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Notes On Entitlement Systems - 1985, Wendy J. Gordon
Notes On Entitlement Systems - 1985, Wendy J. Gordon
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If one does harm without a privilege in our system, one pays. Our tort system suggests there is a general entitlement to the status quo, enforceable only against certain actors.
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
Outline Of Desert Theory: The No-Harm Notion - 1985, Wendy J. Gordon
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In seeking to understand what lies behind the court's apparent eagerness to grant property in intellectual products, a helpful starting place would seem to be the labour theory of property found in Locke's SECOND TREATIES OF GOVERNMENT. Speaking most generally, the theory suggests that a person who successfully uses his to her efforts to make useful those things which no one else has used or claimed may be rewarded with ownership of the things. The common law has long used a simpler variant of such a principle, awarding ownership to those who take possession of unclaimed physical resources. Creators of …