3. Theoretical Accounts of European Intellectual Property

2019 ◽  
pp. 67-96 ◽  
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Natural Law ◽  
Personal Development ◽  
Regulatory Mechanism ◽  
The State ◽  
Natural Rights ◽  
Rights Protection ◽  
The Third ◽  
Critical Account

This chapter offers a full and critical account of the arguments for and against the existence of IP systems in general, and of European IP systems in particular. It begins by considering two general theories in support of the recognition of IP rights as natural rights: the first casting IP as supporting the personal development and autonomy of individual creators (the argument from personhood), and the second casting IP as securing for creators such rights as they deserve by virtue of their acts of intellectual creation (the argument from desert). From natural law accounts of the existence of IP the chapter goes on to examine three other theories grounded in considerations of justice, utility, and pluralism respectively. According to the first, IP is defensible as a means of preventing people either from being enriched unjustly or from harming others by unfairly ‘reaping where they have not sown’. According to the second, IP rights are privileges conferred by the state on specific individuals in the pursuit of certain instrumentalist ends, such as encouraging socially desirable behaviour on the part of their beneficiaries or discouraging socially undesirable behaviour on the part of those whose freedoms they restrict. And according to the third, IP is a regulatory mechanism by which different understandings and traditions of protecting creative and informational subject matter are reconciled in support of legal and social pluralism. The chapter concludes with a discussion of the implications of the theoretical accounts for the duration of copyright and related rights protection and the patentability of biotechnology.

Kant’s Naturrecht Feyerabend, Achenwall and the Role of the State

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory
Keyword(s):  
Political Philosophy ◽  
Sustained Attention ◽  
Natural Law ◽  
The State ◽  
Natural Rights ◽  
Law System ◽  
Role Of The State ◽  
The Will ◽  
Subjective Rights

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.

RIDICULE, CENSORSHIP, AND THE REGULATION OF PUBLIC SPEECH: THE CASE OF SHAFTESBURY

2016 ◽  
Vol 15 (2) ◽  
pp. 353-380
Author(s):  
ROSS CARROLL
Keyword(s):  
Eighteenth Century ◽  
Intellectual Property ◽  
Public Discourse ◽  
State Power ◽  
Corrective Action ◽  
The State ◽  
Religious Liberty ◽  
Public Speech ◽  
The Third ◽  
Early Eighteenth Century

The Third Earl of Shaftesbury has been celebrated for his commitment to free public discourse regulated only by standards of politeness, a commitment exemplified by his defence of the freedom to ridicule. This article complicates this picture by tracing Shaftesbury's response to the early eighteenth-century crisis of public speech precipitated by the demise of pre-publication censorship and growing uncertainty about intellectual property in the print trade. Shaftesbury, the article shows, was a determined opponent of pre-publication censorship through licensing, but he was also aware of the dangers posed to religious liberty by, in particular, clerical attacks on toleration, and sought ways to curb them that included corrective action by the state. When the Whigs opted to impeach the High Church cleric Henry Sacheverell, whose supporters had capitalized on an unregulated print market to disseminate his sermons ridiculing Whig principles, Shaftesbury expressed satisfaction with this use of state power to silence him. But he did not stop there. The article reads Shaftesbury's 1710Soliloquy, or Advice to an Authoragainst the backdrop of the Sacheverell controversy, and shows how the earl used it to undercut Sacheverell's claim that clerical speech enjoyed special status.

scholarly journals Alexander Hamilton on Slavery

2004 ◽  
Vol 66 (2) ◽  
pp. 207-231 ◽  
Author(s):  
Michael D. Chan
Keyword(s):  
Foreign Policy ◽  
Natural Law ◽  
American Foreign Policy ◽  
The State ◽  
Natural Rights ◽  
Economic Policies ◽  
Alexander Hamilton ◽  
Traditional Natural ◽  
Political Principles

This article seeks to refute the prevailing scholarly view that Hamilton, like the Founders generally, lacked a deep concern about slavery. The first part examines Hamilton's political principles and shows that they were not Hobbesian but consistent with the views of more traditional natural law theorists. Accordingly, Hamilton understood that the natural rights of man imposed a corresponding duty to end slavery. The second part examines Hamilton's endorsement of a compensated emancipation, his opinions of the Constitution, his conduct of American foreign policy, his involvement in the state abolition societies, and his economic policies to demonstrate that ending slavery was in fact one of his abiding concerns.

Enlightenment, Jewish

2018 ◽  
Author(s):  
Jay M. Harris
Keyword(s):  
Eighteenth Century ◽  
Natural Law ◽  
Intellectual Development ◽  
The State ◽  
Natural Rights ◽  
Reform Movement ◽  
Natural Religion ◽  
Moses Mendelssohn ◽  
Rational Individual

The eighteenth century in Europe saw the beginnings of Jewish emancipation, and this led to an intellectual development which came to be known as the Jewish Enlightenment or Haskalah. This movement emphasized the rational individual, the notion of natural law, natural religion and toleration, and natural rights. The effect of this form of thought was to provide a justification for the equality of the Jews with other citizens of national entities. The most important exponent of this movement was Moses Mendelssohn, who dominated the debate on the role Jews should play in the state and the rationality of Judaism as a religion. Ultimately the Jewish Enlightenment moved east and became connected with such movements as Zionism. In Germany it led to the development of the Reform movement. The Jewish Enlightenment very much set the agenda for the next two centuries of debate about Jewish ideas by seeking to analyse the links between religion and reason in Judaism.

LYSANDER SPOONER: NINETEENTH-CENTURY AMERICA'S LAST NATURAL RIGHTS THEORIST

2012 ◽  
Vol 29 (2) ◽  
pp. 139-176 ◽  
Author(s):  
Eric Mack
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
Property Rights ◽  
Natural Law ◽  
Political Thought ◽  
Private Property ◽  
Natural Rights ◽  
Private Property Rights ◽  
Nineteenth Century America ◽  
Herbert Spencer

AbstractThe main purpose of this essay is to articulate the ideas of the last powerful advocate of natural rights in nineteenth-century America. That last powerful advocate was the Massachusetts-born radical libertarian Lysander Spooner (1808-1887). Besides his powerful antebellum attacks on slavery, Spooner developed forceful arguments on behalf of a strongly individualistic conception of natural law and private property rights and against coercive moralism, coercive paternalism, and state authority and legislation. This essay focuses on the theoretical core of Spooner’s position which is his doctrine of natural rights—a doctrine that is primarily developed in Spooner’s The Law of Intellectual Property (1855), Natural Law (1882), and A Letter to Grover Cleveland (1886). I situate Spooner within the libertarian tradition in political thought by beginning this essay with an examination of two English writers whose radical writings (for the most part) preceded Spooner’s—Thomas Hodgskin (1787-1869) and the early Herbert Spencer (1820-1903). I emphasis the strongly Lockean character of Spooner’s thought and support this contention in part by showing how much more Lockean Spooner was than either Hodgskin or the early Spencer.

The Church and the Garrison State

1939 ◽  
Vol 1 (2) ◽  
pp. 179-190
Author(s):  
Jerome Kerwin
Keyword(s):  
Natural Law ◽  
Multiplication Table ◽  
The State ◽  
Natural Rights ◽  
Declaration Of Independence ◽  
Divine Origin ◽  
Inalienable Rights ◽  
Higher Law ◽  
The Church ◽  
Garrison State

IN Declaration of Independence the Fathers of this Republic declared that there are certain self-evident truths and that man is endowed by his Creator with inalienable rights. The idea of natural law and its consequent natural rights was stoutly maintained and to this natural law American Revolutionists appealed against the injustices that a written law would not redress. Above the state and its constitution and written enactments was a higher law of divine origin and purpose. That law was universal, unalterable, and immutable. It was as fixed and certain as die mathematical propositions of the multiplication table or the simple arithmetical statement that two plus two equals four.

scholarly journals Trzy „odczarowania” nowożytnej koncepcji prawa naturalnego

2020 ◽  
Vol 6(161) ◽  
pp. 169-187
Author(s):  
Michał Wendland
Keyword(s):  
Modern Philosophy ◽  
Natural Law ◽  
Natural Rights ◽  
Modern Concept ◽  
The Third ◽  
Law Of Nature ◽  
Theological Foundations ◽  
History Of

he article addresses, in the perspective of the history of modern philosophy, the issue of the transformation to which the concept of natural law was subject in the 17th and 18th centuries. The author shares the views of, among others, Habermas and Bobbio, according to which the modern concept of natural law has been made “more positive” or “disenchanted” (after Weber), and thus the traditionally understood law of nature was transformed into the concept of natural rights. The article distinguishes three forms of this process: the first one, i.e., the so-called bourgeois school of natural law (Grotius, Thomasius, Pufendorf); the second one, developed by representatives of the early (moderate) Enlightenment (Hobbes, Locke, Montesquieu); the third one, the most radical one, represented by the thinkers the late Enlightenment, mainly French encyclopaedists and materialists (La Mettrie, Holbach, Condorcet, Paine). Their common feature was the gradual abandonment of the metaphysical or theological foundations of natural law in favour of a naturalised ethic.

16. Rousseau

2017 ◽  
Author(s):  
David Boucher
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
Political Thought ◽  
Private Property ◽  
The State ◽  
Natural Rights ◽  
State Of Nature ◽  
Short Biography ◽  
Civic Virtues

This chapter examines Jean-Jacques Rousseau's political thought. It first provides a short biography of Rousseau before discussing varying interpretations of his ideas, suggesting that, because of his emphasis upon civic virtues and freedom as lack of an insidious form of dependence, the republican tradition best reflects Rousseau's concerns. It then considers Rousseau's distinctive contribution to the idea of the state of nature, noting that the springs of action in his state of nature are not reason are self-preservation and sympathy. It also explores Rousseau's views on private property, social contract, inequality, natural law and natural rights, democracy, religion, and censorship. The chapter concludes with an analysis of Rousseau's concern with freedom and dependence, and how the related issues of slavery and women were relevant for him.

Health Informatics Education in the Third World

1989 ◽  
Vol 28 (04) ◽  
pp. 270-272 ◽  
Author(s):  
O. Rienhoff
Keyword(s):  
Developing Countries ◽  
Health Informatics ◽  
Third World ◽  
State Of The Art ◽  
The State ◽  
Collaboration Network ◽  
Educational Tools ◽  
The Third ◽  
The Third World

Abstract:The state of the art is summarized showing many efforts but only few results which can serve as demonstration examples for developing countries. Education in health informatics in developing countries is still mainly dealing with the type of health informatics known from the industrialized world. Educational tools or curricula geared to the matter of development are rarely to be found. Some WHO activities suggest that it is time for a collaboration network to derive tools and curricula within the next decade.

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

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