Tag Archives: institutions

Carol Rose on the moral subject of property

Rose, C. M. (2007). The Moral Subject of Property. William and Mary Law Review, 48(5), 1897–1926.

In this beautifully written article, Carol Rose makes the argument that although property arrangements might seem unfair or unjust in many respects (how it is acquired, how it is distributed across society, its effect on the commoditization of sacred or moral aspects of social life), the institution of property is nevertheless beneficial for society at large insofar as it creates stability and incentives for individuals to take care of their property, invest, trade and create more value for society at large in the long run. So even when arrangements are not perfect in many specific cases (because they have morally questionably implications), it’s better to tolerate these shortcomings and to apply the established rules of ownership acquisition and distribution, because “property, as an institution, requires stability in people’s expectations about their own and other people’s claims.”

The article also contains a couple of nice quotes about one of my favorite topics: the relationship between associative and strict reciprocity: “Gift exchange cements community bonds-from a community of two on up to many more-keeping all the participants in a vague but nevertheless socially and emotionally charged condition of mutual give and take.” “(…) Gift giving differs from market exchange because through gifts, each party engages in imaginative participation in the life of the other, helping to cement relationships.”

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Possession as the origin of property

Rose, C. M. (1985). Possession as the Origin of Property. Faculty Scholarship Series. Paper 1830.

Fascinating, beautifully written article by Carol Rose explaining the relationship between possession (especially first or prior possession) and ownership from the point of view of legal theory.

Many psychologists investigating ownership in children have tried to disentangle first possession from other principles such as invested labor. Also, psychologists have tended to consider possession as a kind of direct, physical relationship between a person and an object. Rose, however, provides reasons to mistrust those positions and makes clear that possession is much more complex than common sense dictates, for three reasons at least:

1) Legal decisions that supposedly applied a first possession doctrine (e.g., the famous Pierson v. Post case) incorporate other principles as well, such as “reward to useful labor”. Actually, John Locke’s labor theory of property can be seen as very close and akin to the first possession principle. He makes it clear that it is the first agent who takes control of a natural resource through her work that gains ownership over it. He uses the simple example of picking an apple: the apple becomes mine when I pick it because I have added my labor to it and made it my property. Notice that, in this case, the added labor is minimal, and the crucial factor is that I picked the apple before anybody else. First possession and labor theories of ownership are similar and related to each other; they even imply each other.

2) Possession is not a direct grasping or grabbing of an object. Possession only takes place in the context of intersubjective conflict, or at least competition and potential conflict. Although there are precursors of possessiveness and territoriality in animals, human possession is not a purely natural, physical relationship between a person and a thing. Rather, it is a social act that follows proto-institutional or institutional (in Searle’s sense) rules.

3) Among those social and proto-institutional rules, the rules establishing what counts as giving public notice of an act of possession play a crucial role. For instance, what does a conqueror need to do in order to announce to the world that she has discovered virgin territory and therefore has a legal claim over it?

According to Rose, “common law defines acts of possession as some kind of statement. As Blackstone said, the acts must be a declaration of one’s intent to appropriate.” “Possession now begins to look even more like something that requires a kind of communication, and the original claim to the property looks like a kind of speech, with the audience composed of all others who might be interested in claiming the object in question. Moreover, some venerable statutory law obligates the acquiring party to keep on speaking, lest he lose his title by “adverse possession.”

Possession then requires the possessor to perform certain speech acts (in the technical sense this term has for speech act theory).

I quote Rose again:

“Possession as the basis of property ownership, then, seems to amount to something like yelling loudly enough to all who may be interested. The first to say, “This is mine,” in a way that the public understands, gets the prize, and the law will help him keep it against someone else who says, “No, it is mine.” But if the original communicator dallies too long and allows the public to believe the interloper, he will find that the interloper has stepped into his shoes and has become the owner.”

“Similar ideas of the importance of communication, or as it is more commonly called, “notice,” are implicit in our recording statutes and in a variety of other devices that force a property claimant to make a public record of her claims on pain of losing them altogether. Indeed, notice plays a part in the most mundane property-like claims to things that the law does not even recognize as capable of being reduced to ownership. “Would you please save my place?” one says to one’s neighbor in the movie line, in order to ensure that others in line know that one is coming back and not relinquishing one’s claim.”

“Thus, it turns out that the common law of first possession, in rewarding the one who communicates a claim, does reward useful labor; the useful labor is the very act of speaking clearly and distinctly about one’s claims to property.”

 

 

Children think that creative labor justifies ownership transfers (Kanngiesser)

Text #10

Kanngiesser, P., Gjersoe, N., & Hood, B. M. (2010). The effect of creative labor on property-ownership transfer by preschool children and adults. Psychological Science : A Journal of the American Psychological Society / APS, 21(9), 1236–1241.

Another important study by Kanngiesser.

Let me first paste the abstract:

“We investigated whether preschool children and adults believe that ownership of one person’s property is transferred to a second person following the second person’s investment of creative labor in that property. In our study, an experimenter and a participant borrowed modeling-clay objects from each other to mold into new objects. Participants were more likely to transfer ownership to the second individual after he or she invested creative labor in the object than after any other manipulations (holding the object, making small changes to it). This effect was significantly stronger in preschool children than in adults. Duration of manipulation had no effect on property-ownership transfer. Changes in the object’s identity acted only as a secondary cue for children. We conclude that ownership is transferred after an investment of creative labor and that determining property ownership may be an intuitive process that emerges in early childhood.”

First reflection: even though from our theoretical point of view we like to distinguish between things like “creation”, “discovery” or “transformation though the investment of labor”, maybe these are not too different from each other from the point of view of the child. That is, in all these cases, there is an agent that develops a purposeful and laborious activity on the object that is transformed as a result; and that is transformed into something that is either beautiful, or useful, or has value in some way. So children (and humans in general) understand that value is created through an agent’s activity. (This is Locke’s thesis, and it’s also part of our common sense). Once you think about it in this terms, it makes sense that children don’ pay attention to things like “duration of possession” or minor manipulations of the object; they don’t follow such mechanistic criteria, they look at transformations that make sense.

This paper, therefore, does not belong to the topic of “ownership transfer” but to the topic of “ownership claims”, in my opinion. If you take the duck and make an ashtray, you might say that the ownership of the play dough was transferred. But you can also say that you destroyed the duck and created an ashtray. You are the owner of the object you created (ownership principle).

“When asked to justify their property ownership decisions, 3-year-olds never mentioned creative labor, whereas 4-year-olds justified ownership transfers with explicit reference to creative investment. Moreover, we found that for children, the main component of creative labor was the invested effort, and the secondary component of creative labor was changing an object’s identity.” “We found that this transfer overruled an established bias to assign ownership to the individual who first possessed an object.”

“We found that children transferred ownership more frequently after making small changes to another person’s object than after possessing the same object, a result suggesting that children’s ownership judgments may even be finely calibrated to the amount of effort invested in an object.”

Creative labor has an effect on ownership judgments in adults, but the effect is less pronounced in adults than in children.

Perret-Clermont on knowledge-oriented argumentation

Paper #2

We continue with another article by Perret-Clermont and her collaborators, in this case: Perret-Clermont, A. N., Breux, S., Greco, S., & Miserez Caperos, C. (2014): Children and knowledge-oriented argumentation. Some notes for future research. In Language, reason and education. Studies in honor of Eddo Rigotti. Bern: Peter Lang.

The authors of this paper claim that classical studies of children’s argumentation over-emphasize the internal, cognitive aspect of argumentation while underestimating the role of the social context. Psychological research tends to neglect the interpersonal and institutional context in which psychological processes such as argumentation take place.

Of course, as it is obvious for the followers of this blog, I agree with the previous claims. I believe, however, that the authors should offer a clarification of what they understand by “institutions” (they don’t define the term in the paper). They seem to refer to social organizations such as school, family or research team. They seem to be concerned especially with school context, because they suggest it should be possible to design pedagogical interventions that are informed by the theory of argumentation (i.e., create more democratic schools in which students exchange reasoning and opinions freely).

I prefer to give the term “institution” a broader meaning (based on Searle’s theory, as I’ve explained elsewhere). This broader use involves treating “promises”, “ownership”, “barter” and other social practices as “institutions” and thus allows us to see institutionally-rooted argumentation everywhere in the daily life of children (not only in school while engaged in learning activities).

One interesting distinction the authors draw (although not explicitly enough) is that between competitive or adversarial argumentation and knowledge-oriented argumentation. You can find examples of the former in arenas such as politics and litigation. Competitive argumentation aims at proving one party right and the other wrong for whatever means; it’s about destroying the other’s arguments while making one’s own point of view triumph. In this scenario, one never doubts one’s own point of view (the position one wants to defend is a fixed premise). In other words: in competitive or adversarial argumentation there’s no win-win situation; for one party to win the other must lose (zero-sum result). This might involve, in some cases, launching psychological warfare aimed at undermining the other party self-confidence or destroying her emotionally.

Knowledge-oriented argumentation, by way of contrast, is not concerned with defending a fixed position. Rather, it’s about collaborating with others in order to discover something. In knowledge-oriented argumentation, we all work as a team in order to explore all possible points of view about a given topic. Thus children as well as adults have moving standpoints when they are engaged in knowledge-oriented argumentation.

I’m still thinking about these different dimensions of argumentation. One can either compete or collaborate with one’s interlocutor. Competition can play out rationally (one plays by the rules and respects the adversary) or brutally (one wants to win whatever it takes). Collaboration can also play out rationally (we explore all possible points of view and reasons together) or irrationally (we don’t want to diverge from the rest of the group so we just assent to whatever reasons they present while suppressing our own point of view).

Summary of my presentation at the fairness conference

I like the summary Erin Robbins and Philippe Rochat wrote for my presentation at the Fairness Conference (Emory University, 2012). It really captures the spirit of what I was trying to convey. It goes as follows:

Gustavo Faigenbaum from the University Autonoma de Entre Rios in Argentina (“Three Dimensions of Fairness”), in contrast to the preceding two evolutionary perspectives, argues that in understanding fairness, individual morality has been overrated and institutions underrated. To this end, Faigenbaum advances several claims that draw from both psychological and philosophical theories. First, he argues that institutional experience shapes concepts of fairness. This is evident in children’s interactions in schoolyards, where they engage in associative reciprocity (sharing with others to build alliances and demonstrate social affinities) rather than strict reciprocity. At the level of adult behavior, this associative reciprocity is also evident in gift-giving rituals. Second, Faigenbaum argues that possession and ownership are the most important institutions in the development of fairness reasoning because they involve abstraction and are the first step in the development of a deontological perspective.

Concepts of morality do not need to be evoked; he argues that research on children’s protests of ownership violations reflect an emphasis on conventional rather than moral rules. Faigenbaum concludes by arguing that participation in rule-governed activities is sufficient to create mutual understandings about what constitutes fair exchange (per philosopher John Searle’s “X counts as Y” rule). Developmental research demonstrates that fairness is an autonomous domain of experience that is fundamentally tied to institutions and cannot be reduced to moral reasoning proper.

The complete presentation is available at youtube (http://www.youtube.com/watch?v=ZZcLicg_Dw8) yet the sound is terrible and it’s practically impossible to listen to.