- Jan 2023
there 00:03:24 is something really special about going off into the natural world it is especially by oneself i think that it it can enable us to kind of open up and sort of let go of our usual utilitarian 00:03:38 way of relating to everything and and and sort of be able to learn what the trees you know what what the meadows what what the river has to offer uh and i think that's that's really 00:03:52 important
!- nice observation : utilitarian view - let go of our usual utilitarian view of reality when we are embedded in nature
!- David Loy : Comment - Loy's thesis is that nature is not something to be exploited by humans, but has intrinsic value in and of itself, like all species and individuals of each species also have the same intrinsic value - Loy's work is similar to the work of others: - Cognitive Scientist, Buddhist scholar Jay Garfield: Losing the Self: https://hyp.is/go?url=http%3A%2F%2Fdocdrop.org%2Fvideo%2FE5lW5XedNGU%2F&group=world - Physicist Tom Murphy: civilization and the program of control as the root structural problem of our polycrisis https://hyp.is/go?url=http%3A%2F%2Fdocdrop.org%2Fvideo%2Ff6yFrh1X6DI%2F&group=world<br /> - Glenn Albrecht & Gavin Van Horn: Replacing the Anthropocene with the Symbiocene https://hyp.is/go?url=https%3A%2F%2Fhumansandnature.org%2Fexiting-the-anthropocene-and-entering-the-symbiocene%2F&group=world - Korean / German philosopher Byung-Chul Han: The Burnout Society https://hyp.is/go?url=http%3A%2F%2Fdocdrop.org%2Fvideo%2FbNkDeUApreo%2F&group=world
- Sep 2020
Antoniou, Rea, Heather Romero-Kornblum, J. Clayton Young, Michelle You, Joel Kramer, and Winston Chiong. ‘No Utilitarians in a Pandemic? Shifts in Moral Reasoning during the COVID-19 Global Health Crisis’, 21 September 2020. https://doi.org/10.31234/osf.io/yjn3u.
- Jul 2020
Hall, R. E., Jones, C. I., & Klenow, P. J. (2020). Trading Off Consumption and COVID-19 Deaths (Working Paper No. 27340; Working Paper Series). National Bureau of Economic Research. https://doi.org/10.3386/w27340
- Jun 2020
Buckwalter, W., & Peterson, A. (2020). Public Attitudes Toward Allocating Scarce Resources During the COVID-19 Pandemic. https://doi.org/10.31234/osf.io/wuvta
- Feb 2014
The innate qualities of intellectual pr operty, however, in combination with INTELLECTUAL PROPERTY: POLICY FOR INNOVATION 15 strong economic motivations have led U.S. intellectual property policy to operate according to rights - based, non - utilitarian theory, possibly as a result of lobbying (capture theory).
Lobbying has led to a rights-based non-utilitarian theory copyright policy in the US at the present time (2014).
The U.S. social contract establishes a utilitarian basis for protection of intellectual property rights: protection as a means of encouraging innovation.
The social contract of the US Constitution provides a utilitarian basis for protection of intellectual property rights.
As such, the conclusion is that intellectual property is not ‘property’ in the Lockean sense. If it were, then intellectual property protections would deserve no mo re policy debate than whether police ought to chase thieves. As it is not, the justification for intel lectual property must be sought in the social contract. As noted above, the social contract for the United State s, the Constitution, specifies in Article I, Section 8, Clause 8 that Congress may pass laws “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respec t ive Writings and Discoveries.” This background clarifies the discussion considerably : • There is no natural law basis for intellectual property rights • Thus, intellectual property rights must be provided for by the social contract. • The U.S. social contract as elucidated in the Constitution specifies a utilitarian basis for intellectual property rights (“to promote the progress... by securing for limited times...")
There is no natural law basis for intellectual property rights
Intellectual property rights must be provided for by the social contract
The US Constitution as a social contract specifies a utilitarian basis for intellectual property rights.
Fisher points out that the rights - based, non - utilitarian theory is greatly influenced by two concepts: (1) the western ideology of property from Locke (that people are entitled to own the fruits of their labors, and should be rewarded in proportion to their contributions); and (2) the “romantic conception of authorship” of the divinely inspired individual genius or artist (1999, Sect. II. B).
The first is the soul of the rights-based theory
The critical difference comes out in the details, especially the amount of time rights are protected and the scope of rights allowed
This is understatement to be sure, but the debate has been principally between two theories: a utilitarian policy theory, and a rights - based , non - utilitarian property theory (Long, 1995, n.pag.) .
The debate in intellectual property law has centered around utilitarian policy theory and a rights-based non-utilitarian property theory.
This paper establishes cause to suspect that current intellectual property policy overstep s utilitarian justification, and suggests that a clearer distinction should be drawn between the proper role of U.S. law in intellectual property (that which promotes innovation) and moral questions of creator’s rights.
The U . S . Co nstitution firmly grounds the proper role of intellectual property policy as utilitarian .
Identify where/how this ground is established.
Keywords : anticommons, copyright, intellectual property, Lockean Proviso, patent, property rights, state of nature, trademark, utilitarian theory
- economic motivations
- global context
- US Constitution
- utilitarian basis
- social contract
- intellectual property
- non-utilitarian justification
- cause to suspect
- capture theory
- Lockean Proviso
- utilitarian theory
- romantic conception of authorship
- property rights
- rights-based non-utilitarian theory
- non-utilitarian theory
- utilitarian justification
- Fairness Theory
- state of nature