October 2007

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As I indicated in my comments on an earlier thread about waste, I’ve been working on a paper about Locke’s waste proviso and its application to intellectual property law. Here is (what I hope to be) a pentultimate draft:

Locke, The Waste Proviso, and the Moral Justification of Intellectual Property

It’s long – aside from the usual typo cleanup, one of the main things I’ll be working on before sending it out is concision. Another will be reading and including some of the papers mentioned in the waste thread. In any case, comments are welcome. What follows is the first page or so of the paper, which should serve as an abstract/guide for where I’m going.

ABSTRACT:

Defenders of strong intellectual property rights or of a non-utilitarian basis for those rights often turn to Locke for support. Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually result in a substantially limited rights regime. Second, the attempt to understand intellectual property as an instance of Lockean property, though admittedly anachronistic, offers an opportunity to further our understanding of Locke’s own thought. My major claim will thus be twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke’s provisos – specifically the widely neglected spoilage proviso – would sharply limit the scope of such entitlements. My secondary claim will be that the spoilage proviso’s neglect is undeserved, and that it deserves a more central place in our understanding of Locke.

The paper proceeds as follows. In the first part, I will examine Locke’s own writings on English print licensing law, which formed the backdrop against which the original copyright statute was developed. In part 2, I attempt to resurrect the spoilage proviso. Part 3 explains why intellectual property would be a paradigm case of Lockean property more broadly. On the basis of the preceding textual work, part 4 attempts a conceptual clarification of waste in Lockean terms, and part 5 applies that analysis to some contemporary intellectual property issues.

I’ve been working on Berlin-style value pluralism lately. I’m particularly concerned with the attempt (made by Galston and Crowder, among others) to derive liberal political commitments from value pluralism. My sense is that value pluralism has no entailments regarding politics. But that’s a topic for another day. I’m writing here to try to get some help on the meaning of a comment by Bernard Williams frequently cited approvingly in the value pluralist literature.

In his introduction to Berlin’s *Concepts and Categories*, Williams claims that “if there are many and competing values, then the greater the extent to which a society tends to be single-valued, the more genuine values it neglects or suppresses. More, to this extent, must mean better.”

Maybe I’m just being thick-headed about this, but I don’t see how “more must mean better,” unless some common measure among values is presupposed; but value pluralists must deny that this kind of common measure exists (the lack of common measure in part explains the incommensurability among values and the unavailability of rational rank-orderings among them). So it seems to me that Williams’ “better” must not mean *morally* better. But if that’s the case, then I don’t see how Williams’ point is of much use to the value pluralist.

Am I missing a natural reading of Williams’ comment that’s both consistent with value pluralism and of use for making the case that value pluralism entails liberalism?

SAF/APA Central: 16-20 April 2008 | CFP: 1 November 2007

The Society for Analytic Feminism invites submissions from members* for a session at the APA Central Division meeting in Chicago from 16-20 April 2008. Read the rest of this entry »

SAF: 4-6 April 2008 | CFP: 1 November 2007

Two more last-minutes CFPs: The Society for Analytic Feminism will hold their second conference from 4-6 April 2008 at the University of Kentucky, Lexington: Read the rest of this entry »

The latest issue of the Journal of Moral Philosophy has just been published and all articles are on the topic of ‘metaethics’. Papers were originally presented at a conference organized by Fabian Freyenhagen at King’s College, Cambridge. The issue can be found here. The contents are as follows:

Notes on contributors

Fabian Freyenhagen, ‘Editorial’, Journal of Moral Philosophy 4(3) (2007): 310.

Russ Shafer-Landau, ‘Moral and Theological Realism: The Explanatory Argument’, Journal of Moral Philosophy 4(3) (2007): 311-29.

Michael Ridge, ‘Anti-Reductionism and Supervenience’, Journal of Moral Philosophy 4(3) (2007): 330-48.

John Broome, ‘Does Rationality Consist in Responding Correctly to Reasons?’ Journal of Moral Philosophy 4(3) (2007): 349-74.

Alison Hills, ‘Practical Reason, Value and Action’, Journal of Moral Philosophy 4(3) (2007): 375-92.

Onora O’Neill, ‘Normativity and Practical Judgement’, Journal of Moral Philosophy 4(3) (2007): 393-405.

Thomas Pink, ‘Normativity and Reason’, Journal of Moral Philosophy 4(3) (2007): 406-31.

Referees for volume 4

My thanks again to Hallvard Lillehammer, King’s College, Cambridge’s Faculty of Philosophy, and, most especially, Fabian for organizing such a terrific conference.

SAP: 4-6 July 2008 | CFP: 7 December 2007The Society for Applied Philosophy 2008 Annual Conference will be hosted by the Manchester Centre for Political Theory (MANCEPT) at the University of Manchester from 4-6 July 2008. Submissions are welcome on any area of applied philosophy, although the conference has a jus post bellum sub-theme. Keynote speakers include Jeff McMahan, C.A.J. Coady, Gary Bass, and George Sher. Abstracts of 300 words should be submitted by 7 December 2007. A prize will be awarded for the best postgraduate student paper.Follow the links for more details. Comments are open if anyone wants to add information about MANCEPT or past Society for Applied Philosophy conferences.

Stanford: 08-09 Post-Doc | Deadline: 10 January 2008

The Center on Ethics and the Program on Global Justice seek four post-doctoral fellows for 2008-09. We welcome candidates with substantial normative research interests from diverse backgrounds including philosophy, the social sciences, and professional schools. One of the fellowships will be housed entirely in the Program in Global Justice, and one will be jointly sponsored by the Center and Program: candidates for these positions should additionally have research interests in international topics. Two fellowships will be housed entirely within the Center on Ethics. Fellows will teach one class (typically a seminar), participate in the Political Philosophy and/or Global Justice Workshops, and help in developing an inter-disciplinary ethics community across the campus. Salary is competitive. Appointment is for one year, but may be renewed for an additional year. Applications should be received by January 10. Applicants should send a cover letter, CV, three letters of recommendation and a short writing sample (about 25 pages) to: Post-doctoral Fellowship Committee, Department of Philosophy, Stanford University, Stanford, CA 94305-2155. Stanford is an equal opportunity, affirmative action employer.

ECPR: 11-16 April 2008 | CFP: 1 December 2007

The European Consortium for Political Research (ECPR) will be having its joint sessions April 11-16, 2008, at the University of Rennes, France. The joint sessions are a series of concurrent week-long workshops, each with about 20 participants and focused on a very specific topic in political science. Occasionally a more theory-oriented workshop is included during the joint sessions. Looking over this year’s list of workshops, a few of them seem theory-friendly. Applications to participate in the workshops are due December 1, 2007. I believe that your chances of getting accepted are much lower if your institution is not a member of the ECPR, but perhaps the workshop directors will know more about that. I participated in one of these workshops this past May and found it a very valuable experience.

CPA: 2-5 June 2008 | CFP: 13 January 2008

The deadline for submission of papers (and proposals for symposia, round tables, and workshops) for the Canadian Philosophical Association meeting, to be held at the University of British Columbia from 2-5 June 2008, is 13 January 2008. Papers should be emailed to the Executive Director by midnight on that date. Relevant disciplines include social and political philosophy, philosophy of law, feminist philosophy, and ethics. Submitters must be current members of the CPA. For more details, download the flyer.

We’ve been noticed. See Leiter.

Also the Garden. And, of course, Levy and Brooks. And, as Simon notes, Solum.

And now Al’s notepad , Dinner Table Donts, and Balkinization.

We’ve also been added to several other Blogrolls. Pretty good, I think.

CREUM: May 2008 | CFP: 20 October 2007Via Jacob T. Levy’s academic announcements:The Centre for Research in Ethics at the University of Montreal (CREUM) is hosting a conference and subsequent workshop on the ideal of state neutrality towards conceptions of the good life in May 2008.”This call for papers is addressed to graduate students and junior researchers interested in presenting their work on neutrality in this workshop.”The deadline for submission of 300-500 word proposals for the workshop is this Saturday, 20 October 2007. Follow the link for more details or click below.If anyone knows of any other conferences or calls for papers of interest to political philosophers, please post. Read the rest of this entry »

ALSP: 27-29 March 2008 | CFP: 30 November 2007

The Association of Legal and Social Philosophy 2008 Conference will be held at the University of Nottingham from 27 to 29 March 2008. The conference theme is Global Justice. The deadline for abstracts and panel proposals is 30 November 2007. The deadline for complete paper submission is 1 March 2008. The plenary speakers are Margaret Moore, Queens University, Ontario; Stephen Gardiner, University of Washington; and Kok-Chor Tan, University of Pennsylvania.

BSET: 14-16 July 2008 | CFP: 7 December 2007

Via Lawrence Solum, a conference which should be of interest to many political philosophers:

The call for papers for the British Society for Ethical Theory 2008 Conference in Edinburgh (14-16 July 2008) closes on 7 December 2007.

“The subject area is open within metaethics and normative ethics. Papers on topics in applied ethics or the history of ethics may also be considered provided they are also of wider theoretical interest.”

Follow the links for more. Papers should be emailed to Elinor Mason. If anyone would like to say something about past BSET conferences, the comments are open.

Hi Folks.

This is my first post here and I hope I am playing it right.

I noticed recently that people are not writing much on the right or obligation to revolution anymore. At first this seemed to be because those who advocate revolution seem to suffer from a kind of half-hilarious Sartrean bad faith (I am thinking here of the members of the various Trotskyite and other sectarian organizations selling Socialist This and Workers’ That papers) and so not many really wanted to associate themselves with talk about revolution. This seemed to be a shame.

But, then I started looking more closely at the literature of philosophical anarchists and noticed that there has been some ink spilled on arguments against revolution.

So, I decided to write a paper suggesting that we re-think this rejection of revolution, and start to look for new grounds for a right to revolution. I hereby submit for comment and discussion to the readers of Public Reason a little paper about this.

One thing I leave out is empirical data – I don’t know much beyond what I’ve learned from my own college days of living with some of those bad faith Trotskyites (well, a lot of them had bad faith — I know one who is the real deal) and a quick glance at Wikipedia. So, I welcome contributions of empirical data!

Here’s the paper: Rethinking Revolution.

-Matt

ASPLP: 28-29 December 2007

Jacob T. Levy has posted the schedule for the American Society for Political and Legal Philosophy annual meeting on his blog. The topic is Loyalty, and papers are being presented by Daniel Markovits, Nancy Sherman, and Russell Muirhead.

Does anyone one know if Rousseau had read Hume’s essay “Of Original Contract”? I’m teaching Hume this year in my second year history of political thought course, in between Locke and Rousseau. Hume showed that political legitimacy and obligation cannot be based on actual consent – the poor unilingual peasant has no real exit option. Remnants of an actual consent theory persist in Rousseau’s Social Contract, as in the footnote to 4.2, which says that residency implies consent and hence legitimacy of institutions only in a free state, where people have the right to leave. Yet Rousseau also advances the new view that the idea of free agreement between equals can help us design legitimate institutions, as in 1.6 of the Social Contract, where the idea of a social contract is clearly not legitimating whatever is agreed to, but rather helping us figure out what we should agree to, in order to preserve our freedom. If Rousseau had read Hume’s essay, it seems he would have distinguished these two types of consent and these two roles consent can play more clearly. I’m hoping someone can help me out with the biography / history (though also with the interpretation, if I’m missing something). For a clear misreading of this history, and its relation to Rawls, see here and compare to pp.336-7 of A Theory of Justice, in particular note 2, where Rawls says that he does not accept the whole of Hume’s argument, but believes that it is correct as applied to the political duty for citizens. (What part did Rawls not accept?)


Hi,
So I have this argument I’ve been thinking about for the conclusion that, theoretically, it is quite possible that Fair Trade will offer Pareto superior improvements for the poor. I’d love any thoughts. The argument makes the standard economic assumptions about competitive markets and consumers and producers trying to maximize profit and utility respectively and tries to show that Fair Trade will offer Pareto superior improvements for the poor if the consumer does not change the amount of goods she purchases and will continue to buy Fair Trade goods into perpetuity.

Here’s the thought:

Suppose that a consumer is trying to decide whether or not to buy Fair Trade bananas and will either purchase bananas from a Fair Trade source for (say) $2 a bag or non-Fair Trade source for $1 a bag. If the consumer buys from a Fair Trade source the poor people who receive her money would, without her money, either have gone out of business or not. If the poor people she supports would otherwise have gone out of business they would have either gone into a more profitable business (than the regular banana business) or not. If not, then the consumer has benefited them. If the poor people the consumer supports would have otherwise gone into a more profitable business (say sugar) then they have done better to make Fair Trade bananas, otherwise they would have gone into sugar. The poor people this consumer supports are, thus, better off with Fair Trade. The consumer knows that she has helped the poor people who make her Fair Trade bananas.

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The US House Foreign Affairs Committee has just approved House Resolution 106 which acknowledges the Armenian Genocide of 1915.1 President Bush, like President Clinton before him, is opposed to the resolution, given the expected Turkish reaction and the strategic links between the US and Turkey. It’s unclear to me what the short or long-term consequences of an official US acknowledgment of the genocide may be, but I find myself firmly behind the resolution, so much so that my intuitive sense is that opposition to it is just a disgrace, something beyond the pale of reasonable, principled politics. I admit, this is not something I feel like being open-minded about in the slightest.

But I don’t really know how I can defend that intuition philosophically, and I’m not sure if there has been much good philosophical literature on why genocide denial is a moral problem or on whether genocide acknowledgment is some sort of moral imperative. Generally, it’s been historians who have written about genocide denial and their moral conclusions have not been terribly nuanced. Denying the travesty is murdering the victims once again, it is sometimes claimed, and there endeth the metaphor.

So my question is two-fold: what exactly makes genocide denial morally problematic, if it is (and is there any good philosophical literature on this?); and what exactly makes genocide acknowledgment morally important, if it is (and is there any good philosophical literature on this?).

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  1. Samantha Power, “A Problem from Hell”: America and the Age of Genocide, Harper Perennial, 2003; Peter Balakian, The Burning Tigris: The Armenian Genocide and America’s Response, Harper Perennial, 2004; Taner Akcam, A Shameful Act: The Armenian Genocide and the Question of Turkish Responsibility, Holt Paperbacks, 2007 []

Waste

First, I want to thank Simon for starting this blog. I think its a great idea and suspect it will flourish.

Now, my first post:

I’ve long considered writing a paper about Waste and now have an extrinsically important reason to do so.

People have thought that Locke’s (first) proviso–the requirement that there must be “enough, and as good, left in common for others”–can’t be satisfied in the modern world. People seem to think Locke’s second (waste or spoilage) proviso–the requirement that we must “make use of” that which we want to claim as property “before it spoils”–is settled by the existence of a means of exchange (money) as it allows us to store value so that nothing need spoil.

I think this is backward. I think David Schmidtz has shown that the first proviso is easily settled (and far from limiting property, sometimes requires that we take property). I think the second proviso is too often ignored. Nozick only calls it a “further condition.” It seems to me that “waste” must be understood normatively. I’m not inclined to spend much time doing textual exegesis to determine what Locke meant by the term “spoilage” though that might be part of the project. More interesting to me is determining the best way to understand the term and, with that in place, the best way to understand the proviso. The next question would be: should we take the waste proviso as providing an inherent limit to property? I’m inclined to think we should (and to think there is a moral duty not to waste).

OK. There’s the project. Now the question: any suggestions for reading? I believe Jeremy Waldron was working on something like this at one point but I don’t recall anything in print. Any ideas? There is a recent piece in Locke Studies by Helga Varden1 and a 1993 piece by Bernard Baumrin in the J of Social Philosophy,2 but I haven’t found much else.

Comments and suggestions very much welcome!


  1. Helga Varden, “Locke’s Waste Restriction and his Strong Voluntarism,” Locke Studies, vol. 6, 2006: 127-42 []
  2. Bernard Baumrin, “Waste,” Journal of Social Philosophy, vol. 24, #3, Winter 1993: 5-18 []

Okin-Young Award: 15 February 2008

via Jacob T. Levy:

The Women and Politics and Foundations of Political Theory sections of the American Political Science Association and the Women’s Caucus for Political Science announce the Okin-Young Award in Feminist Political Theory. The award commemorates the scholarly, mentoring, and professional contributions of Susan Moller Okin and Iris Marion Young to the development of the field of feminist political theory. This annual award recognizes the best paper on feminist political theory published in an English language academic journal during the previous calendar year. Papers will be considered by self-nomination or nomination by other individuals. The award carries a cash award of $600. To be eligible, the article must have been published in 2007.

Read the rest of this entry »