scholarly journals Getting Rights out of Wrongs

2020 ◽  
pp. 3-31
Author(s):  
Kimberley Brownlee
Keyword(s):  
Moral Rights ◽  
Legitimate Expectations

Sometimes, we can gain new moral rights by acting wrongly. Sometimes, we can gain new moral rights (in addition to restitution rights) from other people acting wrongly. This chapter presents a typology of these rights. It then analyses why some wrongs can change the moral ballgame in this way to give us new rights, and other wrongs cannot. The chapter focuses on three factors that are relevant to moral ballgame-changing cases: (1) legitimate expectations; (2) personal investments; and (3) piggybacking on others’ interests. Finally, the chapter examines two ultimately unsuccessful strategies to resist this analysis of wrong-generated rights. The first strategy pertains to the defeasibility of rights. The second strategy pertains to their conditionality.

Do Artists have Moral Rights?

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

Confucian Perfectionism

2013 ◽  
Author(s):  
Joseph Chan
Keyword(s):  
Political Philosophy ◽  
Civil Liberties ◽  
Moral Rights ◽  
Democratic Institutions ◽  
Political Equality ◽  
Philosophical Foundations ◽  
Liberal Conception ◽  
Liberal Democratic ◽  
Conception Of The Good ◽  
The Right

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.

Copyright. Moral Rights, Fair Use, and the Online Environment

2004 ◽  
Vol 13 (2) ◽  
pp. 38-57 ◽  
Author(s):  
Simon Newman ◽  
Wallace Koehler
Keyword(s):  
Fair Use ◽  
Moral Rights ◽  
Online Environment

Legitimate Expectations in State Aid and the CFI

2010 ◽  
Vol 9 (2) ◽  
pp. 9
Author(s):  
W. Weiß ◽  
M. Haberkamm
Keyword(s):  
State Aid ◽  
Legitimate Expectations

Characters Before Copyright

2019 ◽  
Author(s):  
Matthew H. Birkhold
Keyword(s):  
Eighteenth Century ◽  
Moral Rights ◽  
Fan Fiction ◽  
Unique Type ◽  
Collaborative Authorship ◽  
The Social ◽  
History Of ◽  
New Perspective ◽  
Consumer Habits ◽  
Archival Work

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.

Sign in / Sign up

Export Citation Format

Share Document