scholarly journals Justice in Intellectual Property

2020 ◽  
Vol 3 ◽  
pp. 49-72
Author(s):  
Dustin Nelson

Intellectual property (IP) rights represent an anomaly within a free market economic system. IP rights, that is, necessarily constrain the actions of individuals within the market. In response to this anomaly, IP scholars have offered various justifications for the application of such supposed constraints within a free market economy. Chief among these justifications is the widespread appeal to utilitarianism via incentivization. Yet, it is not exactly clear that this incentivization is actually producing the benefits required for the utilitarian justification. Rather than abandoning the IP system, however, some have simply suggested an alternative justification. These scholars argue that IP rights are actual, moral rights that deserve protection as moral rights. Further, scholars argue that any distributional inequality generated by the IP system are nonetheless justified under Rawls’s theory of justice. I argue, however, that Rawls’s theory of justice does cannot “justify” a selective, IP regime.

Author(s):  
Ata Ujan Andre

This paper is an ethical reflection on globalization and the negative effects it could cause particularly in developing countries. It aims to unmask the chasm between globalization in theory and globalization in practice and then offer a new approach that can help at least to lessen the negative impacts of globalization. It is commonly understood that globalization in nature is a process of interaction aiming at integration among people, business and government of different countries. Strongly marked by free market economic system, globalization emerges as a movement that offers a new hope for societies at large to live a better life. Unfortunately, the credo of competition promoted by free market economy, generally, fails to significantly reduce inequality. Since free market economy has been treated as an economic grand narrative, it in practice tends to marginalize and even destroy local economic wisdoms. Free market economy in practice, therefore, paves the way for big corporations to control globalization. Consequently, the gap between the advanced countries and the developing countries is growing wider. Reviving the original position of economy and adopting the culture of society as a fair system of social cooperation can help to build anew the spirit of globalization to fight inequality. This is possible if globalization is organized and controlled by a fair system of management and regulation. Only in such condition can all involved parties have fair equal opportunity to harvest as much benefit as possible from globalization.


2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?


Wacana Publik ◽  
2019 ◽  
Vol 12 (02) ◽  
Author(s):  
Syamsul Ma'arif

After had being carried out nationalization and hostility against west countries, the New Order regime made important decision to change Indonesia economic direction from etatism system to free market economy. A set of policies were taken in order private sector could play major role in economic. However, when another economic sectors were reformed substantially, effords to reform the State Owned Enterprises had failed. The State Owned Enterprise, in fact, remained to play dominant role like early years of guided democracy era. Role of the State Owned Enterprises was more and more powerfull). The main problem of reforms finally lied on reality that vested interest of bureaucrats (civil or military) was so large that could’nt been overcome. 


2018 ◽  
Vol 46 ◽  
Author(s):  
Aniela Dylus

Aniela Dylus, Związek wolnego rynku z dyktaturą polityczną: przejściowy czy trwały? Przykład Chin [The relation between free market economy and political dictatorship – is it of temporary or permanent nature? The example of China] edited by W. Banach, M.A. Michalski, J. Sójka, „Człowiek i Społeczeństwo” vol. XLVI: Między Chinami a Zachodem. Pytanie o źródła chińskiego sukcesu gospodarczego [Between China and the West. An inquiry into the sources of the Chinese economic miracle], Poznań 2018, pp. 103–119, Adam Mickiewicz University. Faculty of Social Sciences Press. ISSN 0239-3271.The relation between free market economy and democracy has been assumed as a paradigm in the western culture since the Enlightenment. However, this paradigm seems to be violated by markets that flourish under the political dictatorship. Are these markets the exceptions to the rule or maybe their scale does not indicate the necessity of paradigm change? Or maybe we are wrong to assume that capitalism flourish mainly in democratic systems? Is it possible that the relation between communist political dictatorship and liberal economy system is only of temporary nature and people that have economical freedom will demand sooner or later their political freedom? To answer these questions, (1) the paradigm of relationship between free market, its prosperity and democracy and (2) the arguments supporting this relationship have been discussed. Referring to Samuel Huntington’s theory, (3) it has been reminded that many factors, not only economical ones, decide about democratization of political life and some exceptions to this rule have been mentioned. (4) The example of contemporary China is one of the most spectacular example. The short characteristic of (5) its economic condition, (6) its economic system and political dictatorship has been presented and then the attempts have been made to give the arguments either for (7) temporary or (8) permanent relationship between free market and political dictatorship in China. Although the idea of democracy, the rule of law and human rights seems not to be the only alternative base of economical market system, it appears to be prevalent and the only one in a longer period.


2020 ◽  
Vol 3 (5) ◽  
Author(s):  
Pan Jiang

At this stage, the market economy has become an important force to promote China's economic development. Consolidating the core of market economic development, namely, economic equality and economic freedom, is an inevitable requirement for upholding and improving China's basic economic system, and it is also an important aspect of the country's strong guarantee for market economic development. Therefore, it is necessary to research the meaning of the market economy in the constitution, and at the same time clarify the constitutional norms’ obligation to guarantee the implementation of state agencies to provide adequate constitutional guarantees for the development of the market economy.


2021 ◽  
pp. 95-118
Author(s):  
Dario Antiseri

In the development of science and of a democracy, competition represents the highest form of collaboration. The same applies in the free market economic system that supports political freedom and corresponds to the most secure source of extended welfare. However, Hayek warns that The «Great Society» is seriously threatened by the comeback of the social-ism’s «tribal ethic»: «the concept of ‘social justice’ has been the Trojan horse for the entrance of the totalitarism». By saying this, he does not deny the value of solidarity. The Great Society can allow itself to help those in need, and actually it must do it. Resumen. La competizione nello sviluppo della scienza e nella vita di una democrazia costituisce la piü alta forma di collaborazione, cosí come lo é nell’economia di mercato - sistema económico che sta a base delle liberta politiche e che é la fonte maggiormente sicura del piü esteso benessere. La Grande Societá, tuttavia, é seriamente minacciata - ammonisce Hayek - dalla riaffermazione dell»’etica tribale» del socialismo: «il concertó di ‘giustizia sociale’ é stato il cavallo di Troia tramite il quale ha fatto il suo ingresso il totalitarismo». Con ció Hayek non nega affatto il valore della solidarietá, in quanto la Grande Societá puó permettersi di aiutare i piü deboli e deve farlo.


2016 ◽  
Vol 820 ◽  
pp. 15-20
Author(s):  
Jarmila Husenicova ◽  
Zuzana Dohnanska

Paper deals with urbanization development of Slovakia regarding the rate and degree of urbanization, chances of urban spaces use of cities surroundings as consider to land rent, approximation of territorial development legislation to the free market economy conditions, regional visions creations new methods and inevitable need of territorial information systems deepening and automation.


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