scholarly journals Freedom, ownership and copyright: why does Kant reject the concept of intellectual property?

2016 ◽  
Author(s):  
Maria Chiara Pievatolo
Keyword(s):  
Intellectual Property ◽  
General Theory ◽  
Immanuel Kant ◽  
Theoretical Perspective ◽  
Public Law ◽  
Pure Reason ◽  
Human Being ◽  
The Public ◽  
The World ◽  
Short Essay

In 1785 Immanuel Kant wrote a short essay, Von der Unrechtmäßigkeit des Büchernachdrucks, which is sometimes translated as Of the injustice of counterfeiting books; later, he repeated almost the same thesis in the Rechtslehre, § 31, II, within Die Metaphysik der Sitten (1797). As most scholars, in the field of humanities, take intellectual property for granted, the representation of Kant like an intellectual property forerunner is still a dangerously mistaken commonplace. According to Kant's Architectonic of Pure Reason the philosopher is closer to a lawgiver than to an artificer, if philosophy is considered in its Weltbegriff or cosmopolitan concept (AA.03: 542.23-30). Because such a lawgiving is based upon that reason with which every human being is endowed, the laws of reason should be thought as public laws and not as individual, private creations. How could a public law be consistently viewed as an object of private intellectual property? Kant avoids such a contradiction because his justification of authors' right does not rely on intellectual property, but on the meaning and the function of both authors and publishers in the world of the public use of reason. Therefore, Kant's theory of copyright is compatible with the Weltbegriff of philosophy. Furthermore, more interestingly, it is also possible to demonstrate that it is consistent with his general theory of property, as stated in the Metaphysik der Sitten. The following essay, after presenting a short sketch of Kant's authors right as personal right, will introduce Fichte's theory of intellectual property to strengthen the case of Kant's rejection of intellectual property, by comparing his ideas with the theory of an actual intellectual property advocate, like Fichte. Eventually, to read the proposed interpretation of Kant in a wider theoretical perspective, it will attempt to connect it to his general theory of property of the Metaphysik der Sitten.

5. The Internationalization of Public Law and its Impact on the UK

2019 ◽  
pp. 121-154
Author(s):  
David Feldman
Keyword(s):  
Public Law ◽  
Legal Order ◽  
Democratic Accountability ◽  
The Public ◽  
Legal Standards ◽  
System A ◽  
National Values ◽  
Political Theories ◽  
The World ◽  
The Uk

Municipal public law (by which is meant the public law of national or sub-national polities, including but not limited to local government) is always influenced by events taking place elsewhere in the world and the activities and norms of other polities. For example, the existence of a state depends at least partly on its recognition by other states, and political theories and legal ideas have always flowed across and between regions of the world even if they provoked opposition rather than adoption or adaptation. Yet despite, or perhaps because of, this, any state has good reasons for controlling the introduction of foreign legal and constitutional norms to its own legal order. It is important to check that the norms are compatible with one’s own national values and interests before allowing them to operate within one’s own system. A state which values a commitment to the rule of law, human rights, or democratic accountability is entitled to place national controls over potentially disruptive foreign influences. This chapter considers the nature and legitimacy of those national controls, particularly as they apply in the UK, in the light of general public law standards, bearing in mind that influences operate in both directions, not only between states but also between municipal legal standards and public international law.

Patenting/Licensing of Microbiological Herbicides

Weed Science ◽  
1986 ◽  
Vol 34 (S1) ◽  
pp. 43-49 ◽  
Author(s):  
Roman Saliwanchik
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Legal Rights ◽  
The Public ◽  
Property Owner ◽  
The World

Legal protection of intellectual property is a requisite to the commercialization of the intellectual property and to the conferring of proper reward to the true owner of the property. Simplistically stated, this situation with regard to intellectual property is no different from the legal protection of a variety of properties, for example, home, land, or automobile. Laws have been established in the various countries of the world that are structured specifically to attain the desired goal of legally protecting property interests. In the intellectual property field, wherein we talk about property such as new inventions, we enter an area of not only protecting the legal rights of the property owner but also insuring the position of the public with respect to the eventual unlimited use of new inventions.

scholarly journals Public Law and Administration under Conditions of Hybrid Warfare (The Experience of Ukraine)

2021 ◽  
Vol 27 ◽  
pp. 195-218
Author(s):  
Taras Gurzhii ◽  
Anna Gurzhii ◽  
Adam Jakuszewicz
Keyword(s):  
National Security ◽  
Public Administration ◽  
Legal Regulation ◽  
Public Law ◽  
Administrative System ◽  
Hybrid Warfare ◽  
The Public ◽  
The World ◽  
Protection Of Human Rights ◽  
State Of Affairs

Events that took place in Ukraine in 2014 transparently demonstrated the maladjustment of the national legal and administrative system to the challenges of hybrid warfare in times of peace. Although it took into account the possibility of direct military threats, it proved not to be ready for withstanding unconventional pressure. This state of affairs significantly weakened the state’s ability to resist and led to a number of dramatic political miscalculations, organizational failures, and acute social problems. The subsequent update of the national public law and administrative system made it possible to improve the situation, but at the same time it revealed a number of pressing issues related to the need to strike a balance between the state’s commitment to ensure the protection of human rights and the necessity to protect national security. In this sense the experience of Ukraine is instructive for many countries of the world, especially for those that are the target of the geopolitical ambitions of the modern Russia. The paper discusses the public law of Ukraine in recent years with the view of highlighting some key problems of legal regulation, as well as identifying some promising ways to develop public administration so that it is capable of effectively coping with the threats of hybrid warfare.

Whistleblowing to Expose Criminal Activity in the Health Sector

2020 ◽  
pp. 318-333
Author(s):  
Niyi Awofeso
Keyword(s):  
Patient Safety ◽  
Due Process ◽  
Health Sector ◽  
Criminal Activity ◽  
Public Law ◽  
World Health ◽  
The Public ◽  
The World ◽  
Health Organization ◽  
Internal Whistleblowing

A whistleblower is an employee who alleges wrongdoing by his or her employer (or any organization) of the sort that violates public law or tends to adversely affect the public or at least some members of the concerned organization. The World Health Organization cites healthcare-related fraud as one of 10 leading causes of inefficiency in health systems. Despite the potential of whistleblowing to reduce healthcare fraud and unearth criminal negligence with respect to patient safety, it remains a highly controversial approach for exposing criminal activity and improving patient safety in the health sector. This chapter discusses the main aspects of healthcare fraud as well as the potential of whistleblowing to address such widespread health system deficiencies, particularly those cybersecurity-related. The author favours internal whistleblowing for criminal misdeeds in the health sector as a first resort. Veracity of whistleblowing allegations should not be taken for granted, and due process must be accorded all individuals accused of criminal negligence or fraud.

scholarly journals New European Constitutions: In Poland, Czechoslovakia and the Kingdom of the Serbs, Croates and Slovenes

1922 ◽  
Vol 16 (2) ◽  
pp. 211-227 ◽  
Author(s):  
Ralston Hayden
Keyword(s):  
Political Institutions ◽  
Public Law ◽  
Public Affairs ◽  
The Political ◽  
World War ◽  
The Public ◽  
Conscious Effort ◽  
The World ◽  
Good Government ◽  
Post War

In this period during which all political institutions are being tested as never before by the searching criticism of an awakened world and by application to the well-nigh insoluble problems left by the World War, the constitutions which have been developed by the post-war states of Europe possess a peculiar interest to the student of public affairs. They are the results of the conscious effort of the statesmen of these new commonwealths to combine with the historic institutions of their own lands those features of the public law and the political practises of the older democracies which experience has proven to be workable, to be conducive of good government, and to make possible a more or less popular control over affairs of state. The product of a season when democracy is the fashion, all of these instruments are filled with rules and phrases which have a familiar ring in American ears, despite a more than occasional Gallic or native accent.

Moses Maimonides und Immanuel Kant – negative Theologie, Skeptizismus und die Rolle des Unendlichen

2018 ◽  
Vol 66 (1) ◽  
pp. 25-42
Author(s):  
Aryeh Botwinick
Keyword(s):  
Immanuel Kant ◽  
Human Being ◽  
Moses Maimonides ◽  
The World ◽  
Human World

Abstract This paper argues that Kant’s argument in favor of the primacy of the categories over the world is embedded in a Maimonidean stream of theorizing. In terms of how words and concepts are configured in relation to possible entities outside of themselves, it recapitulates Maimonides’ argument concerning how to situate the human world in relation to God. The judge in Maimonides is the human being who ideally encodes in his character and personality the metaphysical stance reflected in Kant’s categories and Maimonides’ theorizing of God.

scholarly journals PUBLIC-LEGAL DISPUTE IN THE SPHERE OF INTELLECTUAL PROPERTY: THE GROUNDS AND CONDITIONS OF ARISING

Social Law ◽  
2019 ◽  
Author(s):  
D. Tihonova
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Public Law ◽  
Point Of View ◽  
Fundamental Rights ◽  
General Point ◽  
Legal Basis ◽  
The Public ◽  
Procedural Law ◽  
Definition Of

The article is devoted to the definition of the concept of public-legal dispute in the field of intellectual property, taking into account the specifics of administrative and legal protection of rights in this field. To this end, the rules of procedural law relating to the definition of a public law dispute, the practice of their application, and the relevant doctrinal provisions on the legal protection of intellectual property rights are analyzed. The suitability of certain categories of such disputes to the jurisdiction of administrative courts is substantiated. The author draws attention to the fact that although the concept of "basis" and "condition" of a public-law dispute are not synonymous, it is impossible to deny that they have a large number of common features. In legal literature, the term "foundation" has become widespread, first of all, to indicate the grounds for the emergence of legal relationships. Moreover, there are two sides to this concept: material and legal basis. The legal basis includes, in particular, legal fact and the existence of a rule of law. It was also determined that the condition should be distinguished from the cause which necessarily produces a certain consequence - the legal conflict between the parties to the public-legal relations is at the heart of the public-legal dispute. From a general point of view, conflict is understood as a clash of opposing interests and views, tension and extreme aggravation of contradictions, which leads to active actions, complications, struggles, accompanied by complex conflicts. It is noted that in the case of a particular dispute, a direct condition for the emergence of public-law disputes is the conflict of not just legislative provisions, and in this case the fundamental rights of persons and the corresponding binding norms obliging the subjects of power to enter into conflict. to the administrative court for the exercise of their specific powers.

scholarly journals Between History and Universality: Understanding Identity in the Public Sphere

2020 ◽  
Vol 12 (1) ◽  
pp. 19-36
Author(s):  
Nisar Alungal Chungath
Keyword(s):  
Public Sphere ◽  
Meaning Making ◽  
The Self ◽  
The Other ◽  
Human Being ◽  
The Public ◽  
Other Hand ◽  
The World ◽  
The Public Sphere ◽  
The One

Identity is not a fixed and frozen prison-house for the self, but a liquid continuum, affected and shaped by the ‘outside’ or the world. The self, which is situated and which undergoes revisions and transformations, keeps identity as a frame within which it makes sense of things. On the one hand, there is a ‘history’ within which an identity is rooted and through which meaning-making is made possible, and on the other hand, every person aspires to be a ‘universal’ and recognition-worthy human being. Both inherent identity and inherent universality of the self should be considered in their interactions in the public sphere, which has been traditionally viewed as a space of discrete individualities. The ontological force of this argument aside, the paper demonstrates that reduction of an identity without crediting its aspiration for universality and consideration of universality without crediting the historical underpinnings of identity are both acts of violation. 

scholarly journals The Pedagogy of Pilgrimage on the Camino de Santiago Written into Performance

2019 ◽  
Author(s):  
Sarah Peters
Keyword(s):  
Queer Theory ◽  
Public Pedagogy ◽  
Australian Woman ◽  
Northern Spain ◽  
Santiago De Compostela ◽  
The Public ◽  
Camino De Santiago ◽  
The World ◽  
Verbatim Theatre ◽  
Short Essay

Blister is a verbatim play that tells the story of Rosie, an Australian woman, who is walking the Camino de Santiago. The Camino is an 800km pilgrimage across Northern Spain that begins in the French Pyrenees and traverses mountains, vineyard covered hills, mesetas (plateaus) and urban centres before concluding at Santiago de Compostela. 200,000 people from across the world walk the Camino every year, often carrying their minimal belongings in a backpack, staying in dormitory-style accommodation with fellow pilgrims in local albergues, and walking between 20-35kms most days. This short essay describes how walking methods merged with the situated, relational and material verbatim theatre practice of community immersion in order to experience and represent the public pedagogy of the Camino in performance. Informed by a feminist position and engaging with theatrical conventions inspired by queer theory, excerpts of Blister are incorporated across the essay to demonstrate how theatre as a live and embodied medium provides a multi-dimensional platform to depict the motion, emotion and learning experienced by pilgrims walking the Camino.

Intellectual Property, Development, and Access to Knowledge

2018 ◽  
Author(s):  
Carolyn Deere Birkbeck
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
World Trade ◽  
Property Development ◽  
Policy Issues ◽  
The Public ◽  
System P ◽  
The World ◽  
Access To Knowledge

This chapter examines debates on intellectual property (IP) and development in the wider context of issues relating to IP and the public interest. It also considers how calls for greater attention to development in the global IP system relate to campaigns for “access to knowledge” (A2K). After reviewing the longstanding debates on IP and public policy issues as well as the substance of debates on IP, development, and A2K, the article discusses the engagement of developing countries in the international IP system up until the end of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) negotiations. It proceeds with a review of post-TRIPS debates on the Agreement itself, before concluding with an analysis of the continuing challenges of addressing public interest and development concerns in the increasingly complex global IP system.

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