Commentary on “Why Moral Rights of Free Expression for Business Corporations Cannot Be Justified”

2021 ◽  
Vol 37 (2) ◽  
pp. 53-57
Author(s):  
Richard R. Eva ◽  
Keyword(s):  

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

Author(s):  
Joseph Chan

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.


2004 ◽  
Vol 13 (2) ◽  
pp. 38-57 ◽  
Author(s):  
Simon Newman ◽  
Wallace Koehler

Author(s):  
Evan Osborne

Does humanity progress primarily through leaders organizing and directing followers, or through trial and error by individuals free to chart their own path? For most of human history ruling classes had the capacity and the desire to tightly regiment society, to the general detriment of progress. But beginning in the 1500s, Europeans developed a series of arguments for simply leaving well enough alone. First in the form of the scientific method, then in the form of free expression, and finally in the form of the continuously, spontaneously reordered free market, people began to accept that progress is hard, and requires that an immense number of mistakes be tolerated so that we may learn from them. This book tells the story of the development of these three ideas, and for the first time tells of the mutual influence among them. It outlines the rise, and dramatic triumph, of each of these self-regulating systems, followed by a surprising rise in skepticism, especially in the economic context. Such skepticism in the 20th century was frequently costly and sometimes catastrophic. Under the right conditions, which are more frequent than generally believed, self-regulating systems in which participants organize themselves are superior. We should accept their turbulence in exchange for the immense progress they generate.


Author(s):  
Matthew H. Birkhold

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.


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