Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

The _Second Treatise_ is one of the most important political treatises ever written and one of the most far-reaching in its influence. In his provocative 15-page introduction to this edition, the late eminent political theorist C. B. Macpherson examines Locke's arguments for limited, conditional government, private property, and right of revolution and suggests reasons for the appeal of these arguments in Locke's time and since.

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory of second (...) best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

Intellectual property has become the apple of discord in today’s moral and political debates. Although it has been approached from many different perspectives, a final conclusion has not been reached. In this paper I will offer a new way of thinking about intellectual property rights (IPRs), from a left-libertarian perspective. My thesis is that IPRs are not (natural) original rights, aprioric rights, as it is usually argued. They are derived rights hence any claim for intellectual property is weaker than the (...) correlative duties attached to self-ownership and world-ownership rights, which are of crucial importance in any left-libertarian view. Moreover, IPRs lack priority in front of these two original rights and should be overridden by stronger claims of justice. Thus, as derived rights, IPRs should not benefit of strong enforcement like any original rights especially if it could be in the latters’ detriment. (shrink)

This paper examines the question whether, and to what extent, John Locke’s classic theory of property can be applied to the current debate involving intellectual property rights (IPRs) and the information commons. Organized into four main sections, Section 1 includes a brief exposition of Locke’s arguments for the just appropriation of physical objects and tangible property. In Section 2, I consider some challenges involved in extending Locke’s labor theory of property to the debate about IPRs and digital information. In Section (...) 3, it is argued that even if the labor analogy breaks down, we should not necessarily infer that Locke’s theory has no relevance for the contemporary debate involving IPRs and the information commons. Alternatively, I argue that much of what Locke has to say about the kinds of considerations that ought to be accorded to the physical commons when appropriating objects from it – especially his proviso requiring that “enough and as good” be left for others – can also be applied to appropriations involving the information commons. Based on my reading of Locke’s proviso, I further argue that Locke would presume in favor of the information commons when competing interests (involving the rights of individual appropriators and the preservation of the commons) are at stake. In this sense, I believe that Locke offers us an adjudicative principle for evaluating the claims advanced by rival interests in the contemporary debate about IPRs and the information commons. In Section 4, I apply Locke’s proviso in my analysis of two recent copyright laws: the Copyright Term Extension Act (CTEA), and the Digital Millennium Copyright Act (DMCA). I then argue that both laws violate the spirit of Locke’s proviso because they unfairly restrict the access that ordinary individuals have previously had to resources that comprise the information commons. Noting that Locke would not altogether reject copyright protection for IPRs, I conclude that Locke’s classic property theory provides a useful mechanism for adjudicating between claims about how best to ensure that individuals will be able to continue to access information in digitized form, while at the same time also allowing for that information to enjoy some form of legal protection. (shrink)

Digitized information and network have made an enormous impact on the music and movie industries. Internet piracy is popular and has greatly threatened the companies in these industries. This study tests Hunt-Vitell’s ethical decision model and attempts to understand why and how people share unauthorized music files with others in the peer-to-peer (P2P) network. The norm of anti-piracy, the ideology of free software, the norm of reciprocity, and the ideology of consumer rights are proposed as four deontological norms related to (...) using P2P systems. The model is tested using a scenario survey with four alternatives; the results indicate that the deontological norm of anti-piracy is not a main factor in affecting P2P users’ ethical considerations regarding sharing files with others. This finding suggests that to protect their property rights, record companies should try to realize the consumer benefits brought via new digital and network technology, instead of simply declaring their intellectual property and resisting the innovations resulting from new technologies. (shrink)

Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.

Technological revolutions are dissected into three stages: the introduction stage, the permeation stage, and the power stage. The information revolution is a primary example of this tripartite model. A hypothesis about ethics is proposed, namely, ethical problems increase as technological revolutions progress toward and into the power stage. Genetic technology, nanotechnology, and neurotechnology are good candidates for impending technological revolutions. Two reasons favoring their candidacy as revolutionary are their high degree of malleability and their convergence. Assuming the emerging technologies develop (...) into mutually enabling revolutionary technologies, we will need better ethical responses to cope with them. Some suggestions are offered about how our approach to ethics might be improved. (shrink)

Does intellectual property satisfy the requirements of the Lockean proviso, that the appropriator leave “enough and as good” or that he at least not “deprive others”? If an author's appropriation of a work he has just created is analogous to a drinker “taking a good draught” in the flow of an inexhaustible river, or to someone magically “causing springs of water to flow in the desert,” how could it not satisfy the Lockean proviso?

This book presents an attempt to develop a theory of knowledge and a philosophy of mind using ideas derived from the mathematical theory of communication developed by Claude Shannon. Information is seen as an objective commodity defined by the dependency relations between distinct events. Knowledge is then analyzed as information caused belief. Perception is the delivery of information in analog form for conceptual utilization by cognitive mechanisms. The final chapters attempt to develop a theory of meaning by viewing meaning as (...) a certain kind of information-carrying role. (shrink)

In debates about the moral foundations of intellectual property, one very popular strand concerns the role of labor as a moral basis for intellectual property rights. This idea has a great deal of intuitive plausibility; but is there a way to make it philosophically precise? That is, does labor provide strong reasons to grant intellectual property rights to intellectual laborers? In this paper, I argue that the answer to that question is “yes”. I offer a new view, different from existing (...) labor theories of intellectual property, which I call the productive capacities view. This view gives us a way to make sense of the idea of labor as the basis for intellectual property rights, as well as a tool for critically evaluating existing intellectual property institutions. (shrink)

Although the expression 'intellectual property' is widely used, it could be argued that the very idea of intellectual property is incoherent. After all, ideas are not like land, houses or clothing; surely they are not the sorts of things that can be owned? I shall examine two arguments - one ontological, one jurisprudential - that put pressure on the coherence of the idea of intellectual property, both leading to the conclusion that intellectual property rights are not genuine property rights, but (...) rights to monopolies. In setting up and responding to the first argument, I discuss the applicability of the type/ token distinction to intellectual property law; a distinction I also appeal to as a way of clarifying my response to the second argument. (shrink)

This paperback edition reproduces the complete text of the Essay as prepared by professor Nidditch for The Clarendon Edition of the Works of John Locke. The Register of Formal Variants and the Glossary are omitted and Professor Nidditch has written a new foreword.

Who are we, and how do we relate to each other? Luciano Floridi, one of the leading figures in contemporary philosophy, argues that the explosive developments in Information and Communication Technologies is changing the answer to these fundamental human questions. As the boundaries between life online and offline break down, and we become seamlessly connected to each other and surrounded by smart, responsive objects, we are all becoming integrated into an "infosphere". Personas we adopt in social media, for example, feed (...) into our 'real' lives so that we begin to live, as Floridi puts in, "onlife". Following those led by Copernicus, Darwin, and Freud, this metaphysical shift represents nothing less than a fourth revolution. "Onlife" defines more and more of our daily activity - the way we shop, work, learn, care for our health, entertain ourselves, conduct our relationships; the way we interact with the worlds of law, finance, and politics; even the way we conduct war. In every department of life, ICTs have become environmental forces which are creating and transforming our realities. How can we ensure that we shall reap their benefits? What are the implicit risks? Are our technologies going to enable and empower us, or constrain us? Floridi argues that we must expand our ecological and ethical approach to cover both natural and man-made realities, putting the 'e' in an environmentalism that can deal successfully with the new challenges posed by our digital technologies and information society. (shrink)

Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to favor a substantially (...) limited rights regime. Second, the attempt to understand intellectual property as an instance of Lockean property, though admittedly anachronistic, offers an opportunity to further our understanding of Locke's own thought. My major claim will be twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke's provisos—specifically the widely neglected spoilage proviso—would sharply limit the scope of any entitlements. My secondary claim will accordingly be that the spoilage proviso's neglect is undeserved, and that it deserves a more central place in our understanding of Locke. I will not here address whether Locke provides the right way to think about property, whether IP is a good idea, or whether property rights ought to include a right to destroy; my concern is to elucidate Locke's arguments and then to block this application of them. (shrink)

The purpose of this paper is to assess the emergence of the pirate movements in the European Union. Our goal is to sketch the steps towards a research agenda for this grassroots political movement which gained momentum since 2009. To attain our goal we showed the re-signification of the concept of piracy in the debate around intellectual property and its institutional settlement. Afterwards we analysed the big political themes of several European Pirate Parties and their struggle to follow the preferences (...) of the median voter. We concluded with a set of hypotheses of which the most important is that the pirates will inscribe neither to the left nor to the right part of the political spectrum. (shrink)