In Gosseries Axel, Marciano A. & Strowel A. (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave Mcmillan. pp. 29--56 (2008)

Authors
Daniel Attas
Hebrew University of Jerusalem
Abstract
This paper explores the possibility of extending Locke’s theory with respect to tangible property so that it might offer a feasible theoretical basis for intellectual property too. The main conclusion is that such an attempt must fail. Locke’s theory comes in three parts: a general justification of property which serves to explain why assets ought to be under the exclusive control of individuals; a positive method of private appropriation whereby an individual acquires a prima facie exclusive claim to previously commonly held natural resources; and third, a negative requirement that other individuals’ crucial interests are not harmed by such an appropriation. For each of these, the difficulties involved in applying that part of the theory to the sphere of ideas are discussed, and a central aspect of intellectual property that raises the problems of application is highlighted.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Buy the book Find it on Amazon.com
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 69,979
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Add more references

Citations of this work BETA

Agrobiodiversity Under Different Property Regimes.Cristian Timmermann & Zoë Robaey - 2016 - Journal of Agricultural and Environmental Ethics 29 (2):285-303.
Property Rights of Personal Data and the Financing of Pensions.Francis Cheneval - 2021 - Critical Review of International Social and Political Philosophy 24 (2):253-275.
Property Rights of Personal Data and the Financing of Pensions.Francis Cheneval - 2018 - Critical Review of International Social and Political Philosophy:1-23.

View all 10 citations / Add more citations

Similar books and articles

Analytics

Added to PP index
2014-01-28

Total views
53 ( #213,883 of 2,505,145 )

Recent downloads (6 months)
4 ( #170,004 of 2,505,145 )

How can I increase my downloads?

Downloads

My notes