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Property
Prof Merges
1.11.10
Logistics
Course website:
http://www.law.berkeley.edu/institutes/bclt/st
udents/2009_spring_intro_ip.htm
Two Main Themes Today
Philosophical foundations
Fundamentally
liberal: a balanced
view of property
Rejects the
libertarian
Locke of the
1980s
The is mixing idea and labor
Spoliation
Charity
Labor is far from an absolute claim
to title
He that had as good left for his
improvement as was already taken up
needed not complain, ought not to
meddle with what was already
improved by anothers labour; if he
did it is clear he desired the benefit of
anothers pains . . .
-- 2nd Treatise, 33
Wendy Gordon: IPs roots in restitution
Individual will
Autonomy (freedom to
choose and act)
Simple version
Hegels chair
Appropriation (contd)
Kant Hegel
Utilitarian Perspective
By the principle of utility is
meant that principle which
approves or disapproves of
every action whatsoever,
according to the tendency
which it appears to have to
augment or diminish the
happiness of the party
Jeremy Bentham
whose interest is in
(1748-1832) question: or, what is the
same thing in other words,
to promote or to oppose
that happiness."
Utilitarian moral philosophy or
ethics can be simply described as
"the art of directing men's action to
the production of the greatest
possible quantity of happiness, on
the part of those whose interest is
in view."
John Stuart Mill
Mill argues that the
moral worth of
actions is to be
judged in terms of
the consequences of
those actions. In this
he contrasts his own
view with that of
those who appealed
to moral intuitions.
The utilitarian perspective