New essays in the legal and political theory of property

Pursuit of that end in the context of intellectual property, it is generally thought, requires lawmakers to strike an optimal balance between, on one hand, the power of exclusive rights to stimulate the creation of inventions and works of art and, on the other, the partially offsetting tendency of such rights to curtail widespread public enjoyment of those creations.

New essays in the legal and political theory of property

Generally speaking, a commitment to democracy as an object of study and deliberation is what unites democratic theorists across a variety of academic disciplines and methodological orientations.

When this commitment takes the form of a discussion of the moral foundations and desirability of democracy, normative theory results. When theorists concern themselves with the ways in which actual democracies function, their theories are empirical.

Finally, when democratic theorists interrogate or formulate the meaning of the concept of democracy, their work is conceptual or semantic in orientation.

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Democratic theories typically operate at multiple levels of orientation. For example, definitions of democracy as well as normative arguments about when and why democracy is morally desirable are often rooted in empirical observations concerning the ways in which democracies have actually been known to function.

In addition to a basic commitment to democracy as an object of study, most theorists agree that the concept democracy denotes some form or process of collective self-rule.

The etymology of the word traces back to the Greek terms demos the people, the many and kratos to rule. Yet beyond this basic meaning, a vast horizon of contestation opens up.

What values are most important for a democracy and which ones make it desirable or undesirable as a form of government? How is democratic rule to be organized and exercised? What institutions should be used and how?

Once instituted, does democracy require precise social, economic, or cultural conditions to survive in the long term? And why is it that democratic government is preferable to, say, aristocracy or oligarchy?

These questions are not new. In fact, democratic theory traces its roots back to ancient Greece and the emergence of the first democratic governments in Western history. Ever since, philosophers, politicians, artists, and citizens have thought and written extensively about democracy.

An encyclopedia of philosophy articles written by professional philosophers.

Yet democratic theory did not arise as an institutionalized academic or intellectual discipline until the 20th century. The works cited here privilege Anglo-American, western European, and, more generally, institutional variants of democratic theory, and, therefore, they do not exhaust the full range of thought on the subject.

New essays in the legal and political theory of property

General Overviews A number of works have been published that provide overviews of the different historical and contemporary forms of democratic thought.

Written by one of the most renowned democratic theorists in the United States, Dahl offers a brief and highly readable introduction to democratic thought that brings together normative and empirical strands of research.

Crick offers another brief and accessible guide to the various traditions of democratic thought, while Cunningham presents a more comprehensive survey of the different currents of democratic theory and their historical developments.

The text is notable for its discussion of theories of deliberative democracy and theories of radical pluralism, two of the more recent and popular trends in democratic theory. Held provides one of the most popular overviews of the various models of democracy coupled with a critical account of what democracy means in light of globalization.

Another critical account of the field of contemporary democratic theory is offered by Shapirowhile Keane provides a historical narrative of sweeping scope that tells the story of democratic governments and ideals as they have developed and transformed since classical Greece.

Dryzek and Dunleavy focuses on theories of the liberal democratic state, while Christiano provides an introductory exploration of normative democratic thought.

Dunn offers a collection of essays written by leading political theorists that charts the development and contemporary significance of the idea of democracy. Edited by Edward N. Emphasis is placed on the tasks of defining democracy, articulating the moral foundations of democracy, and explaining the requirements of democratic citizenship in large societies.

This collection of new essays, written by some of the most eminent scholars in the field, examines the most central issues of property theory from a variety of perspectives. The essays discuss whether property may be dissipated or used imprudently with impunity, and analyze how a person's property. Introduction. Democratic theory is an established subfield of political theory that is primarily concerned with examining the definition and meaning of the concept of democracy, as well as the moral foundations, obligations, challenges, and overall desirability of democratic governance. Fideisms Judaism is the Semitic monotheistic fideist religion based on the Old Testament's ( BCE) rules for the worship of Yahweh by his chosen people, the children of Abraham's son Isaac (c BCE).. Zoroastrianism is the Persian monotheistic fideist religion founded by Zarathustra (cc BCE) and which teaches that good must be chosen over evil in order to achieve salvation.

A Very Short Introduction. Oxford University Press, Included are discussions of some of the major issues surrounding republicanism, populism, democratic citizenship, and the conditions required for the institution of a democracy.

Presents a summary of some of the major problems that confront democracies in the real world followed by a comprehensive discussion of historical and current paradigms of democratic thought.

Yale University Press, A brief but highly accessible and informative guide to the field of democratic theory written with both scholars and the general public in mind. Dryzek, John, and Patrick Dunleavy.

Theories of the Democratic State."Lockean Theories of Intellectual Property," in New Essays in the Political Theory of Property (edited by Stephen R.

Munzer, Cambridge University Press, ) "Paternalism, Unconscionability Doctrine, and Accommodation," 29 Philosophy and Public Affairs, (Summer ) [reprinted in Jules Coleman and Joel Feinberg eds., . 1. Natural Law and Natural Rights. Perhaps the most central concept in Locke’s political philosophy is his theory of natural law and natural rights.

Fideisms Judaism is the Semitic monotheistic fideist religion based on the Old Testament's ( BCE) rules for the worship of Yahweh by his chosen people, the children of Abraham's son Isaac (c BCE)..

Zoroastrianism is the Persian monotheistic fideist religion founded by Zarathustra (cc BCE) and which teaches that good must be chosen over evil in order to achieve salvation.

Critical legal studies (CLS) is a school of critical theory that first emerged as a movement in the United States during the s.

Locke's Political Philosophy (Stanford Encyclopedia of Philosophy)

Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized ph-vs.come wide variation in the opinions of critical.

New essays in the legal and political theory of property / edited by Stephen R. Munzer. K N49 Introduction au droit des biens / par Sylvio Normand. Introduction. Democratic theory is an established subfield of political theory that is primarily concerned with examining the definition and meaning of the concept of democracy, as well as the moral foundations, obligations, challenges, and overall desirability of democratic governance.

New Essays In The Legal And Political Theory Of Property Cambridge Studies In Philosophy And Law