Chris Bertram

The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in defining property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal human interests and dispositions.

It is often claimed that states enjoy, as a consequence of their sovereign status, the right to control the passage of outsiders through their territory and that they have a discretion to admit or to refuse to admit outsiders, whether those outsiders be tourists, business travelers, would-be economic migrants, or even refugees. Or, to be more exact, such limitations on that right to control are derived from the agreement of states to treaties and conventions, agreement which they could have withheld and could yet revoke. As a statement of the legal position this is not completely uncontroversial,1 but my aim in this paper is not to make a contribution to international law or law at all. Rather, my concern is with political philosophy and with the issue of whether..

This chapter demonstrates that Rousseau sets out no systematic moral theory of his own but rather a series of theories about other matters which contain remarks and opinions relevant to ethics, beginning with a discussion of his theory of psychological development. It then explores a number of possible answers to the questions: what, according to Rousseau is morality, and why should we be moral? Next, the chapter explains the meaning of Rousseau's natural goodness thesis. It presents two main accounts of how individuals can achieve a flourishing and satisfied life, the first of which is Rousseau's educational theory, as articulated in Emile; the second is the political philosophy he advances in the Social Contract.

Jean-Jacques Rousseau remains an important figure in the history of philosophy, both because of his contributions to political philosophy and moral psychology and because of his influence on later thinkers. Rousseau's own view of philosophy and philosophers was firmly negative, seeing philosophers as the post-hoc rationalizers of self-interest, as apologists for various forms of tyranny, and as playing a role in the alienation of the modern individual from humanity's natural impulse to compassion. The concern that dominates Rousseau's work is to find a way of preserving human freedom in a world where human beings are increasingly dependent on one another for the satisfaction of their needs. This concern has two dimensions: material and psychological, of which the latter has greater importance. In the modern world, human beings come to derive their very sense of self from the opinion of others, a fact which Rousseau sees as corrosive of freedom and destructive of individual authenticity. In his mature work, he principally explores two routes to achieving and protecting freedom: the first is a political one aimed at constructing political institutions that allow for the co-existence of free and equal citizens in a community where they themselves are sovereign; the second is a project for child development and education that fosters autonomy and avoids the development of the most destructive forms of self-interest. However, though Rousseau believes the co-existence of human beings in relations of equality and freedom is possible, he is consistently and overwhelmingly pessimistic that humanity will escape from a dystopia of alienation, oppression, and unfreedom. In addition to his contributions to philosophy, Rousseau was active as a composer and a music theorist, as the pioneer of modern..

Liberal egalitarian political philosophers have often argued that private property is a legal convention dependent on the state and that complaints about taxation from entitlement theorists are therefore based on a conceptual mistake. But our capacity to grasp and use property concepts seems too embedded in human nature for this to be correct. This essay argues that many standard arguments that property is constitutively a legal convention fail, but that the opposition between conventionalists and natural rights theorists is outmoded. In doing this, the essay draws on recent literature in evolutionary biology and psychology. Even though modern property in a complex society involves legal conventions, those conventions should be sensitive to our natural dispositions concerning ownership.