Property As Legal Construct

Property appears an abstract, transcendent, metaphysical concept from afar but on closer inspection reveals itself to be legally constructed. Like ‘person,’ property obtains its philosophical traction from a legal, economic, and social imperative to distribute resources, and thus, wealth and power.  As a canonical legal textbook puts it, the “property system” that results from a particular set of legal arrangements can “order relations”; it can “confer benefits and impose burdens.” The law describes how it is acquired by discovery, capture, creation, being found, adverse possession, and gift. These accommodations of property are so fundamental that property is written into our conceptions of ourselves, in claims that “every man has a property in his own person.”

This taxonomy of ways of acquiring property highlight particular modes of interaction with the world in terms of their property creation properties: ‘this way of interacting with the world counts as an acquisition of property if it meets the requisite legal conditions’; the workings of the common law of property are refinements, over an extended period of time, of these interactions. Law thus provides a specification of the conditions under which humans interact with the world to bring property into being, and how other humans should accordingly interact with a world in which property exists, if they are to avoid particular consequences arising from regulations that preserve the categorization of particular objects as property. (Computer software—in its binary and text forms—had to be legally demarcated as ‘ownable’ and ‘copyrightable’ before it could be termed ‘property’ of any kind.) These consequences could, for instance, interfere with ends and purposes served by the provision of private property. The law of property demarcates a range of possible actions and restrictions on our freedom; various pushings, proddings, and pokings of the world become illicit because they may constitute, for instance, ‘trespass on chattels.’ This categorization of the world into property and not-property acquires ontological significance: property becomes part of our socially constructed reality, reconfigurable if social needs change.

Property is not discovered; it is made, not by the act of mixing labor with supposedly ‘fallow land,’ as Locke would have had it, but by the scaffolding provided by the surrounding legal system. Property is a wholly positivistic legal concept; it makes a supposedly natural right ‘real’ and acquires its ontological weight from law. The legal conceptions of property are indifferent to the kinds of property system they create: different sets of rules create different systems, with different balances of power for owners and others; such allocations of property might lock in and preserve existing power relations.

The best justifications—philosophical ones—for system of property are pragmatic, outcome oriented ones. There is no ‘natural’ or ‘objective’ independent basis upon which to rest the ‘protection’ of property:

The property concept had no determinate meaning or positive content. It was a contingent decision whether the owner of the factory machinery should also own the products of the factory, or whether the owner also should control the management of the plant. [Gary Peller, The Metaphysics of American Law, 73 Cal. L. Rev. 1151 (1985)]


Yet Another Teaching Self-Evaluation

Time again, for a teaching self-evaluation. This semester, I taught three classes, and ran three independent studies. This workload was a mistake. I use the term ‘mistake’ because I signed up for those independent studies; that is, I chose to over commit myself. I had foolishly imagined I would be able to do justice to these multiple commitments; I soon found not I could not keep up. The result was one of the most disorganized semesters I’ve ever suffered–or made others suffer. The time taken up by class meetings–including the discussion sessions with my independent study students–and class preparations, reading weekly written responses, grading, office hours, and so on, quickly swamped many other commitments; and I failed to respond with adequate organization. (Yes, that dreaded ‘time-management.’) My students felt this lack of disorganization; I constantly felt harried, underprepared, late, and negligent. Several students complained to me that I did not respond to their emails in time; in each case, they were correct. I also committed the mistake–out of sheer emotion and physical weariness–of not sticking to my specified restrictions on assignment deadlines; the result was a blizzard of late submissions and resubmissions. Which of course just further increased my sense of disorganization. One manifestation of my harried feeling this semester was that I walked out of a class meeting when it became apparent to me no one had done the reading; I’ve done this three times in my fifteen years at Brooklyn College, and on each occasion, the fury I evinced left me feeling empty and spent. And my students bewildered.

What went well? I enjoyed great classroom interactions–of varying kinds–with two out of my three classes. Two of my three independent studies went well in terms of the quality of the discussions I had with my students. I used new syllabi for all classes; this was required for one class, which was new, while the other received makeovers; and in general, my selections–four ‘religious novels’ for my Philosophical Issues in Literature class; Plato, Hume, and Nietzsche for my Landmarks in Philosophy class; and Marx, Weber, and Durkheim for my Social Philosophy class–went over well with my students. (Some students, quite understandably, found the assigned readings from Weber a little too dry.) Many students impressed me with the quality of their responses to the readings, and by the sophistication and thoughtfulness of their papers. Some told me they enjoyed my teaching; an affirmation that is always gratifying. Some of these responses, to be honest, brought tears to my eyes; they included comments about my ‘passion for teaching’ and how I had ‘taught them a lot.’ I do not think I can adequately convey my emotional state on hearing my students express themselves so openly and emotionally to me in these personal and private encounters. I also think I did a good job in my one-on-one interactions with students when going over their papers with them; almost everyone I worked with told me they found these sessions useful.

So, another semester of learning–in both directions–comes to a close. Teaching remains my greatest philosophical passion; and my partners in this enterprise–my students–continue to enrich my engagement with philosophical thinking. I’m looking forward to the summer’s travel and writing plans, but I’m also looking forward to the teaching in the fall–more new syllabi, more unread books to be worked through. Hopefully, I’ll be a little wiser then too, and will have learned from this semester’s mistakes.

Old Battles, Still Waged: Accepting ‘Defeat’ In Self-Improvement

Over the past couple of days, I have engaged in a time-honored academic ritual: the cleaning of one’s office. Old books, journal articles, student papers and blue books, random handouts from academic talks, conference badges–all fodder for the recycling bin. But I went further, looking for especially archaic material; and I found it in my graduate school notebooks. Scribbled notes from graduate seminars filled their pages; but much else too. In their pockets I found syllabi and handouts; and on their back pages, many, many notes written to myself during the seminar class period.

Some of these notes are simple reminders to myself: submit forms, pick up checks, finish reading etc. Yet others are financial calculations; in graduate school, I always lived on the edge, and frequent checks of my financial health were necessary. These, as can be seen, often distracted me even as I thought about metaphysics and ethics. And then, perhaps most poignantly, I find little injunctions and plans for self-improvement: eat more of this, eat less of that, run more, workout regularly, reading and writing schedules, smoke less or quit; and on and on. Sometimes I offer exhortations or admonitions to myself. These blueprints for a new me occur with some regularity; they represent a recurring concern of mine.

Those concerns and the ways in which I negotiate with them persist.

I still make lists of plans, I still draw up schedules of work and abstinence; I’m still struggling. Now, you can find the blueprints I speak of in my hard drive, tucked away into files; I don’t scribble them anymore.  But I continue to obsess over how I can get over this weakness, this flaw, this thing that is ‘holding me back’; I continue to obsess over how I can ‘change’ and ‘improve’ and be ‘better.’ When I see my notebooks, I see that I’m fighting many of the same battles that I used to fight back then; against distraction, anxiety, lack of discipline in my personal habits, in my ‘work ethic.’ I used to dream of transcending these, of moving on; it seems like I still am. Perhaps battles that have been waged this long are indicators of persistent failure on my part, a depressing thought at the best of times.

I’ve often written on this blog about the difficulties and myths of ‘self-improvement’; perhaps talk of ‘self-improvement’ is a sham, a distracting disturbance that does not allow us to become truly comfortable with, and accepting of, ourselves. Perhaps we have not reconciled ourselves to who we are. But perhaps that’s who I am, the kind of person who will always be obsessed with making these kinds of changes and ‘improvements,’ who will never make them, or never in the way that I want, but yet never accept ‘defeat’ or ‘get the hint.’ In that case, perhaps the best way for me to accept who I am, to ‘become who you are!‘ is to not disdain this activity of constantly plotting and scheming to escape myself. To engage in it is to be me.

Will Artificial Intelligence Create More Jobs Than It Eliminates? Maybe

Over at the MIT Sloan Management Review, H. James Wilson, Paul R. Daugherty, and Nicola Morini-Bianzino strike an optimistic note as they respond to the “distressing picture” created by “the threat that automation will eliminate a broad swath of jobs across the world economy [for] as artificial intelligence (AI) systems become ever more sophisticated, another wave of job displacement will almost certainly occur.” Wilson, Daugherty, and Morini-Bianzino suggest that we’ve been “overlooking” the fact that “many new jobs will also be created — jobs that look nothing like those that exist today.” They go on to identify three key positions:


This first category of new jobs will need human workers to teach AI systems how they should perform — and it is emerging rapidly. At one end of the spectrum, trainers help natural-language processors and language translators make fewer errors. At the other end, they teach AI algorithms how to mimic human behaviors.


The second category of new jobs — explainers — will bridge the gap between technologists and business leaders. Explainers will help provide clarity, which is becoming all the more important as AI systems’ opaqueness increases.


The final category of new jobs our research identified — sustainers — will help ensure that AI systems are operating as designed and that unintended consequences are addressed with the appropriate urgency.

Unfortunately for these claims, it is all too evident that these positions themselves are vulnerable to automation. That is, future trainers, explainers, and sustainers–if their job descriptions match the ones given above–will also be automated. Nothing in those descriptions indicates that humans are indispensable components of the learning processes they are currently facilitating.

Consider that the ’empathy trainer’ Koko is a machine-learning system which “can help digital assistants such as Apple’s Siri and Amazon’s Alexa address people’s questions with sympathy and depth.” Currently Koko is being trained by a human; but it will then go on to teach Siri and Alexa. Teachers are teaching future teachers how to be teachers; after which they will teach on their own. Moreover, there is no reason why chatbots, which currently need human trainers, cannot be trained–as they already are–on increasingly large corpora of natural language texts like the collections of the world’s libraries (which consist of human inputs.)

Or consider that explainers may rely on an algorithmic system like “the Local Interpretable Model-Agnostic Explanations (LIME), which explains the underlying rationale and trustworthiness of a machine prediction”; human analysts use its output to “pinpoint the data that led to a particular result.” But why wouldn’t LIME’s functioning be enhanced to do the relevant ‘pinpointing’ itself, thus obviating the need for a human analyst?

Finally, note that “AI may become more self-governing….an AI prototype named Quixote…can learn about ethics by reading simple stories….the system is able to “reverse engineer” human values through stories about how humans interact with one another. Quixote has learned…why stealing is not a good idea….even given such innovations, human ethics compliance managers will play a critical role in monitoring and helping to ensure the proper operation of advanced systems.” This sounds like the roles and responsibilities for humans in this domain will decrease over time.

There is no doubt that artificial intelligence systems require human inputs, supervision, training, and maintenance; but those roles are diminishing, not increasing; short-term, local, requirements for human skills will not necessarily translate into long-term, global, ones. The economic impact of the coming robotics and artificial intelligence ‘revolution’ is still unclear.

Durkheim On The Pragmatist Conception Of Truth

Pragmatism’s much reviled ‘theory of truth’ received a sympathetic and yet critical and rigorous treatment in Émile Durkheim‘s little-known–to philosophers–Pragmatism and Sociology (John P. Allcock, ed., Cambridge University Press, Cambridge, England, 1955.) As part of this treatment, Durkheim notes that:

If thought had as its object simply to ‘reproduce’ reality, it would be the slave of things, and chained to reality. It would simply have to slavishly ‘copy’ the reality before it. If thought is to be freed, it must become the creator of its own object, and the only way to attain this goal is to give it a reality to make or construct. Therefore, thought has as its aim not the reproduction of a datum, but the construction of a future reality. It follows that the value of ideas can no longer be assessed by reference to  objects but must be determined by their degree of utility, their more or less ‘advantageous’ character. [emphasis in original, p. 66]

Understanding the ‘aim’ or the objective of thought as the ‘construction of a future reality’ causes a reconceptualization of truth too; truth is not ‘mere correspondence’ with reality but rather some other recognition of the ‘value’ of an idea; the former is exclusively semantic, the latter is a richer notion, more complex than the simpler notions which preceded it:

[I]n rationalism truth is….necessarily placed above human life. It cannot conform to the demands of circumstances and differing temperaments. It is valid by itself and is good with an absolute goodness. It does not exist for our sake, but for its own. Its role is to let itself be contemplated. It is so to speak deified; it becomes the object of a real cult….’To soften’ the truth is to take from it this absolute and…sacrosanct character. It is to tear it away from this state of immobility that removes it from all becoming, from all change…from all explanation….instead of being thus confined in a separate world, it is itself…naturally part of reality and life….It poses problems: we are authorized to ask ourselves where it comes from, what good it is and so on. It becomes itself an object of knowledge. Herein lies the interest of the pragmatist enterprise: we can see it as an effort to understand truth and reason themselves, to restore to them their human interest, to make of them human things that derive from temporal causes and give rise to temporal consequences. To ‘soften’ truth is to make it into something that can be analysed and explained.

It is this ‘irreverence’ for, and ‘softening’ of, truth that allows pragmatism to make its most ambitious and ‘outlandish’ claims; it is what allows it to participate as a theoretical contributor to the sociology of knowledge; it makes comprehensible the ‘value’ of truth and its importance for us in our thought and action; unlike rationalism, which takes truth’s value as a given, pragmatism inquires into the role it plays in our theorizing and investigates whether the goods it promises are actually delivered or not.

Historical Amnesia And Stasis In Political Action

Over on his blog, and on his Facebook page, in response to a series of repeated claims stressing the uniquely dysfunctional and authoritarian nature of the present administration¹, Corey Robin has often made remarks which echo the sentiments expressed in the following:

We have a culture in this country that is relentlessly, furiously, ferociously, anti-historical. Whatever we’re going through, it’s always unprecedented. [on Facebook status]

The flip side of the ‘anti-historical’ regarding of one’s particular moment in time as being ‘unprecedented’ of course is a corresponding desire to believe that we are living through a historical moment–one that will be regarded as ‘historical’ by those who follow. The ‘anti-historical’ impulse is only directed at the past; for the present the impulse is  most definitely one that would like to write it, and crucially, oneself, into history. After all, what better way to make meaningful our lives, to grant them more significance, than to believe that the present moment is truly ab initio, bringing something to life ex nihilio? Put this way, political amnesia about the past becomes understandable as a kind of grasping for significance in the present, a refusal to believe that there can be meaningful novelty in the familiar–the study of whose particulars is likely to be far more revealing and edificatory than the hasty scramble to award it medals for novelty.

(A related, possibly converse, instance of this yearning was visible in the media reactions to La Affaire Monica Lewinsky and Bill Clinton–as it broke in early 1998. Those hyperbolic reactions made clear that Watergate had indeed cast a long shadow–especially as its associated mythology had anointed some ‘select’ members of the press as those who had ‘brought the administration down.’ Now, another possibly historical moment was upon the Republic and its ‘media corps’; which member of the media would ‘go down in history’ as the one who had broken the story, reported it to the nation, and finally, supervised the abdication of the old king and the coronation of the new one? Please dear God, let this happen on my watch; let me be written into the history books. Let me elevate the world-historical significance of this moment; in that act lies the existential redemption of my life.)

Thus a curious paradox of political action and resistance in the current moment: because we are so willing to grant novelty to the present, we confess ourselves puzzled and nonplussed and bewildered, cast astray and adrift. The stasis, in both thought and action, that results should be unsurprising.

Note: In a post on the rehabilitation of George W. Bush, I had noted:

Our nation’s memory is short; we are all too eager to believe that everything that happens is…extraordinary, novel, utterly lacking in historical provenance. Donald Trump is a singularity, appearing suddenly, dramatically, out of nowhere, posing a radical disjuncture with all that preceded him. We appear unwilling to consider that he is the product of a particular political party with an established track record, one whose leaders waged an illegal war and tortured, who were not prosecuted by the Obama Administration, which then went on to wage more war, and further expand the powers and reach of the executive branch, which now provides a veritable arsenal of loaded weapons to Donald Trump.

Learning To Live With The Fear Of Heights

I’m terrified of heights; vertigo, nausea, fear, and anxiety instantly make an appearance as I near an airy ledge of any kind. Cliffs in the wilderness, building balconies, these all induce these effects in me. My fear of heights bothers me; I like hiking, I like mountain views, and the best ones are always up among the regions where my fears are at their most insistent, clamoring for attention, demanding control of my body and brain. I gaze at photos of mountaineers on ridges and summits and ice walls, and I’m thrilled and nauseated alike. I want to be up there, but I know what I will feel: terror. During my boarding school years, in the tenth grade, I took up rock climbing in an effort to try to either master, or co-exist with, this fear. Those motivations were quite conscious; I hoped to move on past the worst aspects of those sensations so I could enjoy the mountains. My rock climbing was elementary but I did achieve a moment of acute insight once while abseiling down a training cliff: my feet slipped momentarily, I swung back hard into the rock face, and panicked. Around me, mists swirled, and below me lurked a seemingly bottomless chasm. As I called for help, my instructor yelled at me to push away from the cliff and continue moving down. I was not going to be rescued. A few seconds later, I came to an overhang, pushed out, and smoothly swung down to the floor to come to rest; I was exhilarated. I had encountered trouble in a scary place, and somehow, I had moved on–despite my fears. I had seen a glimmer of a better place; perhaps by controlled exposure to heights, I could learn to live with my fears well enough to be able to travel to places I wanted to see.

Over the years, this insight faded; I left my boarding school in the hills, returned to the plains, graduated from school and college, migrated; I’d gone back to my old ways. I continued to hike in the mountains, but I never took up any kind of climbing again. I remained scared of the heights.

Sometime last year, I began resolving to push myself back to the heights, to train, formally and informally, to get back to trying to ‘master’ those old fears of mine. I took a climbing course in New Hampshire, and an ice climbing course in the Catskills; neither of those classes involved exposure to great heights, but I hoped to start learning those skills and techniques which would let me make a foray to places where I would encounter them. I also hoped to start pushing myself to, er, ‘expose’ myself to, exposure.

This past week’s hike to Mt. Yamnuska–while ostensibly an elementary recreational jaunt, one that thousands of local teenagers pull off every year–thus constituted an integral part of this strategy; the tiny cabled ‘via ferrata‘ section on its approach had filled me with much trepidation when I had first read about it, and so it made eminent sense to attempt it. Online guides said it was not for the ‘faint of heart’; I thought I recognized myself, the very faint of heart. The evening before the hike, I was suddenly struck with fear and doubt; What if I slipped? What if I fell? What if I looked down?

On the day of the hike, the cabled section finally made its appearance; one hiking partner went first, and I followed next. Because the cable is strung tight, it affords a comfortably secure grip as the ledge is traversed; there was one tricky section where the slack in the cable sent me alarmingly into open air. I hung on, slid my hands across, as I hung on tight and moved on. There was some genuine fear in there for a second, but it subsided. A second later, I was done. The summit was a short scramble away. (Interestingly enough, because you have to concentrate on your grip and the placement of your feet, there is little time to think about the exposure behind and below; a very useful lesson.)

I feel faintly ridiculous as I write these words; all I had done was walk across a short section of a cliff ledge, all the while hanging on to a cable. But these sorts of things add up, I suppose, and I can only hope they continue to. I don’t think I’ll ever ‘master’ my fear of heights, but perhaps I’ll learn to live with them in a way that will allow me access to those regions up among the clouds that do so much to lift my spirits.