Nach einer Einführung zur Schutzentwicklung und Begriffsbestimmung befasst sich die Arbeit mit internationalen und europäischen Maßnahmen, um einen Überblick über die aktuellen Instrumente und Regelungsmöglichkeiten zum Kulturgüterschutz zu gewinnen. Die Analyse der Rechtslage zum Kulturgüterschutz in der Bundesrepublik Deutschland - insbesondere im Hinblick auf die Umsetzung der Unesco-Konvention von 1970 - schließt sich an, wobei sich zeigt, dass diese noch eine Reihe von schwerwiegenden Mängeln aufweist. Ein Ausblick auf künftige Entwicklungen im Rahmen des internationalen Kulturgüterschutzes rundet die Arbeit ab.

In the global marketplace of ideas, accusations are often made that certain countries refuse to protect intellectual property (IP). This accusation fails to account for cultural differences in the recognition of IP This paper considers the impact of cultural variables upon a nation’s level of (IP) protection. Cultural variables such as humane orientation and in-group collectivism have a negative impact upon IP protection, while uncertainty avoidance and future orientation have a positive impact upon IP (...) protection. Managerial implications of these findings are discussed. (shrink)

Intangible cultural heritage is an invaluable treasure for human being and China is a country endowed with rich ICH. Among all the measures of safeguarding ICH, intellectual property tools are effective while controversial. As China started relatively late in the legal protection of ICH, the gap between legislation and judiciary needs to be filled in. This study examines the IP protection of ICH in China based on the current laws and regulations and then provides a semiotic (...) approach to the relevant legal evolution in China. This study, taking in some experiences outside China, goes further to provide recommendations for improving the IP protection in China. (shrink)

Science is critical and thrives on discourse. However, new challenges for science and academic freedom have arisen from an often-discussed cancel culture and an increasing demand for safe spaces, which are justified by their assumed protection against microaggressions. These phenomena can impede scientific progress and innovation by prohibiting certain thought processes and heterodox ideas that eventually result in new ideas, publications, statements, etc. In this paper, we use the approach of property rights ethics to shed light on these (...) phenomena, especially in academia. First, we argue that microaggressions must be generally tolerated according to property rights ethics as the starting point for discussion. Then, we analyze cancel culture and safe spaces in academia. To this end, we distinguish between two basic cases in the educational system. We show that cancel culture and safe spaces seem justifiable in a private education system but have no place in public, tax-funded universities from the perspective of property ethics. Our essay contributes, on the one hand, to the economic analysis of science and, on the other hand, to the ethical study of new phenomena in modern societies. (shrink)

Recent debate has focused on the use of intellectual property regimes for the protection of indigenous resources. Both domesticated crops and useful wild plants are shaped by indigenous knowledge and by their uses within indigenous cultures. This implies that the preservation of cultural systems is as important as the conservation of the associated biological resources. Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. (...) Four recent books that discuss the problems that arise from the application of IPR for the protection of indigenous resources highlight a salient issue: that current IPR systems may conflict and undermine the culture, social structure, and knowledge systems of indigenous societies. In order to support conservation through indigenous management of biodiversity, a number of steps are required for the negotiation of intellectual property systems that are more compatible with indigenous people's value systems and concepts of ownership. (shrink)

Considering that culture is the product of creative and human processes, it is believed that intellectual property is a legal tool that allows for its protection given that it helps conserve, safeguard and preserve its tangible and/or intangible assets. In the case of digital heritage, which is made up of digital elements that should be preserved due to their cultural value, some challenges have arisen regarding their legal protection. One of these challenges is the lack of (...) clarity about how the elements that comprise it should be protected, giving rise to doubts about how intellectual property should help solve this conflict. This article presents the discussion regarding the protection of digital heritage in Colombia, how copyright is becoming an instrument that contributes to its legal protection, and the challenges to further develop it in the country. (shrink)

Faced with this divergence of views, the studies in this book therefore focus on the broader issue of whether archaeologists and other cultural heritage experts should ever work with the military, and if so, under what guidelines and ...

The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions provides an international policy lens for analysing broad debates on issues of cultural globalization and development. The interdisciplinary contributions in this volume offer a fresh understanding of these key issues whilst examining cultural globalization, which is conceived in terms of artistic expressions and entertainment industries and interpreted anthropologically as the rituals, symbols, and practices of everyday life. The broad gamut of theories, (...) methods, and evidence collected by the editors outlines UNESCO's accomplishments, shortcomings, and future policy prospects. This edited collection has a clear message: The Convention is a useful and important instrument in the debate on cultural diversity, but not broad enough or sufficient to confront major challenges concerning human rights, sustainability, and cultural diversity as a whole. (shrink)

The present study aims to assess the restriction of private ownership on the cultural-historical property based on the public interest and evaluate how this restriction is explained and what restrictions the cultural heritage rules and regulations impose on the private ownership. The present descriptive and analytical study seeks to examine the above-mentioned questions using the library method. Based on the results, statute law has defined a large number of restrictions for the owner including the owner restriction in (...) the obligation to declare, implement protection plans, as well as sale and transfer of the cultural-historical property. Theories such as public interest are considered as the basis for the restriction of ownership on historical-cultural property. (shrink)

Drawing on debates about Intangible Cultural Heritage (ICH) safeguarding at the local and international level, Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention, explores the theoretical and practical implications of the intertwinement between these policy fields. Considering how Sustainable Development (SD) priorities are influencing representations of ICH, the volume questions how they are expanding the frontiers of the heritage realm and unsettling accepted understandings of the social uses of heritage. The contributing authors, who hail from a (...) variety of different contexts and disciplinary backgrounds, explore these issues from a unique vantage point as both scholars and actors of the processes they analyze. Playing different roles in the implementation of the Convention, their positioning as insiders allows for a unique analytical perspective that is based on first-hand engagement with the practices of the Convention. Intangible Cultural Heritage and Sustainable Development: Inside a UNESCO Convention sheds light on the complexity, potential and consequences of combining ICH and SD at the policy-making level and in heritage practices on the ground. It will be of interest to academics and students working in heritage studies, development studies, anthropology, archaeology, international law, political science, international relations and sociology. (shrink)

My point of departure in this essay is Smith’s definition of government. “Civil government,” he writes, “so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all.” First I unpack Smith’s definition of government as the protection of the rich against the poor. I argue that, on Smith’s view, this is (...) always part of what government is for. I then turn to the question of what, according to Smith, our governors can do to protect the wealth of the rich from the resentment of the poor. I consider, and reject, the idea that Smith might conceive of education as a means of alleviating the resentment of the poor at their poverty. I then describe how, in his lectures on jurisprudence, Smith refines and develops Hume’s taxonomy of the opinions upon which all government rests. The sense of allegiance to government, according to Smith, is shaped by instinctive deference to natural forms of authority as well as by rational, Whiggish considerations of utility. I argue that it is the principle of authority that provides the feelings of loyalty upon which government chiefly rests. It follows, I suggest, that to the extent that Smith looked to government to protect the property of the rich against the poor, and thereby to maintain the peace and stability of society at large, he cannot have sought to lessen the hold on ordinary people of natural sentiments of deference. In addition, I consider the implications of Smith’s theory of government for the question of his general attitude toward poverty. I argue against the view that Smith has recognizably “liberal,” progressive views of how the poor should be treated. Instead, I locate Smith in the political culture of the Whiggism of his day. (shrink)

The International Bill of Rights enshrines a right to health, which includes a right to access essential medicines. This right frequently appears to conflict with the intellectual property regime that governs pharmaceutical patents. However, there is also a human right that protects creative works, including scientific productions. Does this right support intellectual property protections, even when they may negatively affect health? -/- This article examines the recent attempt by the Committee on Economic, Social and Cultural Rights to (...) resolve this issue and argues that it fails. This is problematic because it means defenders of the present patent regime can continue using human rights documents to support their position. I offer a new framework for resolving the problem by examining the values that underlie human rights. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in (...) shared practices that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

Legal scholars and philosophers have long been engaged in what has been called 'the pursuit of the holy grail of property' - the secret of the internal structure of property in law. Attempts to capture the idea of property have encountered two fundamental problems. First, it has been notoriously difficult to advance beyond the observation that property involves 'ownership' of 'things', with the incidents of ownership and the list of things owned an essentially descriptive task. Second, (...) it is difficult to explain the wildly inconsistent power that property rights - even when identified - seem to enjoy.In this book, Professor Underkuffler advances our understanding of what property is, as an idea, and the power that claimed property rights should have against competing public interests. There is, she argues, a deeper analytical structure of the idea of property that we can uncover, and - as a result of that discovery - deeper reasons that we can find for property's variable power. It is not a random or unprincipled event that property generally protects in cases involving land titles or patent claims, and fails to protect in cases involving environmental regulation or redistributive taxation. She argues that these results are driven - indeed, predetermined - by the nature of property, as an idea, and the conflicts of that idea with competing public interests. The implications of this book are far-reaching. It explains and justifies - on new grounds - why some property claims are traditionally powerful in law, and others not. It suggests how property rights in controversial or emerging areas should be treated, such as those involving the body as property, personal information as property, cultural property, and state redistributive claims. Finally, it establishes why the protection of property is, in fact, necessarily different from freedom of speech, freedom of religion, due process of law, and other rights - necessitating its different treatment, and lesser protection, as a constitutional right. (shrink)

Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because “the (...) relative isolation of the communities ensures minimal gene flow.” Such studies raise a number of issues related to privacy rights, property rights, informed consent, and group rights versus individual rights. These issues recently came to light in a case brought by the Havasupai Tribe and its members over the use of blood samples, handprints, and genealogy information initially taken by researchers at Arizona State University for a diabetes project. These materials were then allegedly used by researchers at ASU and other institutions for a multitude of unauthorized purposes, including research into the frequency of mental health disorders and the origin of human populations. Consequently, the affected members sued for damages under several legal theories. However, underlying all of these claims was the allegation that this unauthorized use of genetic resources and data not only injured the individuals who gave samples, but also caused a collective harm to the Havasupai Tribe and the cultural and spiritual beliefs of its members. (shrink)

The Resilience Scale for Adolescents is a highly rated scale for measuring protective factors of resilience. Even though the READ has been validated in several different cultural samples, no studies have validated the READ across samples in German from Switzerland and Germany. The purpose of this study was to explore the construct validity of the German READ version in two samples from two different countries and to test the measurement invariance between those two samples. A German sample and a (...) German-speaking Swiss sample of seventh graders completed the READ, Hopkins Symptom Checklist, Rosenberg Self-Esteem Scale, General Self-Efficacy Scale, and Satisfaction with Life Scale. The expected negative correlations between READ and HSCL-25 and the positive correlations between RSE, self-efficacy, and SWL were supported. Furthermore, the results of the measurement invariance demonstrated that the originally proposed five-dimensional structure is equal in the German and Swiss samples, and it can be assumed that the same construct was assessed by excluding one item. The five-factor, 27-item solution is a valid and reliable self-report measure of protective factors between two German-speaking samples. (shrink)

The impacts of early fishing on aquatic ecosystems were minimal, as primitive technologies were used to harvest fish primarily for food. As fishing technology grew more sophisticated and human populations dispersed and expanded, local economies transitioned from subsistence to barter and trade. Expanded trade networks and mercantilization led to surplus catches becoming tradable commodities. Today, global export fish commodities, including fresh, frozen, cured, and canned fish, are valued at over US$ 100 billion, but commoditization loses the ecological imperative, with overfishing (...) the result. To sustain global fisheries, human and ecosystem relationships with living fish need to be valued, as fish landed for both food and profit. Toward this end, we propose two decommoditization strategies: (a) valuing cultural property, the intergenerational relationships of people to places, in environmental policy and (b) instituting social subsidies that reward or enable local communities to cooperate in sustaining aquatic living resources, such as with marine protected areas. (shrink)

Traditional folk music refers to customary songs and tunes played since time immemorial in a specific area. As an expression of culture and identity, this kind of music can be deemed as the heritage of the local community in its entirety, and derives from musical practices transmitted orally and repeated over a long period of time by a group of people, who, in so doing, keep their traditions alive. From this point of view, the owner of traditional folk music is (...) not a specific composer, but all the members of a local community. But this clashes with the efforts to copyright traditional folk music expressions, since often copyright acts do not recognize forms of collective ownership on folklore and traditional knowledge. This paper aims to discuss possible solutions to tackle the issues related to the protection of traditional folk music, by considering not only the literature in the field of intellectual property, but also the outcomes of the legal formants and the comparative methodology, taking into consideration the studies of the social sciences involved in this topic, in particular anthropology and ethnomusicology. The final task is to find a place for traditional folk music within the framework of copyright law and verify its level of protection. (shrink)

The basic risk for culture in conditions of globalization consists in full submission of its existence to economic (market) rules. The masscult deprived a variety - a product of such submission. But a source of creative development was and there is a cultural variety. Domination of a masscult leads to decrease in creative potential of the person and a society. Becoming of metaculture as culture of gift of a modern society represents alternative as to principles of a masscult, and (...) ideas of multiculturalism and tolerance. The principle of tolerance is a recognition of powerlessness to involve cultures in productive dialogue, de-facto it is recognition of the established cultural barriers. The culture of gift (metaculture) is based on following principles: 1) reflexivity, 2) ethicness, 3) positive role ofOtherness, 4) the sacrifice of an autonomy to (accept of gift), 5) new cultural-historical type of rationality is focused not on things, but on events, 6) more easy approach to products of cultural creativity and in this direction - alternative to deadlocks of protection to intellectual property (copyright). Development of metaculture corresponds to principles of a symbolical exchange and «copyleft». (shrink)

This paper begins with a sketch of a few themes in the philosophy of property insofar as they relate to the concept of cultural appropriation. It then offers a survey of Edmund Husserl’s account of culture. These reflections put us in a better position to ask whether property ownership provides a suitable interpretative framework for acts of intercultural copying and influence. On the contrary, Husserl’s account of culture leads us away from the claim that members of a (...) cultural group should be understood to have property in cultural formations arising within their group. By putting meaning, rather than ownership, at the center of our understanding of culture, the paper offers an alternative account of what might be wrong, when there is something wrong, with events typically labeled culturally appropriative. The paper concludes by connecting concerns for cultural appropriation with conceptions of cultural authenticity, distinguishing between an autochthonal sense of authenticity, focused on internal origins and protection from outside forces, and a Husserlian sense of authenticity, connected to reason, responsibility, and truth. (shrink)

One strategy for indigenous producers competing with global capital is to obtain geographic source protection (a form of trademark) for products traditionally associated with a cultural grouping or region. The strategy is controversial, and this article adds an additional reason to be cautious about adopting it. Specifically, consumers increasingly consume brands not for the products they designate but for the affiliation with the brands themselves. Since the benefits of source protection depend upon a consumer's desire to have (...) a product actually from that source community, if consumers care more about the brand designation than the actual source, then those benefits will be more difficult to realize. In such an environment there would be tremendous pressure both to produce products that conform to (often exoticized) western images of cultures and to create property rights in the culture itself, empowering elites to further marginalize and suppress dissenting views. (shrink)

The article deals with the sociocultural and historical background of the Olivencia Report and relates this to the document's content, particularly, to its recommendations for Spanish Boards. A discussion of the distinctively Spanish understandings of loyalty, due diligence and transparency is included. The work ends with insights into parallelisms between corporate governance and political government, specifically on the role of culture, democratic representation and accountability, the distribution of power, the protection of property rights and equality.

A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the most primitive manifestation of a fundamental legal choice: the balance between the protection of the owner’s property rights and the enhancement of the buyer’s reliance (...) on contracts. We test four prominent theories: functional equivalence, legal origins, political economics and cultural economics. We find that a culture of self-reliance is the key determinant of comparative variation in this area of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 100-101 [Access article in PDF] Kathy Eden. Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus. New Haven, CT: Yale University Press, 2001. Pp. ix + 194. Cloth, $35.00. When Erasmus returned from England to the continent in 1500 almost all his money was confiscated before he embarked, although his patron, Lord Mountjoy, had assured (...) him that customs regulations applied only to English currency. Upon his arrival in Paris—poor as a church mouse and feeling rather unwell—he immediately set out writing a new gift for his patron, lest Mountjoy would assume that the humanist was angry with him. A few days later Erasmus had gathered a modest collection of 818 proverbs or adagia, a "treasury or storehouse of the accumulated wealth of classical antiquity collected for common use and thus one of his principal contributions to a cultural program for cooperation," as Kathy Eden defines them (4); not a material but an intellectual wealth, a wisdom transmitted throughout generations and civilizations in the form of proverbs.This Adagiorum Collectanea became a bestseller because it provided both humanists and careerists with numerous bon mots to embellish their (Latin) style and to enhance their arguments. During his first visit to Italy Erasmus spent a few months in the household of the famous humanist and printer Aldus Manutius in Venice. This resulted in a reissue in [End Page 100] 1508 of what was now entitled Adagiorum chiliades, since the collection had been expounded to 3260 proverbs. It opened with 'Friends hold all things in common', an ancient wisdom acknowledging the commonality between friendship and property. Eight more official editions came from the press with an ever-increasing number of adagia, up to 4151 in the final edition, published as volume two of the collected works (Basle: Froben, 1536). Erasmus kept also enlarging the entries themselves, some of them becoming small essays—for instance, the famous Festina lente (Adag. II i 1) or the equally well-known Dulce bellum inexpertis (Adag. IV i 1)—which were even republished separately.In her introduction to Friends Hold All Things in Common Kathy Eden gives a quick survey of the genesis of the Adagia referring her readers for further information to more specific studies on the topic. In keeping with the opening adage she focuses on the ancient philosophical tradition that Erasmus claims as his intellectual inheritance from the past, a tradition rooted in the legal transfer of property. The humanist inherits his understanding of both friendship and property from an ancient philosophical tradition going back to Pythagoras and Plato, as well as Aristotle and Cicero. This pagan tradition is confronted and linked with the concepts of early-Christian writers, such as Tertullian, Origen, Jerome, Basil and Augustine. Not only is there a similarity between some ideas of pagan philosophers and Christian thinkers; they can even be a source of inspiration to pious living. The publication of the Adages also reflected changing attitudes and practices concerning property: thanks to the press of Manutius in Venice (and later of Frobenius in Basle), an increasing number of people was able to appropriate the heritage of classical wisdom, which had hitherto been the intellectual property of only very few. It was precisely in Venice, around the transition from the fifteenth to the sixteenth century, that the first laws regarding intellectual property—be it copyright of the author or protection of the printer's efforts—began to make an occurrence.The author proves to be well-read in both classical, biblical and patrologic sources—I particularly appreciated her combinations and confrontations of pagan and Christian sources. Of course, she is thoroughly familiar with Erasmus's Adagia, too, with an occasional excursion towards his other pedagogical treatises, such as the Antibarbarus, the Enchiridion or the Paraclesis, an adhortation to study Christian philosophy.Friends Hold All Things in Common is a carefully edited publication with hardly any noticeable language or printing errors. As a classicist I feel slightly disappointed... (shrink)

Values formed in culture, reflecting social relations, fulfilling a regulatory role, are defined as norms fixed in the culture of society. Moral norms that combine such properties of morality as normativity, imperativeness and evaluativeness act as significant foundations of culture. Values and norms enshrined in culture contribute to the integration and spiritual development of society The transformational processes taking place in modern society have influence on the value system. The relevance of this study is determined by the dialectic of emerging (...) contradictions in modern Russian culture caused by the formation of ambivalent values, norms, and attitudes in mass culture that have a negative impact on collective consciousness, on changing the value foundations of culture in modern society, which jeopardizes the safety of culture. In the focus of the analyzed problem, kitsch culture as a phenomenon of mass culture acts as the subject of research. The purpose of the study is to identify threats to cultural security coming from kitsch culture, which transforms the value foundations of culture, and to identify strategies to protect Russian culture. The study of the voiced issues is carried out through the prism of socio-cultural, structural-functional, interdisciplinary approaches. The novelty of the studied problem lies in the fact that kitsch culture acts as a pseudo-culture, which is devoid of aesthetic and artistic value and moral content, as one of the sources that creates certain risks and poses threats to cultural security. In particular, we are talking about the organization of joint activities of government agencies, public organizations, scientific, cultural and educational spheres, based on the principles of optimizing the constructive impact on the consciousness of the younger generation through the mediation process and inculturation. (shrink)

Resilience is the process and outcome of healthy adaptation despite significant adversity. Proliferation of research on the resilience construct has led to scientific concerns about the operationalization and measurement of resilience for assessment science and practice. Various studies that have investigated the psychometric properties and construct validity of the Resilience Scale for Adolescents have yielded inconsistent findings, which could partly be due to variations in the methodological approaches. This study investigated the factor structure and construct validity of the READ in (...) four European regions participating in the Universal Preventive Resilience Intervention Globally Implemented in Schools to Improve and Promote Mental Health for Teenagers project. Participants included adolescents aged 10–15 years from Spain, Iceland, Italy, and Poland. The five-factor model of the READ was similar across gender and participating regions. Construct validity of the READ was supported. After establishing construct separability, incremental validity was supported. The READ is a valid and reliable measure of protective factors involved in resilience and demonstrates promise for cross-cultural applicability. Recommendations for measuring resilience and validating the READ in future investigations are provided. (shrink)

PHILOSOPHY OF NATURE AND CULTURE AND ITS ROLE IN SHAPING HUMANKIND’S ATTITUDE TO NATURE We live in an era of crises. One of them, the ecological crisis, arose from the fact that the human race plunders nature, destroying, among other things, the Earth’s biodiversity. In my paper I will show that the situation is rooted in a specific worldview. Moreover, I will interrogate the question of how we can deal with the problem. Humankind’s attitude to themselves and to the world (...) (including nature) is based on beliefs and values which make up an unquestioned prejudgment. Individuals absorb it in the process of socialization, as they assimilate the widely understood traditions of the social groups to which they belong. In the Western tradition in particular, our understanding of humanity’s situation in the world and its relation to nature, which we have had since modernity, found its clearest articulation in the views of René Descartes (1596–1650). I will begin by discussing the main characteristics of this position most pertinent to the main problem identified in the title. Then I will discuss the consequences of Cartesianism for the worldview of modern man such as the radical rationalism and anthropocentrism inherent in the European attitude. In this tradition humanity is identified with subjectivity and intellectual cognition. Reality outside of human subjectivity, that is, the whole animate and inanimate nature, is treated as the object of knowledge. Nature should be explored in the spirit of modernity’s maxim “We can do as much as we know” (F. Bacon 1561-1626); it can be used to our purposes, to satisfy our growing needs. This is being done without scruple, precisely because nature is denied being the subject. It has no right to claim moral protection. Today, in the era of globalization, this way of thinking, which originated in the West, has spread over the entire globe and led to the ongoing devastation of nature. We are dealing with an ecological disaster. In the next step I will interrogate how this situation can be changed and what may be the role of philosophy in this cultural shift. Every vision of the world is a construct (the Cartesian vision being a very good example). What philosophy can do is offer a certain vision of reality, in which humanity has a friendly (symbiotic) attitude to nature and does not treat it merely as a means to their ends. Such ecophilosophy could be based on the thesis that subjectivity is the property not just of all human beings, but of all other beings as well. Such an idea can be found in the work of the German scientist and philosopher Jacob von Uexküll (1864-1944), who granted the status of the subject to every living being. He laid foundations to the concept of nature as “a community of subjects” comprising man and the entire animate world, thus breaking away from the Cartesian framework. I am going to outline briefly his position. Finally, I will point out what needs to be done, if people are to change their attitude to nature. A good theory in and of itself will not suffice. It is necessary to instill ecological convictions and values in entire societies, so that these values would eventually come to seem obvious. We need to launch an extensive education campaign of both adults and—perhaps even more importantly—children. In other words, the comprehensive protection of nature can only be promoted through the nexus of ecophilosophy and education. (shrink)

Until recently, dance was not considered to warrant copyright protection because it existed only as a live performance that was not fixed in a ‘tangible medium of expression’. Not being an object, it could not be property. But the more we try to fold dance into existing modes of copyright and conventional notions of property, the more it resists, upsetting the core assumptions of Locke's social contract theory. Legal scholars argue that the expansion of copyright protection (...) shrinks the public domain. While copyright has become more important for dancers and choreographers who wish to control the appropriation of their work that is now made available to millions of end-users online, it also potentially restricts them from engaging in a dialog with other dancers or building on inspiring dance moves across communities. This paper investigates notions of property that rely on both the commons and individual personhood in the context of dance. (shrink)

Almost everyone agrees that gun ownership is part of the complex fabric of values and traditions that comprise American society. All sides in the gun ownership debate understand that firearms are embedded deeply in America’s society and culture. But whereas for some the right to own guns is a non-negotiable promise guaranteed constitutionally, for others it is far more an element of the American experience than is desirable. This essay examines three arguments which have not usually received full treatment in (...) analytical debates, but which may help us to reframe the sharp polarization that now characterizes the discourse. The first relies on distinctively American ideals of liberty, property rights, and the right of protection from the state. The second considers the implications of American liberty and property across contemporary culture. The final argument captures a somewhat more obscure aspiration in American life: the freedom which can be enjoyed only when society has achieved the public good of safety from deadly firearms. (shrink)

Increasingly in certain circles the idea is growing up that ‘intellectual property is theft’. With companies being concentrated into multimedia groups, literary works being captured electronically, products being created for a mass-media culture, commercial exchange on a worldwide scale, the legitimacy of the creator's literary and artistic property is being challenged. Originally the ‘droit d'auteur’ or copyright were mainly protective rules laid down by law to regulate the author's status. The legal system of literary and artistic ownership still (...) ensures that creators receive revenue each time their works are reproduced, adapted or communicated to the public. In addition the droit d'auteur has another aspect through the existence of moral right, which establishes a personal link between author and work. It is true that moral right, which is sometimes seen as an obstacle to economic development, is almost non-existent in the systems of law recognizing copyright, which do not incorporate the same balance of interests as between the author and the company. On the other hand, in its formulation the droit d'auteur takes a more human approach and to say that intellectual property is theft would be equivalent to weakening, or even eradicating, a system that protects individual creators facing the reality of the exploitation of their work. This is why this criticism of legitimacy should, in my view, be considered in the context of a debate about the status of the author. The electronic capture of creative works has meant that the general public has easier access to them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 100-101 [Access article in PDF] Kathy Eden. Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus. New Haven, CT: Yale University Press, 2001. Pp. ix + 194. Cloth, $35.00. When Erasmus returned from England to the continent in 1500 almost all his money was confiscated before he embarked, although his patron, Lord Mountjoy, had assured (...) him that customs regulations applied only to English currency. Upon his arrival in Paris—poor as a church mouse and feeling rather unwell—he immediately set out writing a new gift for his patron, lest Mountjoy would assume that the humanist was angry with him. A few days later Erasmus had gathered a modest collection of 818 proverbs or adagia, a "treasury or storehouse of the accumulated wealth of classical antiquity collected for common use and thus one of his principal contributions to a cultural program for cooperation," as Kathy Eden defines them (4); not a material but an intellectual wealth, a wisdom transmitted throughout generations and civilizations in the form of proverbs.This Adagiorum Collectanea became a bestseller because it provided both humanists and careerists with numerous bon mots to embellish their (Latin) style and to enhance their arguments. During his first visit to Italy Erasmus spent a few months in the household of the famous humanist and printer Aldus Manutius in Venice. This resulted in a reissue in [End Page 100] 1508 of what was now entitled Adagiorum chiliades, since the collection had been expounded to 3260 proverbs. It opened with 'Friends hold all things in common', an ancient wisdom acknowledging the commonality between friendship and property. Eight more official editions came from the press with an ever-increasing number of adagia, up to 4151 in the final edition, published as volume two of the collected works (Basle: Froben, 1536). Erasmus kept also enlarging the entries themselves, some of them becoming small essays—for instance, the famous Festina lente (Adag. II i 1) or the equally well-known Dulce bellum inexpertis (Adag. IV i 1)—which were even republished separately.In her introduction to Friends Hold All Things in Common Kathy Eden gives a quick survey of the genesis of the Adagia referring her readers for further information to more specific studies on the topic. In keeping with the opening adage she focuses on the ancient philosophical tradition that Erasmus claims as his intellectual inheritance from the past, a tradition rooted in the legal transfer of property. The humanist inherits his understanding of both friendship and property from an ancient philosophical tradition going back to Pythagoras and Plato, as well as Aristotle and Cicero. This pagan tradition is confronted and linked with the concepts of early-Christian writers, such as Tertullian, Origen, Jerome, Basil and Augustine. Not only is there a similarity between some ideas of pagan philosophers and Christian thinkers; they can even be a source of inspiration to pious living. The publication of the Adages also reflected changing attitudes and practices concerning property: thanks to the press of Manutius in Venice (and later of Frobenius in Basle), an increasing number of people was able to appropriate the heritage of classical wisdom, which had hitherto been the intellectual property of only very few. It was precisely in Venice, around the transition from the fifteenth to the sixteenth century, that the first laws regarding intellectual property—be it copyright of the author or protection of the printer's efforts—began to make an occurrence.The author proves to be well-read in both classical, biblical and patrologic sources—I particularly appreciated her combinations and confrontations of pagan and Christian sources. Of course, she is thoroughly familiar with Erasmus's Adagia, too, with an occasional excursion towards his other pedagogical treatises, such as the Antibarbarus, the Enchiridion or the Paraclesis, an adhortation to study Christian philosophy.Friends Hold All Things in Common is a carefully edited publication with hardly any noticeable language or printing errors. As a classicist I feel slightly disappointed... (shrink)

S’il n’existe qu’un seul problème intellectuel et culturel vraiment sérieux concernant le capitalisme, c’est celui du manque d’une défense morale soutenue et largement connue, pour ne pas dire acceptée, de l’institution des droits de propriété privée.Il n’y a pas de doute, dans le monde actuel, qu’une société dotée d’une infrastructure légale où cette institution fait défaut connaisse un grave désordre économique. Le fait de ne pas respecter et protéger légalement l’institution de la propriété privée — et ses corollaires, comme la (...) liberté de contracter et de poser les termes par les parties en affaire — a provoqué les faiblesses économiques à travers le monde.Sans une défense morale, l’institution de la propriété privée, qui est la source de beaucoup d’ avantages pour nous tous, restera pour toujours vulnérable aux critiques, du style de celle de Karl Marx qui disait que “le droit de l’homme à la propriété est le droit de jouir de ses possessions et d’en disposer arbitrairement, sans souci des autres hommes, indépendamment de la société, le droit de l’égoïsme”.Cet essai proclame que contrairement aux sentiments et impressions répandus, l’institution des droits de propriété privée est en accord avec la conception pratique de la moralité humaine.If there is one really serious intellectual and cultural problem with capitalism it stems from the lack of a sustained and widely known, let alone accepted, moral defense of the institution of private property rights.Few doubt, in today’s world, that a society with a legal infrastructure that lacks this institution is in serious economic trouble. The failure to respect and legally protect the institution of private property — and its corollaries, such as freedom of contract and of setting the terms by the parties to trade — has produced economic weakness across the globe.Without a moral defense, however, the institution of private property, which is the source of a great many benefits to us all, will forever remain vulnerable to the critics, such as Karl Marx who said that “the right of man to property is the right to enjoy his possessions and dispose of the same arbitrarily, without regard for other men, independently from society, the right of selfishness.”This essay argues that contrary to such widespread sentiments and impressions, the institution of private property rights fully accords with a sensible conception of human morality. (shrink)

The COVID-19 pandemic underscored longstanding fissures in China's business relationships with the West. If the West is going to develop a relationship of mutual trust, and improve business relations with China in the coming decades, it is imperative to understand how to engage with Chinese thinking on ethics in business-this book explains how. Policy-makers, businesspeople and business-ethicists have trouble communicating about issues in ethics, policy and business across the China-West divide. This book shows how to overcome the us-versus-them mindset plaguing (...) China-West relations by presenting to Western audiences an easy-to-understand yet deeply informed primer on core ideas and perspectives in Chinese cultural and philosophical thought. The book considers original texts of Chinese philosophy and religion, and applies principles from those writings to three business ethics topics of enduring interest to business executives, policy makers, and academics, namely, the protection of intellectual property, assurance of product safety and quality in the pharmaceutical supply chain, and human rights. This book is a must-read for those who want to forge constructive relationships with their Chinese counterparts based on mutual trust and understanding. The book is specifically relevant to business executives, but it should also be of interest to policymakers, educators and students who seek to communicate more effectively with their Chinese counterparts, in particular about difficult and contentious business, policy, and ethical issues. (shrink)

abstract Demands for restitution of cultural artefacts and relics raise four main issues: 1) how claims to cultural property can be justified; 2) whether and under what conditions demands for restitution of cultural property are valid — especially when they are made long after the artefacts were taken away; 3) whether there are values, aesthetic, scholarly and educational, which can override restitution claims, even when these claims are legitimate; and 4) how these values bear on (...) the question of whether artefacts should be returned to their place of origin. I argue that a proper conception of cultural property emphasises the role that artefacts play in the practices and traditions of a collectivity. On the basis of this conception, some restitution claims can be defended as legitimate. However, many demands for restitution are not justified (including the Greek claim to the Parthenon Marbles). Moreover, a case for restitution can be more or less strong, and other considerations sometimes prevail over rights of cultural property. (shrink)

The seriousness of the COVID-19 pandemic requires a look into the implementation of drug registration rules for COVID-19 vaccines. Amidst the surrounding exigencies, vaccines being a biological product, require comprehensive and continuing pre and post registration rules to ensure their safety and efficacy. The study focuses on Malaysia which has rules on drug registration that have been successfully applied to vaccines. The study shows that the rules have been tailor-made to emergency situations. At the moment, special rules have been introduced (...) including to allow use of COVID-19 vaccines as unregistered product. Recognition of COVID-19 Vaccines Global Access (COVAX) facility and requirement for government sale only, are among the safety valves. The study shows that these however are temporary measures against the backdrops of possible entry of private players in the vaccination process. Therefore, regulatory responses to intellectual property (IP) related conditions underlying drug registration, and measures to ensure risk management involved in vaccine production, approval and administration are needed in the progressive rules pending further development of research in the area. (shrink)

The article deals with the actual problems of training specialists in the field of cults and arts for professional activity in the conditions of the rule of law; the issues of students 'professionalism are considered, which cannot be limited only by the level of narrowly focused training, but should include legal competence, which implies the formation of students' ability to carry out independent search, critical analysis, generalization of information, determination of their own position, critically comprehend and generalize the information received, (...) analyze socially and personally significant problems in the context of the rule of law, they should know legal documents, directions of cultural protection activities, to have the necessary amount of legal knowledge; the necessity of introducing the course "Protection of Intellectual property" into the educational process of universities of culture and arts, focused on understanding the issues of creating and using objects of copyright and related rights; the objectives of the course should be the development of an understanding of copyright and related rights, the rules for the protection of copyright and related rights, the study of the main trends of law enforcement practice in the field of copyright and rights related to copyright, the study of documents regulating copyright, etc. (shrink)

abstract In a number of contexts one comes across the suggestion that cultures are collective owners of cultural property, such as particularly significant works of art. Indigenous peoples are often held to be collective owners of cultural property, but they are not the only ones. Icelandic culture is said to have a claim on the Flatejarbók and Greek culture is held to own the Parthenon Marbles. In this paper I investigate the conditions under which a culture (...) is the rightful owner of cultural property. I argue against the claims that cultures inherit cultural property. I also argue that a culture's claim to own cultural property is seldom, if ever, founded on either practices employed in the culture or collective production of cultural property. I maintain, however, that the very value of cultural property for some culture can, in some instances, provide the basis for the culture's claim on the property. (shrink)

This study developed a measure of autonomy for adolescents in contemporary China. First, data from 44 interviewees—40 secondary school students, 2 parents, and 2 secondary school teachers—were used to explore the connotation and theoretical structure of autonomy in adolescents in China. Next, a preliminary Adolescent Autonomy Questionnaire was created from the interview data and administered to 775 secondary school students. Exploratory factor analysis and confirmatory factor analysis were conducted to verify the factor structure. Finally, 614 secondary school students completed the (...) Adolescent Autonomy Questionnaire, Personal Growth Initiative Scale-II, and Adolescence Ego Identity Crisis Scale to evaluate criterion validity. The final version of the Adolescent Autonomy Questionnaire included 16 items and four subscales: autonomous decision-making, autonomous regulation, autonomous protection, and autonomous problem-solving. The total variance of the cumulative interpretation questionnaire was 62.54%. The CFA results showed that the four-factor model fits the data well: χ2/df = 2.340, CFI = 0.949, RMSEA = 0.042, SRMR = 0.046. Evaluation of the psychometric properties of the Adolescent Autonomy Questionnaire provided support for the reliability and validity of the measure. Thus, it serves as an effective measurement tool for assessing the autonomy of adolescents in China. (shrink)

This paper gives an ethical argument for temporarily waiving intellectual property protections for COVID-19 vaccines. It examines two proposals under discussion at the World Trade Organization : the India/South Africa proposal and the WTO Director General proposal. Section I explains the background leading up to the WTO debate. Section II rebuts ethical arguments for retaining current IP protections, which appeal to benefiting society by spurring innovation and protecting rightful ownership. It sets forth positive ethical arguments for a temporary waiver (...) that appeal to standing in solidarity and holding companies accountable. After examining built-in exceptions to existing agreements and finding them inadequate, the paper replies to objections to a temporary waiver and concludes, in section III, that the ethical argument for temporarily waiving IP protection for COVID-19 vaccines is strong. There are no data in this work. (shrink)

Globalization has expanded its influence since the early 1980s hugely since Reagan and Thatcher were in power and devoted themselves to advocating its key ideas, such as deregulation and privatizat...

By introducing the theory of social co-governance into the field of e-commerce intellectual property protection, this paper builds an evolutionary game model among the government, e-commerce platforms, and rights holders, and studies the conditions under the stakeholders form a stable equilibrium state under different constraints. Combined with numerical simulation, the influence of individual factors and factor combinations on the system stability is analyzed. Results shows that: Strictly controlling the action costs and response costs of all parties can enhance (...) their willingness to actively deal with infringement issues; reasonable adjustment of the reward and punishment measures of government supervisory agencies can produce sufficient reverse shock and positive guidance to platform and operators; penalties should be imposed on government supervisory agencies that are not sufficiently supervised; strengthen the construction of the social environment for intellectual property protection, improve the social benefits of actively responding to infringement issues, and increase the sense of acquisition by the government, platforms and rights holders. And it provides certain positive references and suggestions for the government to formulate relevant policies. (shrink)

In this article, an argument is made for extending bioethical principles to place-based community and cultural group protections when there are conflicting perspectives on reporting individual results of biomonitoring studies. Bioethical principles of beneficence, nonmaleficence, respect for autonomy, and justice can incorporate participatory decision-making and understandings of the group conditions of individual research participants, particularly for research studies with vulnerable groups. Arguments for and against biomonitoring communication to individual participants are reviewed here. Assessments of risks and benefits of biomonitoring (...) communication can be improved by considering the contextual conditions of cultural groups and place-based communities. Providing participatory decision-making with all stakeholders about biomonitoring communication can provide more fair benefits than adopting a general, prescriptive clinical standard that favors only group report-backs when clinical utility is low and the scientific understandings of low dose exposures of chemical contaminants to humans are still uncertain. (shrink)