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Creativity Or Coorecion: Perspectives On Rights To Intellectual Property, Peter Lewin Jan 2007

Creativity Or Coorecion: Perspectives On Rights To Intellectual Property, Peter Lewin

Peter Lewin

Part one of this paper considers the question of property rights in general and asks how such rights can be justified, contrasting Consequentialist with other approaches and concludes that it is impossible to avoid a broadly Consequentialist approach. Part two considers the question of intellectual property (IP) and asks how property rights justifications apply to it. The basic economics if IP is indispensable in this discussion. Finally, part three, considers IP in the light of modern technological developments. I conclude that the real dangers lie more in the specific ways government and special interests respond to this technology than from …


Facts, Values And The Burden Of Proof., Peter Lewin Jan 2007

Facts, Values And The Burden Of Proof., Peter Lewin

Peter Lewin

I examine here the connection between facts, values, and the burden of proof, and I suggest a relationship that is always present, though seldom acknowledged. We like to think of ourselves as conducting value-free scientific inquiry, yet values inevitably intrude. This inevitable intrusion does not necessarily suggest the abandonment of the attempt to keep facts and values separate, but it does suggest that we ought to make plain our prior moral commitments as an aid to those evaluating our findings to interpret the policy significance of the “evidence.” Where one places the burden of proof in such a design is …