Self-Ownership, Property, and Moral Desert
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In Defense of Self-Determination
In Defense of Self-Determination Daniel Philpott Ethics, Vol. 105, No. 2. (Jan., 1995), pp. 352-385. Stable URL: http://links.jstor.org/sici?sici=0014-1704%28199501%29105%3A2%3C352%3AIDOS%3E2.0.CO%3B2-B Ethics is currently published by The University of Chicago Press. Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/about/terms.html. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/journals/ucpress.html. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact [email protected]. http://www.jstor.org Fri Mar 28 02:06:01 2008 In Defense of Self-Determination* Daniel Philpott INTRODUCTION Thinking back upon the fracas over self-determination at the 1919 Conference at Versailles, former Secretary of State Robert Lansing re- corded that the concept was "loaded with dynamite. -
Rossian Moral Pluralism: a (Partial) Defense
Georgia State University ScholarWorks @ Georgia State University Philosophy Theses Department of Philosophy 6-9-2006 Rossian Moral Pluralism: A (Partial) Defense Angela J. Desaulniers Follow this and additional works at: https://scholarworks.gsu.edu/philosophy_theses Part of the Philosophy Commons Recommended Citation Desaulniers, Angela J., "Rossian Moral Pluralism: A (Partial) Defense." Thesis, Georgia State University, 2006. https://scholarworks.gsu.edu/philosophy_theses/5 This Thesis is brought to you for free and open access by the Department of Philosophy at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Philosophy Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. ROSSIAN MORAL PLURALISM: A (PARTIAL) DEFENSE by ANGELA J DESAULNIERS Under the Direction of Andrew Altman ABSTRACT Rossian moral pluralism’s rejection of a founding moral principle and use of ‘prima facie duties’ as opposed to absolute duties makes it unique from most other major ethical theories. It has been attacked in a myriad of different ways because of this. Brad Hooker has proposed two objections based on these ideas. The first is that moral pluralism is lacking justification because of its rejection of a founding moral principle. The second is that because of this, and its lack of absolute duties, moral pluralism is an indeterminate theory. In this paper I will look at Hooker’s objections as well as two responses that have been proposed as solutions. Having shown these solutions to be insufficient I will then propose a way to look at Ross’ moral pluralism that saves it from Hooker’s objections and clearly lays out Ross’ understanding of how we should deliberate about moral matters. -
On the Fulfillment of Moral Obligation
ON THE FULFILLMENT OF MORAL OBLIGATION Michael J. Zimmerman Department of Philosophy, University of North Carolina at Greensboro [email protected] ABSTRACT: This paper considers three general views about the nature of moral obligation and three particular answers (with which these views are typically associated) concerning the following question: if on Monday you lend me a book that I promise to return to you by Friday, what precisely is my obligation to you and what constitutes its fulfillment? The example is borrowed from W.D. Ross, who in The Right and the Good proposed what he called the Objective View of obligation, from which he inferred what is here called the First Answer to the question. In Foundations of Ethics Ross repudiated the Objective View in favor of the Subjective View, from which he inferred a Second Answer. In this paper the Objective and Subjective Views and the First and Second Answers are each rejected in favor of the Prospective View and a Third Answer. The implications of the Prospective View for another question closely related to the original question are then investigated: what precisely is your right regarding my returning the book and what constitutes its satisfaction? 1 PrintedPrinted from: from: HommageHomage Hommage à àWlodek. àWlodek. Wlodek. Philosophical Philosophical Philosophical Papers Pape Papers Dedicatedrs Dedicated Dedicated to to Wlodek to Wlodek Wlodek Rabinowicz. Rabinowicz. Rabinowicz. Eds. Eds. Ed. T. T. Rønnow-Rasmussen, Rønnow-Rasmussen, B. B. Petersson, Petersson, J.J. J.Josefsson Josefsson -
CREATING an AMERICAN PROPERTY LAW: ALIENABILITY and ITS LIMITS in AMERICAN HISTORY Claire Priest
CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY Claire Priest Contact Information: Northwestern University School of Law 357 East Chicago Ave. Chicago, IL 60611 Phone: (312) 503-4470 Email: [email protected] Acknowledgements: ∗Associate Professor of Law, Northwestern University School of Law. B.A., J.D., Ph.D. Yale University. I would like to thank James McMasters of Northwestern’s Law Library for his help in finding copies of many of the primary sources used to write this Article. For extremely valuable comments and suggestions, I would like to thank Bernard Bailyn, Stuart Banner, Kenworthey Bilz, Charlotte Crane, David Dana, Michele Landis Dauber, Christine Desan, Tony A. Freyer, Morton J. Horwitz, Daniel Hulsebosch, Stanley N. Katz, Daniel M. Klerman, Naomi Lamoreaux, Charles W. McCurdy, Edmund S. Morgan, Janice Nadler, Sarah Pearsall, Dylan Penningroth, George L. Priest, Richard J. Ross, Emma Rothschild, Dhananjai Shivakumar, Kenneth L. Sokoloff, Vicky Saker Woeste, Gavin Wright and the seminar participants at Northwestern University School of Law’s Faculty Workshop, Stanford Law School’s Faculty Workshop, UCLA’s Legal History Colloquium and Economic History Workshop, NYU’s Legal History Colloquium, the University of Florida Fredric G. Levin College of Law’s Faculty Workshop, the Chicago Legal History Seminar, the American Society for Legal History’s Annual Meeting, the University of Illinois College of Law’s Faculty Workshop, the Omohundro Institute of Early American History’s Annual Conference, and Harvard University’s Conference on Atlantic Legalities. The Julius Rosenthal Fund at Northwestern University School of Law provided generous research support. CREATING AN AMERICAN PROPERTY LAW: ALIENABILITY AND ITS LIMITS IN AMERICAN HISTORY This Article analyzes an issue central to the economic and political development of the early United States: laws protecting real property from the claims of creditors. -
Self-Ownership and Property in the Person: Democratization and a Tale of Two Concepts*
The Journal of Political Philosophy: Volume 10, Number 1, 2002, pp. 20±53 Self-Ownership and Property in the Person: Democratization and a Tale of Two Concepts* CAROLE PATEMAN Political Science, University of California at Los Angeles Democracy is at war with the renting of human beings, not with private property. David Ellerman URING the 1990s a number of political philosophers turned their attention Dto the concept of self-ownership. Much of the discussion is critical of libertarianism,1 a political theory that goes hand-in-hand with neo-liberal economic doctrines and global policies of structural adjustment and privatization. Attracta Ingram's A Political Theory of Rights and G. A. Cohen's Self-Ownership, Freedom, and Equality are devoted to such criticism Uand I shall focus much of my argument on their books2). The consensus among most participants in the debate is that self-ownership is merely a way of talking about autonomy, but Ingram and Cohen go against the tide by arguing that the idea is inimical to autonomy and that an alternative is needed. In The Sexual Contract I am also critical of libertarianism, and my conclusion is similar to Ingram's and Cohen's. I argue that the idea of property in the person must be relinquished if a more free and democratic social and political order is to be created. However, despite some common concerns, there are very few points at which my work and that of Cohen and Ingram, or of most contributors to the current debates about self-ownership, come together. In large part this is because property in the person, not self-ownership, is central to my analysis. -
Proportionality As a Constitutional Doctrine Author(S): Dimitrios Kyritsis Source: Oxford Journal of Legal Studies , Summer 2014, Vol
Whatever Works: Proportionality as a Constitutional Doctrine Author(s): Dimitrios Kyritsis Source: Oxford Journal of Legal Studies , Summer 2014, Vol. 34, No. 2 (Summer 2014), pp. 395-415 Published by: Oxford University Press Stable URL: http://www.jstor.com/stable/24562824 JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms Oxford University Press is collaborating with JSTOR to digitize, preserve and extend access to Oxford Journal of Legal Studies This content downloaded from 152.3.102.254 on Wed, 24 Jun 2020 17:35:21 UTC All use subject to https://about.jstor.org/terms Oxford Journal of Legal Studies, Vol. 34, No. 2 (2014), pp. 395-415 doi:10.1093/ojls/gqt033 Published Advance Access January 13, 2014 Whatever Works: Proportionality as a Constitutional Doctrine* Dimitrios Kyritsis ie* Abstract—In The Global Model of Constitutional Rights Kai Möller claims that the proportionality test is underlain by an expansive moral right to autonomy. This putative right protects everything that advances one's self-conception. It may of course be limited when balanced against other considerations such as the rights of others. But it always creates a duty on the state to justify the limitation. -
Journal of Agribusiness and Rural Development
Journal of Agribusiness pISSN 1899-5241 eISSN 1899-5772 and Rural Development www.jard.edu.pl 4(34) 2014, 159-171 PERPETUAL USUFRUCT OF AGRICULTURAL LANDS – SELECTED LEGAL AND FINANCIAL ISSUES Aneta Suchoń Adam Mickiewicz University in Poznań Abstract. The article makes an attempt to determine whether the legal regulations provide a perpetual lessee with, first of all, stable conditions to hold agricultural lands and to run a business activity on these lands and, second of all, whether the regulations make it easi- er for perpetual lessees to acquire the right to own the lands they possess. The first part of the article concentrates on the legal nature of perpetual usufruct as well as the rights and financial obligations of a perpetual lessee. Then, the paper focuses on the transformation of perpetual usufruct into the right of ownership and the expiry of perpetual usufruct. Next, the article analyses the issue of a perpetual lessee as an agricultural producer. At the end, the Author states that perpetual lessee possesses a wide range of rights and can freely run an agricultural activity on agricultural lands. The legislator has acknowledged perpet- ual usufruct, along with the most popular forms of holding lands such as ownership and lease, to be a stable element of rural relations. Thus, a perpetual lessee can be granted the European funds, agricultural tax reliefs and insurance in KRUS. Key words: perpetual usufruct, agricultural lands, agricultural activity, EU funds INTRODUCTION For each agricultural producer it is essential to possess lands in an autonomous and stable way in order to ensure uninterrupted course of an agricultural activity. -
American Law Institute Cle Eminent Domain and Land Valuation Litigation Keynote Address: “Property Rights: Foundation for a Free Society”
AMERICAN LAW INSTITUTE CLE EMINENT DOMAIN AND LAND VALUATION LITIGATION KEYNOTE ADDRESS: “PROPERTY RIGHTS: FOUNDATION FOR A FREE SOCIETY” PALM SPRINGS, CALIFORNIA JANUARY 24, 2019 KEYNOTE ADDRESS SPEAKER W. Taylor Reveley, III, President Emeritus of William & Mary, and John Stewart Bryan Professor of Jurisprudence Emeritus at William & Mary Law School* Friends, let’s think back to September 1787. Our country’s Consti- tutional Convention was nearing its end in Philadelphia when a formidable woman encountered Benjamin Franklin, a delegate to the Convention.1 She braced him with this question: “Well[,] Doctor[,] what have we got[,] a republic or a monarchy[?]”2 The wise, old, battle- tested Franklin replied simply: “A republic . if you can keep it.”3 So, friends, we have a republic if we can keep it. We have a free so- ciety if we can keep it. Just what role do property rights—the freedom to acquire and govern our assets—play in nurturing our republic and our society? It is the rare American these days who doesn’t feel that our coun- try’s civic life and democratic institutions have gotten pretty ragged, and our political and social fabric dangerously frayed. This feeling runs across the political and cultural spectrum from citizens who find Donald Trump and Fox News the “be all and end all” to those who sit at the feet of Nancy Pelosi or Bernie Sanders, aided and abetted by CNN and MSNBC. Perhaps the citizens most concerned about the sad state of our political and social fabric are those who fall be- tween these two poles, hoping everyone will take a deep breath, cool the invective, and get on with the work at hand. -
The Essential JOHN STUART MILL the Essential DAVID HUME
The Essential JOHN STUART MILL The Essential DAVID HUME DAVID The Essential by Sandra J. Peart Copyright © 2021 by the Fraser Institute. All rights reserved. No part of this book may be reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles and reviews. The author of this publication has worked independently and opinions expressed by him are, therefore, his own, and do not necessarily reflect the opinions of the Fraser Institute or its supporters, directors, or staff. This publication in no way implies that the Fraser Institute, its directors, or staff are in favour of, or oppose the passage of, any bill; or that they support or oppose any particular political party or candidate. Printed and bound in Canada Cover design and artwork Bill C. Ray ISBN 978-0-88975-616-8 Contents Introduction: Who Was John Stuart Mill? / 1 1. Liberty: Why, for Whom, and How Much? / 9 2. Freedom of Expression: Learning, Bias, and Tolerance / 21 3. Utilitarianism: Happiness, Pleasure, and Public Policy / 31 4. Mill’s Feminism: Marriage, Property, and the Labour Market / 41 5. Production and Distribution / 49 6. Mill on Property / 59 7. Mill on Socialism, Capitalism, and Competition / 71 8. Mill’s Considerations on Representative Government / 81 Concluding Thoughts: Lessons from Mill’s Radical Reformism / 91 Suggestions for Further Reading / 93 Publishing information / 99 About the author / 100 Publisher’s acknowledgments / 100 Supporting the Fraser Institute / 101 Purpose, funding, and independence / 101 About the Fraser Institute / 102 Editorial Advisory Board / 103 Fraser Institute d www.fraserinstitute.org Introduction: Who Was John Stuart Mill? I have thought that in an age in which education, and its improvement, are the subject of more, if not of profounder study than at any former period of English history, it may be useful that there should be some record of an education which was unusual and remarkable. -
Handbook for New Jersey Assessors
Handbook For New Jersey Assessors PHIL MURPHY, Governor ELIZABETH MAHER MUOIO, State Treasurer Issued by Property Administration – Local Property Division of Taxation – Department of the Treasury State of New Jersey Trenton, New Jersey Revised April 2021 April 2021 April 2021 April 2021 April 2021 New Jersey Property Taxpayers’ Bill of Rights P.L. 2017, c.128 N.J.S.A. 54:1-2.1 Overview The Property Taxpayers’ Bill of Rights ensures that: 1. All property taxpayers are accorded the basic rights of fair and equitable treatment under the State Constitution and laws of New Jersey; 2. All property taxpayers receive the information and assistance they need to understand and meet their property tax responsibilities. Services to Property Taxpayers As a property taxpayer, you have the right to obtain information explained in simple, nontechnical terms about: Your responsibilities and rights as a property owner and property taxpayer; Your real property assessment and how it is determined and calculated; Your right to appeal and how to appeal an assessment you believe is incorrect as to your property or as to another property in the same county and the time limits involved; Your right, in the context of a property tax appeal, to view the property record card of other real property in the municipality. Responsiveness You have the right to expect questions will be responded to within a reasonable amount of time. Statements and Notices You have the right to expect all notices you receive will clearly identify the purpose of the communication and the proper procedure when responding. For More Information Many Local Property Tax forms and publications are available on the Division of Taxation’s website at: www.state.nj.us/treasury/taxation/. -
The Right to Privacy? Andrew Koppelman
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Chicago Law School: Chicago Unbound University of Chicago Legal Forum Volume 2002 Article 6 2002 The Right to Privacy? Andrew Koppelman Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Koppelman, Andrew (2002) "The Right to Privacy?," University of Chicago Legal Forum: Vol. 2002, Article 6. Available at: http://chicagounbound.uchicago.edu/uclf/vol2002/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. The Right to Privacy? Andrew Koppelman Laws that discriminate against gay people discriminate on the basis of sex. If Lucy may marry Fred, but Ricky may not marry Fred, then (assuming that Fred would be a desirable spouse for either) Ricky is suffering legal disadvantage because of his sex. Moreover, such laws depend on and reinforce the subor- dination of women. I have argued for years that this is the princi- pal constitutional defect with such laws.1 I have not, however, said very much about the comparative part of this claim, and in- stead have emphasized the strengths of the sex discrimination argument. The conventional wisdom, on the other hand, is that the appropriate starting point for any discussion of the legal rights of gay people is the idea that certain private matters are none of the law's business.! Certainly this has been, for a long time, the most commonly made argument for the legal equality of gay people. -
Philosophy Department Spring 2001 Electives
http://fmwww.bc.edu/pl/courses/spring2001.html Philosophy Department Spring 2001 Electives PL 202 01 Housing and Reality Harry Gottschalk W 3-5 Level - 1 This course is an in-depth analysis of urban housing conditions that views housing sites within the city and involves research into the causes of historical, architectural, governmental, financial and neighborhood action to maintain and/or create alleviation of the deepening housing crisis in our society. Requirements: A reflection paper is required on each lecture and class discussion which will be due the following class. A final paper will be required at the termination of the semester. There will be a tour of the city of Boston neighborhoods for all the students at the close of this course. Readings: Jacobs, Jane, The Death and Life of Great American Cities; Doxiadis, C.A., Anthropolis: City for Human Development; Sennett, Richard, The Uses of Disorder PL 216 01 Boston: An Urban Analysis David Manzo Th 3-5:30 Level - 1 "Intuition alone is never enough to explain what you see. One must learn to trust intuition but also to pursue its leads: to follow hints from peripheral vision but always to dig beyond first impressions; to see through a scene and its many processes, but also to see through it in time to understand how it came to be, and to guess more skillfully at what I might become." Grady Clay, How to Read the American City "In our American cities, we need all kinds of diversity." Jane Jacobs, Death and Life of American Cities This course is intended for Pulse students who are willing to investigate, analyze, and understand the history, problems, and prospects of Boston neighborhoods.