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		<title>The Concept of A Flourishing Life in Aristotle’s Politics &amp; Nichomachean Ethics</title>
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		<pubDate>Fri, 18 Jun 2010 17:55:49 +0000</pubDate>
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				<category><![CDATA[Classic philosophy]]></category>
		<category><![CDATA[Ethics]]></category>
		<category><![CDATA[Political Philosophy]]></category>

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&#160;&#124;&#160;&#160;&#160;[Part1]&#160;&#124;&#160;

In Politics, Aristotle argues that to lead a flourishing life, it is imperative that all free men embrace their responsibility in the political system, thereby protecting the interests of their personal lives, social class, and community, as well as instilling virtue in oneself through civil servitude and leadership. Consistent with this theory is the notion, [...]]]></description>
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<p>In <i>Politics,</i> Aristotle argues that to lead a flourishing life, it is imperative that all free men embrace their responsibility in the political system, thereby protecting the interests of their personal lives, social class, and community, as well as instilling virtue in oneself through civil servitude and leadership. Consistent with this theory is the notion, as described by our political philosopher, that inherent human nature holds men to the conviction that they should participate in governmental proceedings, as he finds, “soul and body are the basic constituents of an animal, the soul is the natural ruler; the body the natural subject. ” (8). In this statement, one can decipher that Aristotle believes that each citizen rules in how the city-state is governed through a democratic system and is ruled by obeying the laws and keeping allegiance towards the governing body. In the opening pages of Book I, Aristotle produces a strong declaration about those who do not wish to take part in politics, “…human is by nature a political animal, and that anyone who is without a city-state, not by luck but by nature, is either a poor specimen or else super human…for someone with such a nature is at the same time eager for war, like an isolated piece on a board game. ” (4). As the collection of political theory progresses, Aristotle examines the necessity of an established community, governing body, social hierarchy, and inter-household status ranking in living a perfectly joyous and happy life, however we first must decide what exactly constitutes this supposed “flourishing life” in ancient Greece. </p>
<p> &#8211;more&#8211;>
<p>According to Aristotle in his prior publication, <i>Nicomachean Ethics</i>, happiness in lifestyle far surpasses the simple explanation of a contented emotion, but however, rely much more on success and fulfillment in the political world, thus necessitating involvement governmental affairs to the happiness of every free man. In modern society, most would consider happiness as coming from physical pleasure or honor, but as Aristotle insists, this is only due to an imperfect view of the good life. Predominantly, the concept of Greek happiness, which a flourishing life entails, is a much more public matter than how it is viewed by twentieth century philosophers. In ancient times more so than now, a Greek individual’s identity was extremely closely linked to the city-state to which he belonged to; thus, happiness was closely connected to the success and fulfillment achieved during public service. Moreover, happiness was not viewed as an emotion in the private sector, but more importantly a reflection of a person’s position within a city-state. Additionally, <i>Nicomachean Ethics</i> discusses the belief that because everything in nature exists for a specific purpose, the end goal of human existence (the specific purpose of human life) is happiness. Aristotle acknowledges a contrast between the means of attainment and the ends, ultimately happiness, of attainment. He states that men pursue happiness and rational activity for the sake of enjoyment, where as they will seek out wealth and health simply because they feel these acquisitions will bring them happiness. He will go on later to define this determination by stating, “…there are three groups – external good [wealth, reputation] goods of the body [health, sensual pleasure], and goods of the soul [wisdom, virtue] – surely no one would raise a dispute and say that not all of them need be possessed by those who are blessedly happy. ” (191). However, Aristotle places more importance upon the goods of the soul, since they are the ends themselves and the former types of good are the means at which acquiring the latter. Following up on this idea, <i>Politics</i> examines how to best secure these ends of happiness for the citizens of a city-state, which predominantly involved political activity, beginning with the construction of a community. </p>
<p>To begin the quest for obtaining a flourishing life, one first established a community in which to become actively involved, known in ancient Greek terminology as a poleis or city-state. The interests of the city-state and its citizens were one and the same, both to attain happiness in affairs, and therefore, conflict between individual liberties and the laws of the city did not often occur. As Aristotle expresses in his opening statements, “every community is established for the sake of some good (for everyone performs every action for the sake of what he takes to be good). ” (1), and as our author views it, one cannot lead a happy life without community engagement, as an individual will not fully realize the nature of their political being separated from the city-state. In asserting that man fails to fulfill his ultimate purpose when he disconnects from the state, Aristotle argues that life has no value outside the walls of a city-state. </p>
<p>The formation of a community is a natural phenomenon based on the principles of rational speech, reproduction, education, and religion. Once human beings were able to develop a language, they had a strong desire to interact with one another, and thus social groups and later political entities were founded. These assertions are echoed by Aristotle in saying, “Those who cannot exist without each other necessarily form a couple as [1] female and male do for the sake of procreation, [2] as a natural ruler and what is naturally ruled for the sake of survival. ” (2). An organized system of reproduction to best ensure the success of offspring needed to be devised in this ancient Greek society, as Aristotle constructs, determining that women should not be married until they are eighteen years of age and men should not be wed to these women until they have reached their thirty-sixth birthday. In modern times, a marriage license is required to surpass the problems that ancient Greek citizens had to enact laws to overcome, such as the marriage between cousins and a proper age to marry. Education, and even determining what subjects should be taught, also needed to be a collective endeavor. He believed that the city’s educational system will largely forecast the character of its future citizens and therefore asserts that it is preferable to enroll children in public education over private tutoring. A fundamental aspect of the state governments of the United States is just the topic, and overall, to every society, education is determined to be a very crucial political concern. Men also need leisurely activities, such as sports and music, to live to the fullest, and thus, for the sake of a flourishing life, it is ideal for humans to live in groups with common interests. As Aristotle puts it, “For it is by seeking happiness in different ways and by different means that individual groups of people create different ways of life and different constitutions. ” (204). In the creation of a city-state, Aristotle comments that all citizens should know each other and that the population should be “surveyable”, to reinforce the common aims of the community. Standardized religious practices and the public construction of temples in the worship of Gods were also public domain, as it would be nearly impossible for every citizen to have access to the proper altars and temples without publicly funded religious sites. In all these social aspects of life, reproduction, leisure activities, education, and religion, a functioning government must be held responsible and therefore, a community was formed to distribute money and duties across its populace. </p>
<p>Before an individual can become active in a political life, and thus achieve the all-important definition of happiness as described by the Greeks, one first must determine who should be given access to the government in terms of a social hierarchy. When deciding who should take part in political affairs, the author clearly separates the people who are necessary to the city, including slaves, and those who are essential members of the city. Aristotle is not concerned with giving every individual the access to the operations of the government because he does not consider their input to be valuable, rationale for excluding slaves. Slaves, he insists, are like property, and therefore, cannot comprise a city. He cites a fundamental difference in slaves and freemen in governmental affairs in saying, “For ruling and being ruled are not only necessary, they are also beneficial, and some things are distinguished right from birth, some suited to rule and others to being ruled. ” (7). Only freeborn citizens have the capacity to become leaders because only they would have the time to pursue education and leisure activities, and thus be well rounded and knowledgeable for government involvement. Our political theorist also makes distinctions along the lines of origin and age in stating, “Nor is a citizen a citizen through residing in a place, for resident aliens and slaves share the dwelling place of him…like minors who are too young to be enrolled in the citizen list or old people who have been excused from their civic duties, they must be said to be citizens of a sort, but not unqualified citizens. ” (65). Similar are the requirements in the United States to either naturalized if not born in this country and to eighteen years of age to participate in elections. By setting parameters for which individuals can participate in politics, Aristotle attempts to preserve what he believes a qualified social ranking of free men. </p>
<p>Aristotle concludes that the goal of the community as a whole is to achieve as much unity as feasibly possible, and thereby, protecting the interests of all citizens; however, Aristotle maintains that different people must make different contributions, fulfill different roles, and fit into distinct social classes to ensure that the city-state will be self-sufficient. Class division is important in maintaining a proper social order, but there seems to be a place for each free class in government participation, whether it be through leadership or simply voicing an opinion. Certain of this principle, he states, “A city-state is excellent, however, because the citizens who participate in the constitution are excellent; and in our city-state all the citizens participate in the constitution. ” (213). Aristotle suggests that the middle class is most vested in the success of a political entity in stressing that it is the least susceptible to factionalism, self-interest, and hatred of other classes. Both the rich and the poor, on the other hand, are more likely to conceive of justice and equality selfishly. He declares that a population of farmers would make for the best democracy, as they must work hard and are well spread apart, preventing the group as a whole from spending too much time involved with governmental affairs. Alternatively, he proposes that the population least conducive to democracy would be made up of mechanics, shopkeepers, and laborers because they are crowded within the inner city, and therefore could take an active role in politics leading to mob rule and violent overthrows. By involving all classes in the political system, Aristotle nearly achieves the prospect of a flourishing life, centered upon happiness in political participation, for every group of natural-born free men. </p>
<p>Once the standards of citizenship have been determined, it is next necessary to determine how a government should be operated and maintained in order to maximize the number of individuals who can become involved. Aristotle suggests that a governing body must include all citizens and govern in the common interest, and that the laws be well constituted and directed toward the general good. Contrasting many political philosophers of his day, our author insists that a collective populace is wiser than an individual expert and an overall better judge as to whether people are being well-governed. In descriptions of each practical type of government, Aristotle concludes, “For tyranny is rule by one person for the benefit of the monarch, oligarchy is for the benefit of the rich, and democracy is for the benefit of the poor. But none is for their common profit. ” (78). In an oligarchy, influential and high standing offices should be reserved for the wealthy, yet the poor should still be able to hold infer employment in the functioning of the government. Additionally, wealthy officers are obligated, in this system, to perform significant public service in order to hold office, thus deemed worthy of leadership by the poor. Civic government consists of three main elements: the deliberative, the executive, and the judicial. The deliberative elements involve public matters such as foreign policy, enacting laws, judicial cases in which a severe penalty is involved, and the appointment of public officials. The executive branch of Aristotle’s government holds public order and takes responsibility for governing and issuing commands. Finally, the judicial element passes rulings on matters of private and public interest. Aristotle recommends that the ruling party always be wary of lawlessness, never try to deceive the masses, treat everybody well and fairly, especially those outside the constitution, cultivate a state of emergency so that people will not attempt a revolt, prevent in-fighting between nobles, ensure that property qualification for office remains proportionate to the wealth of the city, be careful not to confer great promotions or significant withdrawals of honor too suddenly, be wary of a class that is on the rise, and give power to the opposing class or the middle class, prevent public office from becoming a source of profit, and offer special consideration to the rich in a democracy and to the poor in an oligarchy. In all aspects of the prescribed varieties of government that Aristotle examines, the focus and motive remain the same: to create a political entity that will best suit individual citizens for a flourishing life. </p>
<p>In relating the ideas posed by Aristotle to the modern definitions of government in the United States, many political issues and dilemmas come to mind that obstruct such a flourishing life. As Aristotle suggested, “Nowadays, however, because of the profits to be had from public funds and office, people want to be in office continuously, as if they were sick and would be cured by being in office. ” (77). This has become increasingly so in the maturation of our nation as well, while congressmen and presidents fight to stay in office for as many terms as possible to ensure the push of their political agenda, often influenced by interested groups and top campaign contributors. Another problematic situation that the U. S. government has encountered since the birth of our nation is the decrease in individual participation in government. In ancient times, all citizens were required to contribute in some way to the government. Assemblies of citizens made decisions in governmental bodies that were similar to the law courts and city councils that few Americans take part in today. In ancient Greece, these lawmaking assemblies would rotate membership to ensure that every citizen could serve a term, however, the only institution which mirrors this rotation in modern day is jury duty. Without required participation in the government, many individuals in society wish to seek no part in it, and therefore, do not fulfill their civic duty or live in the criteria of happiness Aristotle maintains is essential. </p>
<p>Aristotle advocates a lifestyle involving political activism as a means of achieving a happy and flourishing life, by first detailing the necessity of establishing a community, defining a social hierarchy, and instituting a governing body in which every free man should take part. In arguing the need for politics in an individual’s well-being, he pronounces, “Some people think that ruling over one’s neighbors like a master involves one of the greatest injustices, and that rule of a statesman, though it involves no injustice, does involve impediment to one’s own well-being. Others think almost the opposite, they say that an active political life is the only one for a man, since the actions expressing each of the virtues are no more available to private individuals than to those engaged in communal affairs and politics (194). Political bodies make education, leisure, organized religion, and marriage possible, many of which compromised ancient issues reflected in modern dilemmas. Without politics, possible chaos and obviously a decreased level of interaction and social harmony would occur; therefore, it is in the best interest of the community and of the individual, to partake in government. </p>
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		<title>Redefining Property Rights through Value Creation (and an Attempt at Grounding Claims to Natural Resources by “First Comers”)</title>
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		<pubDate>Thu, 29 Apr 2010 22:24:19 +0000</pubDate>
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				<category><![CDATA[Ethics]]></category>
		<category><![CDATA[Political Philosophy]]></category>
		<category><![CDATA[Property rights]]></category>
		<category><![CDATA[libertarianism]]></category>

		<guid isPermaLink="false">http://philosophy.intellectualprops.com/?p=107</guid>
		<description><![CDATA[Any theory of ownership must always answer the challenge of how initially unowned things can come to be justly owned. Intuitively, the world-ownership hypothesis—that a person may appropriate any number of un-owned resources in the world as long as some conditions are met—faces the objection (among others) that it seems like an arbitrary deviation from [...]]]></description>
			<content:encoded><![CDATA[<p>Any theory of ownership must always answer the challenge of how initially unowned things can come to be justly owned. Intuitively, the world-ownership hypothesis—that a person may appropriate any number of un-owned resources in the world as long as some conditions are met—faces the objection (among others) that it seems like an arbitrary deviation from an equal-share hypothesis, which would entitle one to an <em>n<sup>th</sup></em> of those un-owned resources. This, however, is merely an intuitive claim, reflecting more of an intellectual discomfort rather than a clear picture of the origins of entitlements.</p>
<p>While we have yet to settle on any such picture, other intuitions can present us with a different picture. Israel Kirzner’s article, “Entrepreneurship, Entitlement, and Economic Justice” (1978) provides us with an excellent intuition as to how else these entitlements could come about, through appeal to the idea of value: the chief reason why we gain our entitlements to property is because we have created an economic value in it.</p>
<p><span id="more-107"></span>A theory based on this intuition is, at least, superficially consistent with some libertarian theories or at least some of their parts. In examining the views of those called “libertarians” (even those with an egalitarian bent), we could (albeit crudely) characterize two kinds of entitlements in those views: what we will call “directly earned” entitlements and “unearned” entitlements. The former refers to those entitlements dealing with the class of thing that the individual brings about through his own freely chosen actions, and, from the point he acquires it until the end of his life, may keep without others ever possibly holding a right to it against him (such as the product of his labor). The latter refers to entitlements dealing with everything else—those things which may justifiably be redistributed from the individual, whether it is the value of their natural talents, their natural resource holdings, etc.</p>
<p>The question, then, is what kinds of consequences accepting the intuition that value creation generates entitlements will have on these different kinds of entitlements. In the conclusion of Kirzner’s piece, we get a sense of his goal, which in some way will be similar to mine:</p>
<p>[There] does seem to be a certain plausibility in the notion of ownership through creativity. It is this plausibility which may help explain how so many observers of the market appear to find it consistent with economic justice in the face of the denunciations of the moralist critics of capitalism. This paper has explored the sources of this apparent plausibility, and has scrutinized its ability to serve as possible support for the morality of the market.<a href="#_ftn1">[1]</a></p>
<p>My goal here is to demonstrate how value creation (or “creativity” as Kirzner calls it) can form a basis for destroying the distinction in entitlements to which I alluded, presumably in favor of the “directly earned” kind, or, at the very least, for forcing a commitment to one kind of entitlement in its fullness over the other. Failing that, creativity can at least form a stronger basis for whatever “directly earned” entitlements may exist at all in a given theory (such as a Steinerian one). For a variety of reasons, including Kirzner’s revised acceptance of the Nozickean proviso which introduces a host of new complexities, I will not attempt to “repair” Kirzner’s theory where it fails. Instead, I will only show how some of the intuitions he offers ought to be seriously considered and integrated into any theory of acquisition that prizes self-ownership (e.g., in the form of ownership of the products of one’s labor). Whether we accept some sort of “equal share” hypothesis or not should not, ultimately, affect whether the considerations about value creation put forth in this paper make a difference. On one hand, the considerations might provide some intuition in favor of “world ownership<strong>”</strong>—that persons literally hold exclusive right over a part of the world—a position which is too difficult to defend here; on the other, they simply help clarify the extent of certain entitlements, in as much as we believe that those certain entitlements are of the “directly earned.”</p>
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<p><strong>Value Creation</strong></p>
<p><strong> </strong></p>
<p>The basic principle behind value creation could be that for some given thing of economic value, the person who actualized that value has full property rights over that thing; it would not have “existed” save for that person’s actions that led to its actualization. But this is too strong, for we can only say that something <em>might </em>not have existed save for the actualizer. This naturally should prompt us to find an account for why the temporally first creator is so entitled. In other words, we must find and justify some “first-come, first-served” principle, a challenge which we will address later. Here, we will investigate Kirzner’s interpretation of value creation, regarding exactly what it is that we ‘own’:</p>
<p><strong> </strong></p>
<blockquote><p>In the conventional view (apparently shared by Nozick), once a unit of resource has been acquired, ownership has been established in it with respect to all its properties and powers, whether these have been known or imagined or not. In the view being now considered, on the other hand, those aspects of a thing which are unknown remain, so-to-speak, non-existent. Their discovery constitutes the discovery of a hitherto unknown, ‘non-existent,’ and hence un-owned dimension of the thing. An owner owns only those aspects of ‘his’ property of which he is aware.<a href="#_ftn2">[2]</a></p></blockquote>
<p>This will have some important implications when it comes to what we are justified in spatially controlling (where to spatially control something means to own something with respect to all its properties and powers, known and unknown). Nonetheless, the complexities of dealing with spatial control issues are the task of a separate odyssey. At least for now, we will accept this definition of ownership put forward here, with the intention of clarifying it.</p>
<p>A simple case of value creation is Kirzner’s example of an entrepreneur discovering a willingness of consumers to pay a price for oranges converted into juice ($12, with a $4 manufacturing cost) over the price of oranges alone ($5). From this, he draws the following intuition:</p>
<blockquote><p>Up to the moment when the entrepreneur’s vision ‘saw’ the juice and marmalade which the oranges represent, oranges had value only for eating – a value which the market set at $5. The entrepreneur has discovered $3 additional value in the oranges. He may, then, be held to have ‘created’ this additional value in these oranges. It is as if the entrepreneur found orange juice and marmalade in nature, where no one had perceived their existence; he has ‘created’ the orange-resource that can provide juice and marmalade.<a href="#_ftn3">[3]</a></p></blockquote>
<p>This is fairly self-explanatory. A set of actions leads to the creation of a consumption opportunity which some consumers prefer to some of their old consumption habits, for which they are willing to pay extra. Of course, Kirzner does far more here than simply give us part of the case for why the entrepreneur is entitled to profit here; he also hints at an argument for the likeness of natural resources to the orange juice scenario.</p>
<p>Before turning to the more complex issue of natural resources, however, it would do us well to finish framing the importance of value creation in exchange. On one hand, if we argue successfully for original appropriation of, say, oranges, then perhaps any questions beyond it are moot, notwithstanding any complexities raised by Kirzner’s definition of ownership. This is because just original appropriation of something entails full property rights over it, which entails free disposal of it, and we are not bound by any sort of Lockean “no-waste” condition. With full property rights over oranges, we could just as easily turn them into juice and exchange them freely for a net benefit to ourselves as we could throw them off of a cliff in nihilistic spite while slowly dying of scurvy.</p>
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<p>Nonetheless, some theories would posit that even from a starting point of full property rights, some (non-coercive, non-fraudulent) processes can occur that unjustly result in profit. A theory of value creation-based entitlements can show how no such processes are possible. Thus, even if we fail to properly demonstrate our case regarding natural resources, an understanding of value creation is both applicable and useful to the previously-mentioned “right-libertarian” components of libertarian theories—especially Steinerian ones—which still entail a level of free and voluntary exchange (and hence the potential for mutual gain in exchange, and thus profit). This ground has been well covered by Kirzner, so we need not pursue it further here.<a href="#_ftn4">[4]</a></p>
<p>It is necessary to clarify how value creation generates entitlements, or perhaps more importantly, what value <em>is</em>. Our definition of value can only be manifested through human action: we gauge the value of something by how someone will act to attain it. An entrepreneur, through some process of discovery and/or innovation, comes to control some object. Someone else desires this object. The “value” to which the entrepreneur is entitled is only going to be what is voluntarily offered to him and accepted by him in order to relinquish his control over the object.</p>
<p>So clearly, we are not simply saying that having special knowledge of some potentially added economic value entitles one to that value, of course. That knowledge only justifies whatever profit might be had when entrepreneur A buys oranges from entrepreneur B, turns them into juice, and gains a profit over the cost of the oranges. Better said, we are only advancing the case that one is entitled to any rewards reaped from discovering and executing a means of further contributing to the satisfaction of their own and others’ preferences (whether it is by selling information to someone else or by using that information to sell oranges at a higher price). Entrepreneur B is not entitled to any more than is offered and he agrees he will accept in exchange for his oranges. Of course, this could include his partial (or even full) knowledge of the value of juicing and hence his price discrimination toward Entrepreneur A, to which he is just as entitled.</p>
<p>To further specify the nature of our claim, we exclude any considerations of division of labor, specialization, and so forth from this discussion altogether. In a world of perfect and symmetric information, these conditions, quite trivially, imply that the juicer (entrepreneur A) and the orange harvester (B) are entitled to their respective contributions of value. It is where there is an information asymmetry that we are still claiming that entrepreneur B is entitled to profits from juice, even where entrepreneur A, if he also possessed the same knowledge of juice, would profit similarly from it. The attainment of information is as much a feature of the world that bears a human cost as is anything else under consideration, labor included. This fact is the primary reason why someone is justified in profiting to any degree from asymmetric intellectual information.</p>
<p>Overall, given a framework of already existing property entitlements and voluntary exchange, we have good reasons to believe that additional entitlements generated from those exchanges is just. It is how we get to those “already-existing property entitlements” which will be the task of the next section.</p>
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<p><strong>Natural Resources</strong></p>
<p>We are now led to the more serious possible implication: if we accept the intuition of value creation when it comes to things like the natural properties of oranges and consumer preferences, why distinguish between those things and other things that are more affixed parts of the world, like land, water, or coal? We credit the entrepreneur with discovering, and thus bringing into existence, the value of juice. Putting aside issues of whether someone else could have brought about the value of the juice, we give the entrepreneur some level of equity based on how he in particular brought about this particular juice at this particular time. Prior to the entrepreneur’s intervention, the “juice value” was inaccessible.</p>
<p>Taking a parallel case of an entrepreneur drilling into a mountainside and finding gold, we can easily see that a similar statement can be made about the gold: prior to the entrepreneur’s intervention, the value brought about by the gold was also inaccessible. So we at least see no distinction between <em>kinds </em>of value-creating activities—in both cases, some sacrifice was required on the part of the entrepreneur to bring about access to something valuable that was previously inaccessible. Note that this is a fact independent of whatever independently-established conclusions we have about natural resources and people’s entitlements to them. At the very least, we have established that there is a common element between creations of value through what label “natural resources” and creations of value elsewhere.</p>
<p>The issue here is, as always, why the first-comer to a pile of uranium or some other resource can lay absolute claim to it. If it were the case that if not for the entrepreneur, the resource would not<em> </em>have existed, then our answer is clearly that he is entitled. But for most things, we can only say that if not for the entrepreneur, the resource <em>might </em>not<em> </em>have existed. We can likewise read this issue “backwards” into natural resources, scientific discoveries, inventions, etc. If we have this problem with land, why don’t we have this problem with everything else? Our definition of value creation here certainly fights against the separation of land and natural resources from other possessions. Nonetheless, no matter how we treat the distinction, even by eliminating it, priority for first-comers to any possession must be justified. In the next section, I will advance the rights of first-comers by putting forward some considerations that must be addressed by any theory which prizes self-ownership.</p>
<p><strong>The Rights of First Comers</strong></p>
<p>Having begun to argue for why value creation makes us responsible for—and thus entitled to—the effective existence of certain things, we still must answer why one’s temporal location never confers some unjustifiable advantage in appropriation. Indeed, we can hold that an appropriation is just, even if someone at a later date could have come along and created an inferior, equal, or larger value which he no longer could do as a result of the first appropriation. Kirzner offers the following example in favor of a “first-come, first-served” (FCFS) principle or what he calls a “finders, keepers”<a href="#_ftn5">[5]</a> ethic:</p>
<blockquote><p>Consider then the case (referred to only by implication, in Nozick’s discussion) of the un-held sole water hole in the desert (which everyone in a group of travelers knows about), which one of the travelers, by racing ahead of the others, succeeds in appropriating. For Nozick this case, involving as it does no discovery at all, clearly and unjustly violates the Lockean proviso: the other travelers who n the absence of appropriation by their fellow, would have all enjoyed some water without cost, are now forced to pay a price (even a ‘monopoly price’) for that same water. For us, however, this view is by no means the only one possible. We notice that the energetic traveler who appropriated all the water was not doing anything which (always ignoring of course, prohibitions resting on the Lockean proviso itself) [would have prevented the other travelers from racing ahead]. Assuming (for simplicity) that [if] all the travelers were of equal strength and speed there would have ensued a ‘gold-rush’ in which each would have, let us say, captured some water. As it happened, the other travelers did not bother to race for the water. May it not be that they were less alert, entrepreneurially, to the possibility that someone else might indeed appropriate all of the water than the energetic traveler? Should we not, then, say that the latter was the first to ‘discover’ the true market value of the unheld water? For the others the water was indeed known, but the worthwhileness of its appropriation was not known. (Perhaps they mistakenly thought there was more water available than could possibly be drunk; perhaps they mistakenly thought that no one would or could race across the desert at a faster speed than that at which they were traveling, or perhaps they gave the water no thought at all.) It does not seem obvious that these other travelers can claim that they were hurt by an action which they could themselves have easily taken, had they been as alert as the successful appropriator. What, one must ask, even under conditions involving the appropriation of known substances is so obviously acceptable about the Lockean proviso, as interpreted by Nozick?<a href="#_ftn6">[6]</a></p></blockquote>
<p>While it is certainly a useful and intuitive way to show how we might falsely identify some appropriation scenarios as being a product of <em>mere</em> arbitrary temporal advantage, this example fails to fully address the issue. On the face of it, there are two potential routes we can take here to vindicate a FCFS principle. To preserve the validity of this example as an answer, we must show that every single appropriation will always contain an element of some value creation of the sort shown in the given scenario, no matter how small. On the other hand, to keep the example as only a useful insight, but still advance the case for a FCFS principle overall, we must show that even an appropriation characterized by mere temporal advantage is still justified.</p>
<p>In large part, the full resolution of this discussion depends on whether we accept that an individual’s gains from unchosen natural circumstances are “undeserved”; or, at least, that someone’s luck-based disadvantage makes an appropriation made possible by that disadvantage unjustified. Rejecting this notion would constitute an answer of the second kind provided in the paragraph above. Here, I will move toward an answer of the first kind instead, in the same vein as Kirzner’s water-hole example. In as much as any theory takes “brute luck” into consideration, it also allows for the mutually exclusive category of the “earned.” The following considerations should help to further define the boundary between the consequences of brute luck and choice.</p>
<p><strong>The Value Creation of Being First</strong></p>
<p><strong> </strong></p>
<p>Before concluding anything about permanent appropriation of a resource, we must examine what non-arbitrary differences always exist between a first-comer and those who come later. The insufficient counterfactual that drew us to investigate whether a FCFS principle could be justified—that if not for the appropriator, something only <em>might </em>not have existed—ignored a crucial element of that something: specifically, <em>when </em>that something would have existed. Indeed, time is not irrelevant to value; other things equal, a rational agent prefers some fixed payment now to the same fixed payment later (likely for reasons of certainty and maximization of choice sets). This implies that there is a component of value that first-comers provide, and provide uniquely. We can refine the counterfactual to then say, “if not for the appropriator, something <em>would not </em>have existed at the time it did.”</p>
<p>Being a first-comer does more than add a time-value to an appropriation, however. It also actualizes unknown elements of the resource in question, the brunt of which is borne by the first-comer. First-comers bear the burdens of their appropriations as well as the benefits. There is the simple example of risking direct personal harm, such as exploring a cave only to find an angry bear.  There is the broader possibility that the effort the first-comer spent to make an appropriation was not worthwhile. Furthermore, those who are not first in any process of discovery often have the option of learning from the mistakes and failures of those who were first, making their own forays more productive. What makes these revelations possible is an actualization of one outcome of many possible outcomes.</p>
<p>This point stands, whether we believe that everyone owns natural resources or not. Even someone exploring on behalf of humankind would be creating value that humankind would otherwise not have, <em>but</em> <em>at his own expense. </em>Even if he was first only by some arbitrary temporal circumstances, it does not change the fact that he is the one who has borne the costs of the appropriation. Thus, in at least enough cases worth considering, an individual’s temporal advantage <em>is </em>an individual’s value creation, and one that any for which any theory of appropriation must account.</p>
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<p><strong>The Endogeneity of “Starting Points”</strong></p>
<p><strong> </strong></p>
<p>Any notion of “temporal advantage” in its construction relies on the broader concept of a “starting point.” An arbitrary temporal advantage is going to be the product of some distribution of starting points, in which one person was, for example, closer to a resource and hence arrived at it sooner. If A starts 1 mile closer to some resource than B does but they are otherwise equal, and they both move toward it, A will be able to appropriate the resource and exclude B from it, a result which can be credited to A’s better starting point. One might argue that this represents some unearned advantage of A over B that can be justifiably adjusted or redistributed.</p>
<p>But we have failed to ask <em>how </em>A and B got to their respective “starting” locations. If A had decided to take a well-trodden path to a resource, but B decided to take a mountain pass in hopes that it would be faster, then we would not consider the 1 mile difference to be some sort of arbitrary advantage. It would seem that the goal of the above argument is to show that starting points are simply given, that is, exogenous, and hence morally arbitrary. At the core of this is that no decision on the agents’ part put them there. Indeed, a central component of libertarianism is ownership of one’s self and thus responsibility for one’s actions.</p>
<p>We can’t really say, though, that those “starting points” were unchosen (in one sense). In reality, any number of different actions on the part of the agents could have resulted in a significant difference of those starting points. As Kirzner argues in his water-hole example, perhaps the other parties were not as entrepreneurially alert to the resource as the appropriator, who situated himself more opportunely. Unless we have no qualms with making one person responsible for the erroneous or non-optimal actions of another (outside of a guardian-type relationship), then we can not consider the first-comer in an appropriation scenario unjustified in appropriating a resource.</p>
<p>By this logic, any cases of an agent’s “starting point” being determined by a choice among alternatives can not be validly considered a “starting point” with any moral weight. So what cases could be? It is safe to say that people do not appear independently of choice-making; that is, they are not exogenously given. This creates an ever-important moral relationship between parents and children. At best, we can define a starting point as a point exogenous to the decision-maker in question. For example, an agent’s birthplace is not chosen by the agent. However, it is not simply a brute fact of nature; it is the product of <em>someone’s</em> choices. So, it would make sense to explore the following avenue: if there are any qualms as to the harms to an agent caused by a particular starting point, any burden should be upon those who made the decisions to put that agent in that situation.</p>
<p>If we accept that having children is not something to which people are unconditionally entitled, but which they may do, and that having children also generates obligations for the parents, then complaints about a starting point like birthplace should always be directed toward parents. A poor family with five children can not validly claim circumstantial hardship (not, at least, without bending the boundaries of responsibility for one’s actions). It was their decision to take an action that would result in their having of five children.</p>
<p>Perhaps they were young and reckless, and made mistakes. Or, even, they made reasonable attempts at averting the situation by using birth control. But neither of these is a good reason as to why anyone outside this parent-child relationship, who made no decisions to create this situation, should have his freedom limited. Mistakes and unfortunate consequences of typically successful behavior still bear a clear relationship to one’s choices by definition. At the very least, if one says that children under some circumstances can be treated as exogenous and thus a basis for an entitlement, then he must also accept a variety of other unintentionally caused hardships as the basis for entitlements too.</p>
<p>The outsider, clearly, does not gain a duty from the choices of others. There certainly remains the question of “brute luck”: that, after tracing back history to the point before there were any moral decisions, some circumstances led to agent A’s relative situation being worse than agent B’s, though choices could alter the final outcomes. Still, it is seemingly impossible separate <em>any </em>circumstantial hardships from agent choice, and the power of those choices must be reflected before drawing a conclusion about luck. Even for seeming “acts of nature,” like natural disasters, one’s risk of being affected by them changes with a variety of decisions.</p>
<p>It seems that the axiom underlying the notion of arbitrary advantages is something like as follows: for some sort of situational disadvantage in appropriating something to make the advantaged appropriator unjustified in appropriation, it must be a factor independent of agent choice. So, then, the task of any “brute luck” entitlement framework is to find this exact handicap placed upon someone by circumstances, entirely separated from their choices. It must consider the range of possibilities across many different possible choices in sum, and determine whether one agent’s exogenous choice set’s “expected value” (for lack of a better concept) surpasses another.</p>
<p>Ultimately, a central point of the discussion here will remain unresolved: is person A justified in reaping the benefits of his unchosen advantage? If yes, then considerations of what is “directly earned” are a mere afterthought; if no, then we can not afford to ignore any advantages of his which <em>are </em>chosen.</p>
<p><strong> </strong></p>
<hr size="1" /><a href="#_ftnref1">[1]</a> Kirzner, Israel. “Entrepreneurship, Entitlement, and Economic Justice”, Eastern Economic Journal, 4 (1978), pp. 23 in Vallentyne, Peter. Steiner, Hillel. <em>Left-Libertarianism and Its Critics: The Contemporary Debate. </em>Palgrave Macmillan, 2001.</p>
<p><a href="#_ftnref2">[2]</a> Ibid, pp. 202</p>
<p><a href="#_ftnref3">[3]</a> Ibid., pp. 202</p>
<p><a href="#_ftnref4">[4]</a> The first half of “Entrepreneurship, Entitlement, and Economic Justice” demonstrates how profit, even when there is error or asymmetric information (besides in cases of fraud), is always the result of just transfers in a voluntary exchange setting.</p>
<p><a href="#_ftnref5"></a>6 When describing the “finders, keepers” ethic, Kirzner makes it a point in a footnote to distinguish it from another ethic labeled “first-come, first-served” condemned by economist William Vickrey for being “of dubious equity.” I, too, would like to make such a distinction.</p>
<p><a href="#_ftnref6">[6]</a> Ibid. 1, pp. 208-209. Note that the bracketed clause in the center was meant to repair a grammatical anomaly in the original text.</p>
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		<title>Hillel Steiner’s Original Rights and Just Redistribution (Summary)</title>
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		<pubDate>Sat, 02 May 2009 07:52:34 +0000</pubDate>
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		<description><![CDATA[In Original Rights and Just Redistribution, Hillel Steiner attempts to answer three questions: to what sorts of things do we have original property rights?; how do we distinguish these sorts of things to which we have non-original property rights?; and finally, who counts as being one of &#8216;us&#8217; with these rights? He begins with the [...]]]></description>
			<content:encoded><![CDATA[<p>In <em>Original Rights and Just Redistribution</em>, Hillel Steiner attempts to answer three questions: to what sorts of things do we have <em>original </em>property rights?; how do we distinguish these sorts of things to which we have non-original property rights?; and finally, who counts as being one of &#8216;us&#8217; with these rights? He begins with the concept of self-ownership: for someone to have any rights at all, he must not be part of another&#8217;s bundle of possessions. After establishing that laboring within&#8217;s one domain produces products within one&#8217;s domain, he asks how initially unowned things outside of one&#8217;s domain becomes justly ownable. He concludes that our equal original property rights entitle us to an “equal share of (at least) raw natural resources.”</p>
<p><span id="more-59"></span></p>
<p>In the section titled “Persons and bodies,” Steiner explores the issue of offspring rights, asking “how can we each own what we produce if we ourselves are others&#8217; products?” Steiner whittles this question into what he calls “the paradox of universal self-ownership,” which he proposes to ameliorate via modification of the propositon, “All persons (originally) are the fruits of other persons&#8217; labor.” He contends that reproduction occurs via a mixing of labor with natural resources in the form of “germ-line genetic information,” hence avoiding the contradiction with the proposition “all self-owners own the fruits of their labor” that generated the paradox in the first place. Thus, once children reach the age of majority, they become self-owners (all rights relating to their foetal and minority statuses are really legal powers and liberties held by adults).</p>
<p>Steiner turns to the question of the rights of the dead in “Persons and times.” Appealing to Hohfeldian jural relations—that rights and powers in one party are correlative to duties and liabilities in others—he argues that transfers of ownership involve an exchange of correlatives which is impossible with a testator. While a gifting process transfers rights and powers from the gifter to the receiver, and a restriction from the receiver to the gifter in turn, a testator incurs no such restriction. In other words, the transfer of ownership of property can only be performed by a living person. Thus, the dead have no rights and their property is rightfully treated like a natural resource. Steiner then connects his discussion of rights of the dead with rights of future persons: because having a right, according to Steiner, is to be in possession of the powers to waive or demand and enforce compliance with its correlative duty, a future person has no rights against present persons.</p>
<p>In the final section, “People and places,” Steiner underscores the meaninglessness of international boundaries with regard to persons&#8217; original rights and the rights derived from them; they do not “suddenly evaporate” at arbitrarily drawn boundaries. National boundaries only demarcate group territorial holdings, so natural resource entitlement is global in scope. He also addresss the flaws in the &#8216;theory of magic dates,&#8217; a problem faced by individual rights theorists like Locke who are anti-secession. He argues that there is no justification for a date prior to which rights-holders are empowered to jointly enter into agreements for the protection of their rights by an agency of their chosing, but after which those rights are truncated.</p>
<p><script  src="http://tag.contextweb.com/TagPublish/getjs.aspx?action=VIEWAD&cwrun=200&cwadformat=300X250&cwpid=513322&cwwidth=300&cwheight=250&cwpnet=1&cwtagid=80288"></script>In the Epilogue, “Just Redistributions,” Steiner fleshes out his notions of redistribution, beginning with the process of redress as a mode of acquiring just titles to things, and how redress can be manifested through a global fund. Steiner generalizes that in a fully appropriated world, “each person&#8217;s original right to an equal portion of initially unowned things amounts to a right to an equal share of their total <em>value</em>.” Thus, “over-appropriated” persons owe a contribution of value to a global fund from their duties correlative to “under-appropriators’” original property rights. Another thesis advanced in the epilogue include that persons using “germ-line genetic information” must pay competitive rent on its value, as it is a natural resource; hence, adults with children with more valuable offspring (genetically speaking) must compensate those with offspring less so.</p>
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		<title>Nozick on Locke’s Theory of Acquisition, the Lockean Proviso, and Collective Assets (Part 3)</title>
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Nozick cites Rawls&#8217; counterargument that he avoids this dilemma, “because people in [Rawls'] original position rank the principle of liberty as lexicographically prior to the difference principle, applied not only to economic well-being but to health, length of life, and so on. ” One of Nozick&#8217;s footnotes calls our attention to the discussion of collective [...]]]></description>
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<p>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets/">[Part1]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-2/">[Part2]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-3/">[Part3]</a>&nbsp;|&nbsp;</p>
<p><br/>
<p>Nozick cites Rawls&#8217; counterargument that he avoids this dilemma, “because people in [Rawls'] original position rank the principle of liberty as lexicographically prior to the difference principle, applied not only to economic well-being but to health, length of life, and so on. ” One of Nozick&#8217;s footnotes calls our attention to the discussion of collective assets later to further this objection. </p>
<p>Continuing, Nozick professes his inability to find a cogent argument to help support that variations in holdings caused by variations in natural assets ought to be eliminated or minimized. He connects the idea of the “moral arbitrariness” of natural assets to Rawls’ construction of the original position by pointing out that there must be an argument to “shape” the original position to exclude natural assets from the participants’ knowledge (i. e. there must be a justification for the veil of ignorance). Nozick argues that if a particular feature being arbitrary from a moral point of view is sufficient to fall under the veil of ignorance, then those behind the veil of ignorance should know nothing about themselves, because each of their features (like rationality, the ability to make choices, having a life span of more than three days, having a memory, ability to communicate) will be based on morally arbitrary facts (that the sperm and ovum that made them were genetically composed in a particular manner). However, Rawls’ construction of the original position has persons know some of these things. </p>
<p>At this point, Nozick stops to qualify his argument. He calls our attention to an ambiguity in the statement that “a fact is arbitrary from a moral point of view”: in one sense, it could mean that there is no moral reason why a fact ought to be; in another, it could mean that a fact is of no moral significance and has no moral consequences. Nozick states that rationality is not morally arbitrary in the second sense. Nonetheless, if rationality escapes exclusion for this reason, it now has a “partner in guilt”—natural assets—which must also escape exclusion for that reason. Thus, an entitlement theory similar to Rawls’ that holds that entitlements arise from or are at least dependent on such facts is called into question. </p>
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<p><strong>“Collective Assets”</strong></p>
<p>Later in the book, Nozick aims to tackle Rawls’ seeming notion of “collective assets,” specifically referring to the idea that “everyone has some entitlement or claim on the totality of natural assets (viewed as a pool), with no one having differential claims. ” He argues that a theory separating men from their talents, assets, abilities, and so on can only be adequate if one “presses very hard on the distinction between men [and those things],” noting that whether any conception of a coherent person remains when this distinction is made is an open question. Further, he states that talents and abilities are an asset to a free community, and are not part of a constant sum game, then asking whether extraction of <em>more </em>benefit is what justifies treating natural assets as a collective resources, leaving open the question of what justifies the extraction. </p>
<p><br/>
<p>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets/">[Part1]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-2/">[Part2]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-3/">[Part3]</a>&nbsp;|&nbsp;</p>
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		<title>Nozick on Locke’s Theory of Acquisition, the Lockean Proviso, and Collective Assets (Part 2)</title>
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Thus, one may not only not appropriate the only water hole in a desert and charge what he pleases, but he also may not charge what he pleases if it just so happens that circumstance destroys all other watering holes. Nozick briefly deviates for a moment to clarify that the owners&#8217; rights are not eliminated [...]]]></description>
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<p><br/>
<p>Thus, one may not only not appropriate the only water hole in a desert and charge what he pleases, but he also may not charge what he pleases if it just so happens that circumstance destroys all other watering holes. Nozick briefly deviates for a moment to clarify that the owners&#8217; rights are not eliminated in these cases, but simply “overridden to avoid some catastrophe” (not, however, in some <em>ad hoc</em> way, but internal to the given theory of property). </p>
<p>Delving into further exposition, Nozick asserts that someone owning the entire supply of something necessary for others to remain living does not always mean that appropriations leading up to this ownership left some people in a situation worse than the baseline. In service of this assertion, he cites the case of a medical researcher who finds an effective treatment for a disease but refuses to sell it except on his own terms; the researcher does not violate the proviso because he did not appropriate the chemical materials he used in a way that, through causing scarcity, violated the Lockean proviso. Ultimately, this demonstrates that the Lockean proviso is not an “end-state principle”; the structure of the situation that results is not relevant, but the nature of the actions taken to reach that result is. Following this, Nozick puts forward his belief that a free market system would not actually come into conflict with the Lockean proviso, making the “empirical historical” claim that people&#8217;s concern for the possibility of the proviso&#8217;s violation above other possibilities is only due to the effects of previous illegitimate state action, ending his exploration of the “complication in the entitlement theory introduced by the Lockean proviso. ”</p>
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<p>Nozick then moves on to address what he earlier labeled “the negative argument”: “the use of the claim that people don&#8217;t deserve their natural assets to rebut a possible counterargument to Rawls&#8217; view. He has us consider the following counterargument to Rawls (“E”):</p>
<p>1. People deserve their natural assets. </p>
<p>2. If people deserve X, they deserve any Y that flows from X. </p>
<p>3. People&#8217;s holdings flow from their natural assets. </p>
<p>Therefore,</p>
<p>4. People deserve their holdings. </p>
<p>5. If people deserve something, then they ought to have it (and this overrides any presumption of equality there may be about that thing. )</p>
<p>Because Rawls would rebut this counterargument by denying the first premise, the connection between natural assets being morally arbitrary and the statement that distributive shares should not depend on natural assets is clearer. Here, Nozick attempts to show that the concept of “desert” needn&#8217;t be present in an argument of this sort for it to properly follow. He starts with a new counterargument, “F”:</p>
<p>1. If people have X, and their having X (whether or not they deserve to have it) does not violate anyone else&#8217;s (Lockean) right or entitlement to X, and Y flows from (arises out of, and so on) X by a process that does not itself violate anyone&#8217;s (Lockean) rights or entitlements, Then the person is entitled to Y. </p>
<p>2. People&#8217;s having the natural assets they do does not violate anyone else&#8217;s (Lockean) entitlements or rights. </p>
<p>The argument would then proceed to argue that people are entitled to the fruits of their labor and to what others voluntarily give or exchange with them. Nozick, quite succinctly, phrases his objection to holding equivalence between desert and entitlement:</p>
<p>It is not true, for example, that a person earns Y (a right to keep a painting he&#8217;s made, praise for writing a theory of Justice, and so on) only if he&#8217;s earned (or otherwise <em>deserves</em>) whatever he used (including natural assets) in the process of earning Y. Some of the things he uses he just may have, not illegitimately. It needn&#8217;t be that the foundations underlying desert are themselves deserved, <em>all the way down</em>. </p>
<p>Thus, since people can be described as entitled to their natural assets even if they can not be labeled as deserving of them, then an argument parallel to argument E with &#8216;are entitled to&#8217; replacing &#8216;deserve&#8217; throughout will be valid. Returning more explicitly to Rawls, Nozick then implies that Rawls&#8217; argument is in a bind. Recognizing people&#8217;s entitlements to their natural assets could be necessary to avoid a strict application of the difference principle that would entail even stronger property rights than wealth-redistributive theories usually yield. </p>
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		<title>Nozick on Locke’s Theory of Acquisition, the Lockean Proviso, and Collective Assets</title>
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		<pubDate>Thu, 30 Apr 2009 17:33:44 +0000</pubDate>
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[Readings come from Anarchy, State, and Utopia, Part II, Sections I &#38; II]
Locke&#8217;s Theory of Acquisition
Nozick’s goal in this section of AS&#38;U is to, in his words, “introduce an additional bit of complexity into the structure of the entitlement theory. ” To do this, he uses as a starting point Locke’s approach to justice in [...]]]></description>
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<p>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets/">[Part1]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-2/">[Part2]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-3/">[Part3]</a>&nbsp;|&nbsp;</p>
<p><br/>
<p>[Readings come from <em>Anarchy, State, and Utopia,</em> Part II, Sections I &amp; II]</p>
<p><strong>Locke&#8217;s Theory of Acquisition</strong></p>
<p>Nozick’s goal in this section of AS&amp;U is to, in his words, “introduce an additional bit of complexity into the structure of the entitlement theory. ” To do this, he uses as a starting point Locke’s approach to justice in property acquisition—namely, that ownership of an object originates in one’s mixing of labor with that object. Nozick then proceeds to ask the standard gamut of questions calling attention to some difficulties in Locke’s theory of acquisition, like whether dumping a can of tomato juice in the ocean constitutes “mixing one’s labor” with the ocean. Essentially, the questions seek the strict boundary between what constitutes a mixing of labor sufficient for just acquisition and what does not. Under the Lockean notion of acquisition, it seems that one naïve interpretation would say that improving upon an object entails full ownership of the object. Of course, as Nozick points out, if the stock of improvable unowned objects is limited, this view is unfeasible. He uses the appropriation of a grain of sand as an example of one&#8217;s appropriation removing another&#8217;s liberty (as Hohfeld uses the word) to act on a previously unowned object, but intuitively suggests that this particular removal is not problematic. The central concern, he says, “is whether appropriation of an unowned object worsens the situation of others. ”</p>
<p><! --more--></p>
<p>Here, Nozick introduces a principle aimed at addressing that notion, which he terms “Locke&#8217;s proviso”: that an appropriation must leave &#8216;enough and as good left in common for others. One version of the proviso, if applied consistently, would make all past appropriations disallowed under Locke&#8217;s proviso once a single person&#8217;s situation were worsened by an appropriation. Nozick interjects that this argument actually depends on how stringently the proviso is interpreted. Further, he asks whether persons in a world where there are no more “accessible and useful unowned” objects are indeed worsened, citing numerous empirical considerations favoring private property <em>vis-à-vis</em> its satisfaction of the proviso. The difficulty of the argument, however, lies in answering the question “Lockean appropriation makes people no worse off than they would be <em>how</em>? ” Nozick says answering this question lies beyond the scope of his work; he suggests that discovering the baseline could begin by estimating the general economic importance of original appropriation (say, by the percentage of income based on natural resources rather than human action). He closes with a note that these questions not only must be faced by advocates of <em>private</em> property; all theories of property (like collective property) must still, too, provide a theory of property rights legitimately originate. </p>
<p><strong>The Proviso</strong></p>
<p>Nozick starts off by assuming that any reasonable theory of justice must have some sort of proviso similar to a weak version of Locke&#8217;s. In short, if the position of others <em>no longer at liberty to use</em> an appropriated thing is worsened, a permanent bequeathable right to that thing can not be conferred by any valid process. The emphasis on the mode of worsening is important here, as the proviso does not encompass other modes of worsening, like worsening due to more limited opportunities to appropriate or “worsening” of one seller by another due to an appropriation leading to more market competition. Nozick also suggests that compensation of the appropriator to those whom he is worsening can satisfy the proviso. </p>
<p>Nozick then shifts the focus to justice in transfer, asserting that any theory of just acquisition must account for justice in transfer. Quite centrally, he posits, “If my appropriating all of a certain substance violates the Lockean proviso, then so does my appropriating some and purchasing all the rest from others who obtained it without otherwise violating the Lockean proviso. ” Unlike the earlier argument in which the original appropriation violated the proviso as well as the appropriation which actually left a person worse off, it is only the combination of the original appropriation and the later transfers that is sufficient to violate the Lockean proviso. </p>
<p>Next, Nozick argues that one&#8217;s title to his holding includes the “historical shadow” of the proviso; namely, the title-holder may not transfer it into an agglomeration that violates the proviso, nor may he use it in a way that violates the proviso by making others worse than their baseline situation. </p>
<p><br/>
<p>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets/">[Part1]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-2/">[Part2]</a>&nbsp;|&nbsp;&nbsp;&nbsp;<a href="http://philosophy.intellectualprops.com/summaries/nozick-on-lockes-theory-of-acquisition-the-lockean-proviso-and-collective-assets-part-3/">[Part3]</a>&nbsp;|&nbsp;</p>
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		<title>Mythology of the Feminine (Part 2)</title>
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		<pubDate>Wed, 04 Mar 2009 00:14:02 +0000</pubDate>
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This leads to the greatest area in which females can contribute as much to the ills of the world as men; a place where sociopathic personalities can be expressed into life-long sociopathic tendencies in others. The strongest mythology in society relating to women is most certainly the mythology of motherhood. The pains [...]]]></description>
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<p>This leads to the greatest area in which females can contribute as much to the ills of the world as men; a place where sociopathic personalities can be expressed into life-long sociopathic tendencies in others. The strongest mythology in society relating to women is most certainly the mythology of motherhood. The pains of child labor are respected; child rearing is revered. While there is truth to those troubles of motherhood, they are frequently used to excuse the actions of mothers everywhere. Even mothers cite it themselves, as a trump card in any dispute: “I brought you into this world! I raised you! You came out of my vagina! ” That suffering is treated as a blank check that absolves any future actions on the mothers’ part – a great thing for the mother, considering all that’s needed to get that check signed is to have sex and give birth. Motherhood, by this principle, equates to a kind of moral ownership.</p>
<p>The moral omnipotence of motherhood is, unsurprisingly, pragmatically appropriate. The power disparity between parents and children is the greatest power disparity in the world. This applies to fathers, obviously, but because the role of females has developed as the primary caregiver, mothers are in a position to exercise this power disparity on a more frequent basis. Power disparities can be accompanied by abuse, and when the mechanisms that check that abuse are eliminated, the abuser is in an ideal position to extract the maximum from the abused. Generally, if someone encountered someone who was manipulative, even only once physically abusive, or simply uninteresting, among other unpleasant characteristics, they would choose not to associate with that person. Yet a majority of people always return to their parents’ sides and take care of them in old age, repeating adages like “love thy father and mother&#8221; a phenomenon most certainly attributable to that initial power disparity. Everyone would look at a man walking up to an adult in a wheelchair and beating him up and verbally abusing him as a most horrid moral act. The great irony, of course, is that the man in a wheelchair has infinitely greater power than a young child does.</p>
<p>Just by this intuition, it&#8217;s easy to argue that the worst kind of violence that can be committed is to abuse children. Mothers are in an optimal position to do this. Given the omnipresence of familial mythology, mothers’ primary caregiving, and the clearly frequent exercise of parental power, it is impossible to conclude that females have some kind of intrinsic immunization against the use of violence. While they may be more hesitant or less disposed to commit direct acts of bodily harm, they are most importantly <em>not less likely to commit ethical wrongdoing</em>.</p>
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		<title>Mythology of the Feminine</title>
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I don&#8217;t think I&#8217;ve covered feminism anywhere in my blog, so I&#8217;d like to quickly render my position for reader reference. It&#8217;s certainly more nuanced than what I&#8217;ve provided with the following, but this will be a start. I bring this up because I was recently reviewing Charlotte Perkins Gillman’s Herland, which portrays a society [...]]]></description>
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<p><br/>
<p>I don&#8217;t think I&#8217;ve covered feminism anywhere in my blog, so I&#8217;d like to quickly render my position for reader reference. It&#8217;s certainly more nuanced than what I&#8217;ve provided with the following, but this will be a start. I bring this up because I was recently reviewing Charlotte Perkins Gillman’s <em>Herland, </em>which portrays a society run solely by women. It&#8217;s also been the object of a renewed wave of radical separatist feminism, which often is based on the premise of some sort of fundamental dissimilarity between men and women that makes civil society with both genders unacceptable. &#8211;more&#8211;>While the past century of feminism has brought forward proper recognition of the human equality of women, it has also brought with it an expansive baggage of mythology about the inherent characteristics of women, particularly in contrast to those of men. Trying my best not to create a straw man here, I’m going to summarize some elements of the mythology in question, initially held only by feminist thinkers on the fringe of social thought, but later trickling into popular culture: women are more gentle and caring than men; men are bloodthirsty, violent, possessive, etc. whereas women are not; women seek to always make everyone happy and prefer to cooperate, while men are selfish and competitive; and so forth. <ins datetime="2007-12-08T15:42" cite="mailto:Chris%20K"> </ins>These beliefs are not restricted to radical feminists, but are often held to some degree in common social views on gender. </p>
<p>Fundamentally, each gender’s relationship to violence is the most important element of this mythology. The most basic and obvious evidence is often cited to demonstrate that women are just as capable of violence as men. In the most limited and conventional sense they certainly are: some have committed violent crimes, some have become soldiers who have fought on the front lines. It&#8217;s not only males who have committed the very direct acts of harming another human being. This isn’t an appealing answer to most forms of the feminine mythology, which can always respond by citing that men have a higher tendency to do so or that women only do those things because they are made man-like, generally finding some rationalization of the most basic evidence against their position. </p>
<p>And fairly enough, that basic evidence simply lacks nuance. Female violence goes beyond just what I described there, though: women have also been cooks, mechanics, and played other support roles for war machines. They have become police officers. They have become <em>politicians! </em>One needn’t shed blood immediately with his (or her) own hands to be violent, but naturally the same mythology that obscures and sanctions the violence of the state has also rendered women immune to the same criticism. Few people would reject the following principle: that not only is ordering and directing violence an act of violence, but complicity in violence is also to some degree a violent act by the complacent. Just because men have been biologically selected to physically act out the violence does not mean that the participants in the support system for those acts of violence are somehow above it. Indeed, female social circles appear plagued with conflict and generally the antithesis of cooperation. As the anecdotal evidence goes, women conspire against each other, betray trust, can generally behave in a passive-aggressive manner, etc. These are not violent acts <em>per se</em>, but still express a similar sociopathic character as male physical violence. </p>
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		<title>Heroes and Henchmen: The Lost Tale of the Individual</title>
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		<pubDate>Fri, 20 Feb 2009 16:30:38 +0000</pubDate>
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		<description><![CDATA[John Boorman’s Excalibur (1981) is a majestic tale of a prophecy, a king, his wizardly guardian, and the many heroes of his quest. This makes for awesome battle scenes, no doubt, as well as slow-motion 80s sex scenes that always involve the presence of a fire place, fire pit, or 30-plus candles, and bad 80s [...]]]></description>
			<content:encoded><![CDATA[<p>John Boorman’s <em>Excalibur</em> (1981) is a majestic tale of a prophecy, a king, his wizardly guardian, and the many heroes of his quest. This makes for awesome battle scenes, no doubt, as well as slow-motion 80s sex scenes that always involve the presence of a fire place, fire pit, or 30-plus candles, and bad 80s hair. A byproduct of battle scenes, and sex that eventually leads to more battle scenes, is a lot of dead people.</p>
<p><span id="more-10"></span>Movies generally incorporate this formula for much entertainment, but who’s going to be on the receiving end of a shield bash and a spear to the face? Oh, countless evil henchmen, how we appreciate thee for thy action-opportunity-creating-and-often-ineffectual-bodies: Hide-clad barbarians; tin-can black knights; stormtroopers and TIE pilots; the endless baddies who get tooled by Superman, Batman, and James Bond; the dudes who get their asses kicked one by one by Bruce Lee. In their stories, those dudes are evil &#8211; all of them. I’ll grant at the very least the premise that they either had it coming for working for some nefarious jackass, or were simply caught in the middle of what was their ass-kicker’s right to defend himself, avenge his family, champion his people, protect the rainforest fairies and trees, or defend his right to defend himself.</p>
<p>But what about the red-shirted Ensigns of the moving picture world? The good guys who are slaughtered beyond count? I particularly remember one scene in Excalibur in which Arthur, in his campaign to unite the fiefdoms under his control, joins a siege in progress. Countless troops die on both sides, until Arthur reaches the enemy lord, and the lord surrenders when Arthur’s ready to claim his severed testicles in the name of Camelot. But the lord then proclaims his undying allegiance to the great King Arthur. Meanwhile, obscurely in the backdrop, dead and dying soldiers lie scattered everywhere, now allies in being the “good guys,” probably wondering “well, what the fuck was all that for?” But: “the story? it’s not about <em>them</em>.”</p>
<p>This is exactly what I want to talk about here. Fine, it’s a story, I get it, a pretty good one at that. But when warnography is everywhere in which the lives of the pawns don’t matter as long as we’re “looking at the big picture,” how does this translate into our values? Over 4000 soldiers dead in Iraq; don’t worry, we’ve got 1.1 million more of them. 1 million Iraqi civilian casualties; no problemo, they’ve got 27 million more who are freer than ever! Yes, sometimes losses are inevitable, and trade-offs must be made to protect life. Recognition of this fact, however, does not require ideological indoctrination that “little” trade-offs are always acceptable as long as you look at the big picture, because it essentially puts a utilitarian or otherwise freaky morally mystical spin on things which can lead to all kinds of horrid moral results.</p>
<p>I can imagine a myth-loving, military-masturbating, “individualistic” conservative who likely enjoyed an excellent childhood with love, hugs, and divine command saying now: “What are you some kind of dipshit communist! If everything were up to you there would be no heroes! Every story would be about living in a shit-hole gulag! Everybody would be fucking starving! Get real asshole!!!!”</p>
<p>As interesting as the prospect of getting real asshole is, my position does not imply that stories should be egalitarian, proletarian, collectivist, etc. in their character developments. This is the conclusion fallaciously drawn by leftists, rightists, centrists, and other douchebags inhabiting the discontinuous function of mainstream social and political thought. We live in an era of false dichotomies: you&#8217;re either a Democrat, or a Republican. You either want to tax everyone to hell for large welfare programs, or you want to tax everyone to hell to fund large foreign wars. You&#8217;re either with our terrifying rampage of violence around the world, or you&#8217;re a terrorist who wants to kill Americans. The cliché is at least superficially correct: the world isn’t just black and white. In fact, it’s white, and non-white, but everyone seems to be thinking in terms of red and blue. It’s the false dichotomy with which we’re being constantly presented in mainstream culture, whether it’s in political values, in social dialogue, or in art forms. Much like how not all political systems are not stuck between the imaginary poles of the individual’s success at the expense of society (fascism) and &#8220;society’s&#8221; success at the expense of the individual (socialism), not all portrayals of individualistic triumph need be subjected to this false dichotomy. On one hand, anything that challenges tales of kings or valiant warriors is a communistic, individual-hating endeavor, and anything that demonstrates proud and successful individuals must be selfish aristocratic capitalism that disregards everyone else’s well-being, alienates the worker, and rapes carebears.</p>
<p>It’s certainly true that there is an expressive utility in focusing on individual characters and their heroic displays of virtue; in great irony, even collectivists will invoke this, because reality forces them to. Talking about how a class triumphed over another class can maybe last them a poem, song, or national anthem, but then they simply run out of actions a gelatinous blob of a concept can possibly do before lapsing into overt absurdity. Classes can, well, triumph, struggle, march, protest, fight, and if you’re feeling particularly loose with your concepts, shout a slogan in unison, carry a banner/flag, etc. They can’t tell a joke, smoke a cigarette, be introspective, walk down empty streets and encounter an old friend, among all the other things that fun characters do in interesting stories.<em> In Soviet Russia, concept define YOU!</em></p>
<p>However, in good art, individual triumph goes beyond mere artistic instrument to become the theme and essence of the art itself. In the case of Arthurian myth, or the exaggerated tales of Che Guevara, there is individual triumph, but that triumph is geared toward the attainment of some good beyond the individual. They dramatically sacrificed themselves as a bright and shining light from the sky enveloped their body, filling them with erotic love for swords and mankind and what-not. Their actions moved toward the fulfillment of some prophecy set long before their births, whether it was the return of the king’s rule with Excalibur at his side, or the victory of the working class over the evil capitalists. Philosophically, both of these narratives are a heap of garbage, though perhaps entertaining as fiction- in suspension of disbelief. Yet stories like these must certainly affect society’s values, or, rather, reflect society’s values. The easy story this might tell is that people hold different viewpoints. What this tells me is that society is wildly revolving between different versions of what is effectively the same viewpoint: that the individual does not determine goodness, but something up and above him does. I guess this is what’s necessary to make a war film- an interesting one- just like this is what’s necessary to make a war, period.</p>
<p>Excalibur, overall, is a cool movie. A keen eye must be pointed toward it and movies of its kind, however, to distinguish entertainment from pure warnography- those stories and images that get us habituated to and accepting of the use of state violence. Even more importantly, we must not let the “big picture” conception of &#8220;the good guys winning&#8221; lead anyone to believe that the individual can be, without his consent, forfeited on the behalf of any cause. Beyond that, we must also prevent the “big picture” from leading anyone to believe that the individual should ever feel a moral obligation to forfeit himself to the satisfaction of fictional moral rules. Parental influence, religious parasitism, and mass-media warnography generate moral demands and glorification of sacrifice and violence in children’s minds, perpetuating violence in the world. So next time you’re watching Star Trek, take a moment to lament the Ensign who beamed down and never came back.</p>
<p>Here&#8217;s a link to the movie on Amazon, with an excellent price. Hot 80s sex scene for $2.50 + shipping? awesomes!</p>
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		<title>A Wittgensteinian Answer to the “Problem” of Induction: Why the Scare Quotes are Merited (Part 4)</title>
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		<pubDate>Sun, 11 Jan 2009 16:55:51 +0000</pubDate>
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By our having thrown out realism, the only case of error that can even be meaningfully considered is where some theory posited based on sense experiences is later falsified by a subsequent sense experience. On our view, this is no longer a problem with induction, of course. It is merely a case in which a [...]]]></description>
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<p>By our having thrown out realism, the only case of error that can even be meaningfully considered is where some theory posited based on sense experiences is later falsified by a subsequent sense experience. On our view, this is no longer a problem with induction, of course. It is merely a case in which a particular induction has been identified as “bad” through induction. </p>
<p>Undoubtedly, we can be continually pressed to justify each successive answer we have given. Why shouldn’t we doubt mortality, or anything else foundational to the above discussion? Certainly, there is a point at which we can no longer give any justification, yet it is the very point from which we get our notion of justification. We do superficially agree with the skeptic that such foundational propositions lie beyond any empirical verification, but this is only because our notion of empirical verification is solely derived from these kinds of propositions. At some point, we must reach bedrock: certain beliefs “underlie all questions and thinking. ”<a name="_ftnref8_2579" href="#_ftn8_2579">[8]</a> Even if we imagined the most hard-core doubter telling us that we have “no reason” to believe the “biological myth” of death, he could not be using anything but human-contextual concepts in, say, appealing to our self-interest through telling us that what we believe is false and that we ought to change it. In that way, doubt is only possible with knowledge, so an all-encompassing, ‘hyperbolic’ doubt is clearly nonsensical; in even thinking of that doubt, much more <em>communicating </em>that doubt, we are invariably asserting things that we know. </p>
<p>In addition to questioning the logical feasibility of Hume’s general argument against induction, we have now also supplemented it with an answer to the fundamental question of how we separate good inductions from bad inductions. Most importantly, we have shown how a careful examination of the terms at play in the argument against induction demonstrates how it relies on a contrived sense of necessity as a criterion for justification and improperly treats this idea of necessity as standing independently of induction. In this, we showed how induction is, in fact, the basis of all criteria in evaluating the justification of our beliefs. Then, in addressing the metaphysical problem, we showed how meaningful criteria are generated against a back-drop of goal-oriented action. </p>
<p>With this answer to the supposed problem of induction in hand, we have a kind of argument which, when generalized, defeats skeptical arguments against empiricism. By reducing our criteria for the truth or falsehood of a proposition to its relation to strictly sensory phenomena, we have removed the possibility of skeptical error, and brought the concept of error within the boundaries of the senses: we can only be mistaken in a sense that is relative to other sense experiences. Hume, imaginably, would have appreciated this, as he did not desire to be a thoroughgoing skeptic; he only wished to fight off philosophical phantoms, much like Wittgenstein did. Again, like Wittgenstein, he sought a rational basis for our norms of speech and action, but found the answers of philosophers to be mystical and woefully deficient. Indeed, he did not see a convincing means of showing how we could justifiably believe in induction, and retreated to a seemingly resigned position of “custom and habit. ” Our goal here, as was Wittgenstein’s goal, was to show how we are justified in believing in our senses, and thus induction—without resignation. </p>
<hr size="1" /><a name="_ftn1_2579" href="#_ftnref1_2579">[1]</a> Vickers, John, &#8220;The Problem of Induction&#8221;, <em>The Stanford Encyclopedia of Philosophy</em> (Winter 2008 Edition), Edward N. Zalta (ed. forthcoming URL &lt;http://plato. stanford. edu/archives/win2008/entries/induction-problem/&gt;. </p>
<p><a name="_ftn2_2579" href="#_ftnref2_2579">[2]</a> Ibid. </p>
<p><a name="_ftn3_2579" href="#_ftnref3_2579">[3]</a> Ibid. This exposition of Hume’s account of the problem is paraphrased from this source. </p>
<p><a name="_ftn4_2579" href="#_ftnref4_2579">[4]</a> Ibid. section 2: “Hume”</p>
<p><a name="_ftn5_2579" href="#_ftnref5_2579">[5]</a> Ibid. section 7: “Hume’s Dilemma Revisited”</p>
<p><a name="_ftn6_2579" href="#_ftnref6_2579">[6]</a> The Wikipedia entry on <em>Philosophical Investigations </em>explains Wittgenstein’s approach well, at <a href="http://en. wikipedia. org/wiki/Philosophical_Investigations#Method_and_presentation">http://en. wikipedia. org/wiki/Philosophical_Investigations#Method_and_presentation</a></p>
<p><a name="_ftn7_2579" href="#_ftnref7_2579">[7]</a> <em>Tractatus</em>, 3. 031</p>
<p><a name="_ftn8_2579" href="#_ftnref8_2579">[8]</a> <em>On Certainty </em>pp. 415. </p>
<p><br/>
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