Intellectual Property and Theories of Justice

Paperback | December 15, 2010

EditorAxel Gosseries, Alain Strowel, ALAIN MARCIANO

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Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?

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Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?

AXEL GOSSERIES is a Permanent Research Fellow at the Belgian National Fund for Scientific Research, based at the Chaire Hoover in economic and social ethics, University of Louvain, Belgium. His work in moral and political philosophy focuses more specifically on theories of intergenerational justice, tradable quotas schemes and the ide...

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Format:PaperbackDimensions:277 pages, 8.6 × 5.55 × 0.68 inPublished:December 15, 2010Publisher:Palgrave MacmillanLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0230285023

ISBN - 13:9780230285026

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Table of Contents

Acknowledgements
Notes on Editors and Contributors
Introduction: How (Un)fair is Intellectual Property?; A.Gosseries
PART I: GENERAL APPROACHES
Lockean Justifications of Intellectual Property; D.Attas
Are Rawlsians Entitled to Monopoly Rights?; S.Dumitru
Access to vs. Exclusion from Knowledge: Intellectual Property, Efficiency and Social Justice; G.B.Ramello
The Incentives Argument for Intellectual Property Protection; S.V.Shiffrin
When Property is Something Else: Understanding Intellectual Property Through the Lens of Regulatory Justice; S.Ghosh
Liberty and the Rejection of Strong Intellectual Property Rights; J.Trerise
PART II: SPECIFIC ISSUES
Is P2P Sharing of MP3 Files an Objectionable Form of Free Riding?; G.Demuijnck
Copyright and Freedom of Expression: A Philosophical Map; A.Couto
Free Software, Proprietary Software and Linguistic Justice; G.Falquet & F.Grin
How Efficient is the Patent System? A General Appraisal and an Application to the Pharmaceutical Sector; P.Belleflamme
Patents on Drugs – the Wrong Prescription?; P.Dietsch
Is It Ethical To Patent Human Genes?; A.Lever
Index

Editorial Reviews

‘…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