and some implications he drew for public policy. While Mill defends private ownership of land, he emphasizes the ways in which ownership of land is an anomaly that does not fit neatly into the usual views about private ownership. While most of MiII’s discussion assumes the importance of maximizing the productivity of land, he anticipates contemporary environmentalists by also expressing concerns about excessive exploitation of land for productive use. I extrapolate from these remarks to suggest changes that Mill might have favored regarding ownership rights ina world in which people aimed to decrease productivity. And, I suggest, it is a virtue of utilitarianism that it so readily supports changes in important principles when circumstances change significantly.
4. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Michael Monahan Private Property and Public Interest
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In this paper I explore the limitations of liberal political theory in relation to the notions of public property and public interest. I argue that the fundamentally atomistic and individualistic ontological foundations of the liberal tradition preclude any coherent notion of public goods and public interest.
5. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
John Hadley Excluding Destruction: Towards an Environmentally Sustainable Libertarian Property Rights Regime
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In this paper I argue that the potentially environmentally destructive scope of a libertarian property rights regime can be narrowed by applying reasonable limits to those rights. I will claim that excluding the right to destroy from the libertarian property rights bundle is consistent with self-ownership and Robert Nozick’s interpretation of the Lockean proviso.
6. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
David K. Chan Should Human Genes Be Patented?
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Is genetic technology a special case, for which patents are inappropriate? I discuss concerns about commodification of human genes that are the common heritage of humankind. Genetic technology has the potential to irreversibly change the basis of our humanity. Public ownership of genetic technology is a democratic alternative to patenting.
7. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Robert Streiffer An Ethical Analysis of Ojibway Objections to Genomics and Genetics Research on Wild Rice
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I analyze Ojibway objections to genomics and genetics research on wild rice. Although key academic and industry participants in this research have dismissed their objections out of hand, my analysis supports the conclusion that the objections merit serious consideration, even by those who do not share the Ojibway’s religious beliefs.
8. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Eric Palmer The Balance of Sovereignty and Common Goods Under Economic Globalization
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Common goods and political sovereignty of nation-states are intertwined, since without government the orderly treatment of common goods would be unlikely. But large corporations, especially global multinationals, reshape and restrict national sovereignty through economic forces. Consequently, corporations have specific social responsibilities. This article articulates those responsibilities as they pertain to managing common goods.
9. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Lawrence Lengbeyer Altering Artworks: Creators’ Moral Rights vs. The Public Good
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The grounds for recognizing that artists possess a personal “moral right of integrity” that would entitle them to prevent others from modifying their works are weak. There is, however, an important (and legislation-worthy) public interest in protecting highly-valued entities, including at least some works of art, from permanently destructive transformations.
10. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Julie van Camp The Unbearable Erosion of Common Goods: Copyright Extension and Eldred V. Ashcroft
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I identify issues of philosophical concern in Eldred v. Ashcroft, the U.S. Supreme Court’s decision on copyright extension, and encourage the participation of philosophers in these public policy debates. Philosophers have contributions to make to the dialogue not captured exclusively by the technical and often narrow legal debate in the courts.
11. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Cynthia Townley, Mitch Parsell The Cost of a Common Good: Putting a Price on Spam
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Common goods are notoriously vulnerable to destructive overuse. Indeed, certain online activities, such as spam, can jeopardize the very existence of the Internet. We defend an account of the net as a common good that provides the grounds for assessing various strategies for spam reduction.
12. Philosophy in the Contemporary World: Volume > 12 > Issue: 2
Catharine Abell The Public Cost of Private Ownership of Artworks
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I argue that artworks are of public value because aesthetic experience of them contributes to the development of our aestheticjudgement. I use two accounts of aesthetic judgement to explore how it might do so and how the private ownership of artworks could affect the development of our aesthetic judgement.
13. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Michael McKenna Introduction
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14. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Peter Lamarque Object, Work, and Interpretation
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The paper offers an overview of, and critical comments on, Michael Krausz’s Limits of Rightness. It focuses on three key aspects of the book’s intellectual framework: the ideals of interpretation, the objects of interpretation, and the ontological commitments of interpretation. The paper discusses how exactly these aspects are related Krausz’s views on constructive realism, in particular its relation to objects of interpretation, become crucial. His comments on Paul Thom’s theory of interpretations provide a context for examining the role of ‘construction’ in objects per se and in works of art and a tripartite distinction between object, work and interpretation is proposed.
15. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Noel E. Boulting In Defence of a ‘Three-Tiered Structure’ Within the Interpretative Process
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An account of what Michael Krausz refers to as “a three tiered structure” within the interpretative process is defended. Starting with the employment of Peircian nomenclature, as employed by Joseph Margolis, artworks and persons - cultural entities - are distinguished from physical entities as tokens of types. But even if culturally emergent entities con be attributed to certain physical atributes in relation to their materiality at the first level of interpretation - the elucidatory - in which such culturally emergent properties are embodied, cultural entities possess certain distinctive Intentional attributes, at a second level of interpretation - thc intentional - not assignable to purely physical properties nor, in the case of artworks such as Van Gogh’s The Potato Eaters, their creator’s intentions. But in order to make sense of Krausz’s notion of “aspectual reverberation” for an individual appreciator, a third level of interpretation is required - the elaborative - in order to make sense of Peirce’s notion not only of the type and token status of a work of art, but its tone, This third elaborative sense of interpretation is then considered in two ways: experientially in terms of what the spectator can bring to an appreciation of an artwork and performatively with respect to an artist’s interpretation of the work in performance, as in dance for example. Possible attacks on this position are then considered.
16. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Philip Benesch Singularism and Multiplism in the Work of Karl Popper
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In this article I argue that Karl Popper embraced a muitiplist approach to ethics, politics, history, and cultural practices. Although Popper combined metaphysical realism with a hermeneutic approach that had the potential to support a multiplist philosophy of science, a commitment to verisimilitude and to the identification of universal laws required him to adopt a singularist approach to natural science. I suggest, therefore, that Michael Krausz’ description of Popper as a singularist should be qualified’ that Popper’s philosophy of natural science may be identified with singularism but that recognition should be afforded to his multiplist approach to other fields.
17. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Arati Barua Schopenhauer and Krausz on Objects of Interpretation
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The paper is intended as a study in the philosophy of interpretation of Michael Krausz in relation to the philosophy of Arthur Schopenhauer. The idea is to throw some new lights on Schopenhauer’s philosophy by critically examining thc works of Schopenhauer in the light of Krausz’s philosophy of interpretation. We shall examine the extent to which Krausz’s philosophy of interpretation could provide a framework of interpretation of the more or less enigmatic parts of constructive realism in Schopenhauer’s The World As Will and Representation and On the Fourfold Root. In particular, I have discussed in my paper the specific problems of (i) bridging the gulf between the object-as-such and the object-of-interpretation in Krausz’s philosophy and (ii) the Will and the Representation in Schopenhauer’s philosophy.
18. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Nancy A. Weston Rightness, Ontology, and the Adjudication of Truth: Modern Legal Thought and the Project of Determining Rightness
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The article reflects upon Michael Krausz’s account of contemporary debates between singularity and pluralism in the determination ofrightness, and uses that occasion to ask after the larger course of which these debates are a part. Looking to the companion effort to determine truth and rightness at law, it finds telling echoes of those debates in the modem history of legal thought, and sketches that history to the end of drawing out its implications for the project at determining rightness more generally. These sobering implications, itsuggests, call us to rethink the question of the relation of rightness to ontology.
19. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Susrut Ray Imputational Interpretation and Evolution of the Self
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The paper develops a view of interpretative cultural practice as a complex system of dynamically changing constituents which stand in definite relations to one another. These constituents are the Object of Interpretation (O), Result of Interpretation or interpretation itself (I), the Process of interpretation (P) and the interpreting Subject (S). It is argued that if such a view as this is adapted, ‘singularism’ as a norm for cultural practices necessarily gives way to ‘multiplism’. Singularism and multiplism are terms used by Michael Krausz in Rightness and Reasons (1993). Krausz also talks of certain interpretative practices as imputational, in the sense that the object of interpretation changes, is ‘imputed upon’ during the course of the practice. This paper contends that all cultural practices are imputalional, for each such practice leaves its effect on the object. Not only does practice affect the object, but it affects the subject too The evolution of the subject, the self, through imputational interpretative cultural practices is explored as a major element in the making of a human individual.
20. Philosophy in the Contemporary World: Volume > 12 > Issue: 1
Manjula Saxena Krausz on Interpretation in Music
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This paper suggests certain differences between the interpretation of Indian classical music and the interpretation of Western classical music. In Indian music the work is constituted in the moment of a recital. The performer is the maker of the music. Accordingly, the performer simultaneously produces a work and interprets it. Further, in the Indian tradition. music is a path of “bhakti yoga,” or a path of devotion.