Intellectual Property and Theories of Justice - Softcover

Softcover

ISBN 10: 0230285023 ISBN 13: 9780230285026

Publisher: Palgrave Macmillan, 2008

Synopsis

In this volume, fourteen philosophers, economists and legal scholars and one computer scientist address various facets of the same question: under which conditions (if any) can intellectual property rights be fair? This general question unfolds in a variety of others: What are the parallels and differences between intellectual and real property? Are libertarian theories especially sympathetic to IP rights? Should Rawlsian support copyright? How can a concern for incentives be taken into account by each of the main theories of justice? What's exactly wrong with free-riding, when dealing with non-rival goods? This requires a close examination of a variety of specific issues such as peer-to-peer file sharing, access to vital medicines, the interaction between copyright and freedom of expression, patents on genes, etc. It also involves bringing together state-of-the-art knowledge on legal, economic and technical issues with the most advanced state of our normative theories.

About this title

Review

'...a much needed intervention into current debates over intellectual property and social justice...the essays here question and probe deeply the oversimplified justification of modern intellectual-property law...sophisticated and compelling, teaching much about the ways in which philosophy can illuminate and enrich economic analysis of law.' – Madhavi Sunder, Erasmus Journal for Philosophy and Economics

'This book of readings on intellectual property is unusual in three respects: the international cast of the contributors, the widening of the focus of analysis to include not only law and economics but also philosophy, and the decision to examine both theoretical questions and concrete practical questions. Most important is the high quality of the contributions. They not only are of high intellectual quality, but they are lucid and well written; and the introduction is a model of clarity.' - Richard A. Posner, US Court of Appeal, Seventh Circuit
 
'Dramatically strengthened and globalized, intellectual property rules are shaping the evolution of whole sectors of the world economy: technology, pharmaceuticals, agriculture, publishing, and entertainment. The world's most powerful corporations and governments are therefore fighting intensely over the design of these rules. The present collection highlights the main moral issues raised by intellectual property rights. It discusses these issues at the level of principle, and also in a series of focused moral analyses of the most pressing innovation-access dilemmas and of various reform ideas. An excellent introduction to a complex, shifting, and very important moral terrain.' - Thomas Pogge, Leitner Professor of Philosophy and International Affairs Yale University
 
'This collection of 12 essays provides a fascinating insight into the application of classical theories of justice to both fundamental issues in the field of intellectual property and contemporary, practical issues.' European Intellectual Property Review

Book Description

A seminal exploration of intellectual property and theories of justice from a philosophical perspective

About this edition

• Publisher: Palgrave Macmillan
• Publication date: 2008
• ISBN 10: 0230285023
• ISBN 13: 9780230285026
• Binding: Paperback
• Number of pages: 288
• Editor: Gosseries A., Marciano A., Strowel A.