Towards a Normative Theory of the Intellectual Commons

2021 ◽  
pp. 129-154
Keyword(s):  
Normative Theory ◽  
Intellectual Commons

scholarly journals The Ontology of the Intellectual Commons

2020 ◽  
pp. 11-25
Author(s):  
Antonios Broumas
Keyword(s):  
Science And Technology ◽  
Commodity Markets ◽  
Normative Theory ◽  
Moral Significance ◽  
Work Value ◽  
Intellectual Commons

This chapter formulates a processual ontology of the intellectual commons, by examining the substance, elements, tendencies and manifestations of their being. The first part of the chapter introduces the various definitions of the concept, identifying the inherent elements and characteristics of the intellectual commons. Its second part focuses on the elements that constitute the totalities of the intellectual commons. Its third part emphasises their structural tendencies. Finally, the fourth and last part of the chapter deals with the various manifestations of the intellectual commons in the domains of culture, science and technology. Overall it proceeds by pointing out the tendencies and manifestations of the intellectual commons in the context of their dialectical interrelation with capital and commodity markets. This chapter is an analysis of the elements of personhood, work, value and community within the intellectual commons, which bear moral significance. It thus constitutes the ontological basis for the normative theory of the intellectual commons developed in the study.

scholarly journals Intellectual Commons and the Law: A Normative Theory for Commons-Based Peer Production

2020 ◽  
Author(s):  
Antonios Broumas
Keyword(s):  
Intellectual Property ◽  
Normative Theory ◽  
Free Access ◽  
Property Law ◽  
Wealth Creation ◽  
Intellectual Property Law ◽  
Positive Effects ◽  
Production And Distribution ◽  
Intellectual Production ◽  
Intellectual Commons

At the cutting edge of contemporary wealth creation people form self-governed communities of collaborative innovation in conditions of relative equipotency and produce resources with free access to all. The emergent intellectual commons have the potential to commonify intellectual production and distribution, unleash human creativity through collaboration and democratise innovation with wider positive effects for our societies. Contemporary intellectual property laws fail to address this potential. We are, therefore, in pressing need of an institutional alternative beyond the inherent limitations of intellectual property law. This book offers an overall analysis of the moral significance of the intellectual commons and outlines appropriate modes for their regulation. Its principal thesis is that our legal systems are in need of an independent body of law for the protection and promotion of the intellectual commons, in parallel to intellectual property law. In this context, the author of the book proposes the reconstruction of the doctrine of the public domain and the exceptions and limitations of exclusive intellectual property rights into an intellectual commons law, which will underpin a vibrant non-commercial zone of creativity and innovation in intellectual production, distribution and consumption alongside commodity markets enabled by intellectual property law.

scholarly journals Towards a Normative Theory of the Intellectual Commons

2020 ◽  
pp. 129-153
Author(s):  
Antonios Broumas
Keyword(s):  
Intellectual Property ◽  
Normative Theory ◽  
Social Value ◽  
Moral Justification ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Social ◽  
Work Value ◽  
Intellectual Commons

Recapitulating earlier chapters that established the social value of commons-based activity the chapter offers a unified normative theory of the intellectual commons in support of an intellectual commons law. As the normative denouement of the book, this chapter down the foundations for the critical normative theory of the intellectual commons and the moral justification of an intellectual commons law and is structured into six interlinked sections starting with a statement of the basic tenets of a critical normative theory of the intellectual commons. The subsequent four sections examine the normative dimensions of the intellectual commons, i.e. personhood, work, value and community. Concluding sections briefly outline the contours of an intellectual commons law in alignment with the normative evaluations of the chapter. The ethical arguments of the model overall have established the moral grounds and present the framework for a distinct and independent body of law for the protection and promotion of the intellectual commons beyond the inherent limitations of intellectual property law.

Resonance in Dhvani Aesthetics and the Deleuzian Logic of Sensation

2018 ◽  
Vol 12 (1) ◽  
pp. 29-44
Author(s):  
Srajana Kaikini
Keyword(s):  
Art History ◽  
Visual Art ◽  
Normative Theory ◽  
Close Reading ◽  
Literary Interpretation ◽  
Sanskrit Poetics ◽  
Comparative Framework ◽  
Time Image

This paper undertakes an intersectional reading of visual art through theories of literary interpretation in Sanskrit poetics in close reading with Deleuze's notions of sensation. The concept of Dhvani – the Indian theory of suggestion which can be translated as resonance, as explored in the Rasa – Dhvani aesthetics offers key insights into understanding the mode in which sensation as discussed by Deleuze operates throughout his reflections on Francis Bacon's and Cézanne's works. The paper constructs a comparative framework to review modern and classical art history, mainly in the medium of painting, through an understanding of the concept of Dhvani, and charts a course of reinterpreting and examining possible points of concurrence and departure with respect to the Deleuzian logic of sensation and his notions of time-image and perception. The author thereby aims to move art interpretation's paradigm towards a non-linguistic sensory paradigm of experience. The focus of the paper is to break the moulds of normative theory-making which guide ideal conditions of ‘understanding art’ and look into alternative modes of experiencing the ‘vocabulary’ of art through trans-disciplinary intersections, in this case the disciplines being those of visual art, literature and phenomenology.

Foundations From Quantum Physics for a Normative Theory of Administration and Governance

Public Voices ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 35
Author(s):  
R. Philip Brown
Keyword(s):  
Public Administration ◽  
Meaning In Life ◽  
Quantum Physics ◽  
Well Being ◽  
Normative Theory ◽  
The People ◽  
Self Interest ◽  
Prime Meridian ◽  
Organizational Purpose ◽  
Organizing Principles

The modem American ethos is a brand of Lockean individualism gone wrong that now embraces rapacious self-interest as its prime meridian. A new ethicalmodel is necessary to combat this radical, soulless, and excessively particularistic form of individualism. The author proposes a journeyman philosophy of organization and governance for citizen and administrative practitioner alike based upon concepts from quantum theory. This normative model of administration, called authentic individualism, has certain ramifications for a more reflexive, creative and unorthodox approach to public administration. All institutions and organizations are systems guided by general organizing principles that should discard the humans as a resource model, make employee well-being an organizational purpose, encourage humans toward a sense of moral meaning in life and work, recognize legitimate leadership as emerging from the people who make up the organization, and fulfill obligations to the community that supports them and makes them successful.

Conclusion

2018 ◽  
Author(s):  
Brooke A. Ackerly
Keyword(s):  
Human Rights ◽  
Political Process ◽  
Normative Theory ◽  
Power Relation ◽  
Political Community ◽  
Political Transformation ◽  
Political Responsibility ◽  
Women's Human Rights ◽  
Taking Responsibility

Just responsibility is a transformative human rights politics for taking on the complexities, power inequalities, and social normalization of injustice itself. Just responsibility is a human rights theory of political responsibility in which we understand human rights as enjoyed and shared throughout political community (and human rights entitlements as a tool toward that end), political community as defined by its web of networks, not its boundaries, accountability as a political process of discernment, not a power relation, and leadership as a quality of political community, not of individuals within it. Found within and supported by the principles-in-practice of women’s human rights activists, this grounded normative theory of responsibility guides us in a human rights enhancing way to be accountable leaders in political transformation, taking responsibility for global injustice in a just way.

Punishment and Citizenship

2018 ◽  
Author(s):  
Milena Tripkovic
Keyword(s):  
Historical Development ◽  
Full Range ◽  
Normative Theory ◽  
Political Organization ◽  
Citizenship Status ◽  
Criminal Conviction ◽  
Criminal Offender ◽  
Normative Foundations ◽  
Common Understanding

The book develops a normative theory of criminal disenfranchisement and determines which offenders may justifiably lose electoral rights after criminal conviction. Having examined the historical development of the practice and contemporary electoral restrictions—which reveal that disenfranchisement is still widespread in European democracies—the book goes on to explore the nature of this sanction and its normative foundations. Diverging from common understanding, the book proposes that criminal disenfranchisement is not a form of punishment, but a citizenship sanction that aims to reduce membership entitlements of disenfranchised criminals and deplete their citizenship status. To determine whether criminal disenfranchisement can be justified, it is necessary to understand the substance of membership in a polity and the requirements that a citizen ought to satisfy to enjoy a full range of rights attached to this status. To account for possible differences in citizenship requirements between diverse types of polities, the book develops three ideal-typical models, which are loosely tied to the liberal, republican, and communitarian forms of political organization. The book contends that, regardless of internal differences, only one kind of criminal offender fails to satisfy citizenship requirements in all three types of polity and may thus incur electoral restrictions—a person who has seriously and irreversibly severed citizenship ties with her polity owing to an incorrigible lack of moral conscience. The book concludes by specifying additional conditions that ought to be satisfied before restrictions can be enacted, but also suggests reasons for which polities may abstain from imposing them.

Barking Up the Wrong Trees

2018 ◽  
Author(s):  
Michael Goodhart
Keyword(s):  
Global Economy ◽  
Power Relations ◽  
Normative Theory ◽  
Global Order ◽  
The Poor ◽  
Scope Of Justice ◽  
Principles Of Justice ◽  
Ideological Context

This chapter shows that three of the central debates within global normative theory are afflicted by the three pathologies associated with the dominant approach. Constructivist methods for identifying principles of justice are both blatantly undemocratic and severely distortional; debates about the scope of justice are depoliticizing, question begging, and philosophically irresolvable; claims about how the global order affects the poor depoliticize and distort power relations in the global economy and ignore the ideological context in which the claims themselves operate. The argument is not that IMT gives problematic answers to these questions but rather that the questions themselves are unhelpful and unnecessary, artifacts of the approach. In making these arguments, the chapter continues the work of defamiliarization begun in the previous chapter.

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