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Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of 'user's rights' and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user's rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one's actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of 'user's rights' and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user's rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one's actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
What is the social licence to operate, and what are its ethical risks and promises? This collection explores these questions from a range of perspectives. Since its first key uses in the late 1990s in application to operational risks for extraction industries, the idea of the ‘social licence to operate’ has proliferated. It has since been applied to myriad industries—including tourism, paper milling, banking, and aquaculture—and even to the work of scientists and government agencies. Yet what is the ethical status of this concept? It is easy to assume that the social licence to operate is a welcome tool to improve the ethics of profit-seeking enterprises, forcing them to genuinely respond to community and stakeholder concerns, or face operational risk if they do not. No doubt the social licence sometimes—perhaps even often—works in this way. Yet there is ethical risk as well as promise in the social licence. For the concept can be weaponised by stakeholders, taking operational legitimacy out of the hands of settled law and democratic institutions, and wedding it to shifting community attitudes. Conversely, the concept can be used as a rhetorical shield by industry, who can insist they possess a social licence even when engaging in fraught ethical practice. These conflicting uses give rise to a separate worry: that the social licence is too ambiguous to function as anything but a meaningless buzzword, a distraction from high ethical standards and strong governance regimes. This Collection interrogates these challenges, exploring in a range of contexts whether and how the social licence’s ethical promise can be secured, and its risks mitigated.
This book investigates the ethical values that inform the global carbon integrity system, and reflects on alternative norms that could or should do so. The global carbon integrity system comprises the emerging international architecture being built to respond to the climate change. This architecture can be understood as an 'integrity system'- an inter-related set of institutions, governance arrangements, regulations and practices that work to ensure the system performs its role faithfully and effectively. This volume investigates the ways ethical values impact on where and how the integrity system works, where it fails, and how it can be improved. With a wide array of perspectives across many disciplines, including ethicists, philosophers, lawyers, governance experts and political theorists, the chapters seek to explore the positive values driving the global climate change processes, to offer an understanding of the motivations justifying the creation of the regime and the way that social norms impact upon the operation of the integrity system. The collection focuses on the nexus between ideal ethics and real-world implementation through institutions and laws. The book will be of interest to policy makers, climate change experts, carbon taxation regulators, academics, legal practitioners and researchers.
Research in Ethical Issues in Organizations (REIO) is a double-blind, peer-reviewed series that publishes rigorous academic research into organizational ethics from a wide variety of disciplinary perspectives. In this volume, Educating for Ethical Survival, a special section focuses on the challenges of teaching ethics to practically minded students, aiming to make the task of teaching applied ethics more tractable and constructive. Further contributions explore a range of aspects of ethical survival. Topics covered include: propensity to moral disengagement ability to survive ethically amid discord finding ethical survival globally ethical survival of students content of social ethics courses why reflection is important in personal learning as a global citizen. Suited for professionals, educators and researchers, this book poses questions about the nature of ethical survival in a rapidly changing world and about the role of ethics in organizations.
Once a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years - when the students entering law schools today reach the peak of their profession - as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford's critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the 'critical', 'theoretical' and 'ethical' dimensions of legal education and legal practice in making more effective practitioners - placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client's ethical advice to playing a key role in the emergence of an international rule of law as they had to the 'domestic' rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
Once a highly cosmopolitan profession, law was largely domesticated by the demands of the Westphalian state. But as the walls between sovereign states are lowered, law is globalizing in a way that is likely to change law, lawyering and legal education as much over the next 30 years - when the students entering law schools today reach the peak of their profession - as it has over the last 300. This book provides a sustained investigation of the theoretical and practical aspects of legal practice and education, synthesizing and developing nearly thirty years of Professor Sampford's critical thought, analysis and academic leadership. The book features two major areas of investigation. First, it explains the significance of the 'critical', 'theoretical' and 'ethical' dimensions of legal education and legal practice in making more effective practitioners - placing ethics and values at the heart of the profession. Second, it explores the old/new challenges and opportunities for ethical lawyers. Challenges include those for lawyers working in large organisations dealing with issues from international tax minimisation to advising governments bent on war. Opportunities range from the capacity to give client's ethical advice to playing a key role in the emergence of an international rule of law as they had to the 'domestic' rule of law. The book should stimulate great interest and occasional passion for legal practitioners, students, teachers and researchers of law, lawyering, legal practice and legal institutions. Its inter-disciplinary approaches should be of interest to those with interests in education theory, international relations, political science and government, professional ethics, sociology, public policy and governance studies.
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