Do Artists have Moral Rights?

1992 ◽  
Vol 21 (4) ◽  
pp. 284-307
Author(s):  
Joseph Zuber
Keyword(s):  
Author(s):  
Joseph Chan

Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, this book argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of the right. The book examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. The book decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, it grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. The book then explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice. The book critically reconfigures the Confucian political philosophy of the classical period for the contemporary era.


2004 ◽  
Vol 13 (2) ◽  
pp. 38-57 ◽  
Author(s):  
Simon Newman ◽  
Wallace Koehler

Author(s):  
Matthew H. Birkhold

How did authors control the literary fates of fictional characters before the existence of copyright? Could a second author do anything with another author’s character? Situated between the decline of the privilege system and the rise of copyright, literary borrowing in eighteenth-century Germany has long been considered unregulated. This book tells a different story. Characters before Copyright documents the surprisingly widespread eighteenth-century practice of writing fan fiction—literary works written by readers who appropriate preexisting characters invented by other authors—and reconstructs the contemporaneous debate about the literary phenomenon. Like fan fiction today, these texts took the form of sequels, prequels, and spinoffs. Analyzing the evolving reading, writing, and consumer habits of late-eighteenth-century Germany, Characters before Copyright identifies the social, economic, and aesthetic changes that fostered the rapid rise of fan fiction after 1750. Based on archival work and an ethnographic approach borrowed from legal anthropology, this book then uncovers the unwritten customary norms that governed the production of these works. Characters before Copyright thus reinterprets the eighteenth-century “literary commons,” arguing that what may appear to have been the free circulation of characters was actually circumscribed by an exacting set of rules and conditions. These norms translated into a unique type of literature that gave rise to remarkable forms of collaborative authorship and originality. Characters before Copyright provides a new perspective on the eighteenth-century book trade and the rise of intellectual property, reevaluating the concept of literary property, the history of moral rights, and the tradition of free culture.


2021 ◽  
Vol 23 (1) ◽  
pp. 143-154
Author(s):  
Palitha Abeykoon

The COVID-19 pandemic has thrown into bold relief the need for an all-of-society response supported by regional and global partnerships to control the epidemic. Addressing the social determinants of health, Universal Health Coverage, the non-communicable disease (NCD) burden, the other communicable diseases and the achievement of the Sustainable Development Goals (SDGs) all would require a close collaboration among different sectors and stakeholders, including the private sector. Partnerships connote three fundamental themes—a relative equality between the partners, mutual commitment to agreed objectives and mutual benefit for the stakeholders involved. The decisions are made jointly, and roles are not only respected but are also backed by legal and moral rights. The World Health Organization (WHO) has been and continues to be the foremost promoter as well as the host for many of the global and regional partnerships in health. A typological classification would include technical assistance partnerships supporting service access and provision of services including drugs, partnerships focusing on research and development, advocacy and resource mobilisation and financing partnerships mainly to provide funds for definite disease programmes. Partnerships in health have brought and continue to bring multiple benefits to the countries. But they also engender several challenges, including the duplication of effort and waste, high transaction costs (usually to government), issues of accountability and consequent lack of alignment with country priorities. As partnerships become increasingly significant in the twenty-first century, better coordination, particularly in terms of donor harmonisation with national priorities, would be needed. It is not ambitious to attempt the elusive ideal where all parties will benefit from one other with a give and take between all stakeholders. Partnerships in health could well herald a new dawn for health development in the South-East Asia Region.


2020 ◽  
Vol 7 (2) ◽  
pp. 239-254
Author(s):  
Teresa Baron

AbstractIn this paper, I explore the ways in which consideration of adolescent parents forces us to confront and question common presuppositions about parental rights. In particular, I argue that recognising the right of adolescent mothers not to be forcibly separated from their newborn children justifies rejecting the notion that parental rights are (a) all acquired in the same manner and (b) acquired as a ‘bundle’ of concomitant moral rights. I conclude that children and adolescents who conceive and give birth have some parental rights concerning their newborn children – in particular, the right not to be forcibly separated from those children – even if they do not have the ‘full complement’ of parental rights as we generally characterise these.


2021 ◽  
pp. 000332862110296
Author(s):  
Stewart Clem
Keyword(s):  

This article challenges Nigel Biggar’s claim that there are no natural moral rights. Focusing on Biggar’s analysis of torture, I argue that he does not give adequate consideration to the possibility of intrinsically wrong actions. This oversight not only leads to a problematic, consequentialist analysis of torture—it also weakens his argument against the possibility of absolute rights.


Utilitas ◽  
2000 ◽  
Vol 12 (3) ◽  
pp. 329-346 ◽  
Author(s):  
D. Weinstein

This paper examines the undervalued role of Herbert Spencer in Sidgwick's thinking. Sidgwick recognized Spencer's utilitarianism, but criticized him on the ground that he tried to deduce utilitarianism from evolutionary theory. In analysing these criticisms, this paper concludes that Spencer's deductive methodology was in fact closer to Sidgwick's empiricist position than Sidgwick realized. The real source of Sidgwick's unhappiness withSpencer lies with the substance of Spencer's utilitarianism, namely its espousal of indefeasible moral rights.


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