Knowledge as Property

Issues in the Moral Grounding of Intellectual Property Rights

Author: Rajshree Chandra

Publisher: Oxford University Press

ISBN: 0199088187

Category: Law

Page: N.A

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Intellectual Property Rights (IPRs)—the idea of knowledge as property—and its role in human society is being increasingly discussed across nations and borders. Involving legal, political, cultural, and ethical issues, debates on IPRs continue to be complex and wide-ranging. This book analyses the basic assumptions and premises of the notion of intellectual property as a right. It goes on to show how IPRs prevent those who do not own it from accessing and exercising their own diverse rights. Thus, in a way, IPRs violate the very idea of individual autonomy on which it bases its claims. Highlighting the inherent propensity of IPRs to conflict with'other rights of other peoples' this volume examines three important rights: health rights, indigenous peoples' knowledge rights, and farmers' rights. Do IPRs derive any legitimacy from its ability to support or conjoin with these rights? Do IPRs fit within a framework of rights, which unites welfare, well being, and equal access to advantage and autonomy? These are questions which arise out of the varied contestations that have emerged in the face of IPRs and which have been probed in this book. The analyses also moves beyond to explore some of the broader challenges that liberal theory of rights faces from collective claims to knowledge rights and practices.
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The Political Writings of Samuel Pufendorf

Author: Samuel Pufendorf

Publisher: Oxford University Press

ISBN: 9780195362220

Category: Philosophy

Page: 304

View: 2791

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This work presents the basic arguments and fundamental themes of the political and moral thought of the seventeenth-century philosopher, Samuel Pufendorf--one of the most widely read natural lawyers of the pre-Kantian era. Selections from the texts of Pufendorf's two major works, Elements of Universal Jurisprudence and The Law of Nature and of Nations, have been brought together to make Pufendorf's moral and political thought more accessible. The selections included have received a new English translation, the first for both works in roughly sixty years. The editor, a political scientist, and the translator, a philosopher, have developed a volume that is comprehensive and representative of Pufendorf's thought without being repetitive, fragmented, or obscure.
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European Discourses on Rights

The Quest for Statehood in Europe--the Case of Slovakia

Author: Lubica Učník

Publisher: Peter Lang Pub Incorporated

ISBN: N.A

Category: History

Page: 392

View: 8287

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By tracing the theoretical genealogy of such ideas as reason, natural and historical rights, the individual, nation, and the state, Lubica Učník argues that we need to come to terms with the conceptual framework of the Enlightenment in order to understand the relationship between nationalism and liberalism. The author claims that the foundation of our knowledge is embedded in the modern concept of the individual. She argues that there are two different models of individualism. One is predicated on the mechanistic universe of causation and defined by the idea of negative liberty; the other theorises the individual as relational and hence social. These two conceptions of the individual are tied to different concepts of rights. The idea of nation is likewise contained in the notion of the individual. Once again, there are two possible approaches. Using the example of the splitting of Czecho-Slovakia, the concept of historical right theorised by the German Historical School of Recht is elaborated. After the First World War, the idea of natural right, as advanced by the Treaty of Versailles promised a sense of legality to all nations living in Central Eastern Europe. Now two concepts - natural right and historical right - provide a basis for the claim of each nation to its own state. The complexity of the political situation in Europe after 1989 thus has to be interpreted differently.
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The Enlightenment

And Why it Still Matters

Author: Anthony Pagden

Publisher: OUP Oxford

ISBN: 0191636711

Category: Philosophy

Page: 456

View: 8920

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The Enlightenment and Why It Still Matters tells nothing less than the story of how the modern, Western view of the world was born. Cultural and intellectual historian Anthony Pagden explains how, and why, the ideal of a universal, global, and cosmopolitan society became such a central part of the Western imagination in the ferment of the Enlightenment - and how these ideas have done battle with an inward-looking, tradition-oriented view of the world ever since. Cosmopolitanism is an ancient creed; but in its modern form it was a creature of the Enlightenment attempt to create a new 'science of man', based upon a vision of humanity made up of autonomous individuals, free from all the constraints imposed by custom, prejudice, and religion. As Pagden shows, this 'new science' was based not simply on 'cold, calculating reason', as its critics claimed, but on the argument that all humans are linked by what in the Enlightenment were called 'sympathetic' attachments. The conclusion was that despite the many tribes and nations into which humanity was divided there was only one 'human nature', and that the final destiny of the species could only be the creation of one universal, cosmopolitan society. This new 'human science' provided the philosophical grounding of the modern world. It has been the inspiration behind the League of Nations, the United Nations and the European Union. Without it, international law, global justice, and human rights legislation would be unthinkable. As Anthony Pagden argues passionately and persuasively in this book, it is a legacy well worth preserving - and one that might yet come to inherit the earth.
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Tocqueville: The Ancien Régime and the French Revolution

Author: Jon Elster

Publisher: Cambridge University Press

ISBN: 1139498819

Category: Political Science

Page: N.A

View: 5447

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This translation of an undisputed classic aims to be both accurate and readable. Tocqueville's subtlety of style and profundity of thought offer a challenge to readers as well as to translators. As both a Tocqueville scholar and an award-winning translator, Arthur Goldhammer is uniquely qualified for the task. In his Introduction, Jon Elster draws on his recent work to lay out the structure of Tocqueville' argument. Readers will appreciate The Ancien Régime and the French Revolution for its sense of irony as well as tragedy, for its deep insights into political psychology and for its impassioned defense of liberty.
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