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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.
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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