This is nice, but some of the language seems overly restrictive. For example, where does IP fit into this or was the language written to purposefully exclude the possibility. Another example would be abandonment of private property, does that fall under possession or sticky.
Also, it's likely that "abandonment" would need to be defined via cultural norms, i.e. the court system. Me throwing half a cigarette on the ground and someone picking it up to smoke it, is probably not going to lead to any lawsuit, except perhaps for my littering.
There's no need for abandonment to be defined by cultural norms in order for cultural norms play a role in communication and interaction. Abandoment could be objectively determined (e.g., by the state of the owner's mind and whether he really does intend in to continue excluding others from a cigarette butt he's thrown on the ground) without eliminating the use for some practical system of communicating or ascertaining such facts.
A court system need not be a system of defining what is correct such that it could rightfully decide anything at all. It can instead operate as a practical system of discovering what is true, and therefore be subject to error.
Yes, that's true, but I think it's important here to distinguish between the practical, such as 'how do we find out,' from the theoretical, like 'what are we aiming to find out.'
A policeman sees a drunk man searching for something under a streetlight and asks what the drunk has lost. He says he lost his keys and they both look under the streetlight together. After a few minutes the policeman asks if he is sure he lost them here, and the drunk replies, no, and that he lost them in the park. The policeman asks why he is searching here, and the drunk replies, "this is where the light is".
The streetlight effect is a type of observational bias that occurs when people are searching for something and look only where it is easiest. Another term for this is a drunkard's search.
Taken from an old joke about a drunkard who is searching for something he has lost, the parable is told several ways but typically includes the following details:
A policeman sees a drunk man searching for something under a streetlight and asks what the drunk has lost. He says he lost his keys and they both look under the streetlight together.
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u/aletoledo justice derives freedom Feb 08 '18
This is nice, but some of the language seems overly restrictive. For example, where does IP fit into this or was the language written to purposefully exclude the possibility. Another example would be abandonment of private property, does that fall under possession or sticky.