Chapter 9: Conclusions on the moral dimensions of IPRs
This work began by noting the presence of moral terms and concepts in some of the central and most critical rules of IP laws and exploring the riddles they pose (§1.1). It asked the questions: What do they mean? How do they get their meaning? And: What do they do in such systems? It noted several aspects of such institutions (dimensions) in which moral concepts and reasoning play a role, and asked: How are these inter-related? The central thesis of the work suggests that the idea of universal prescriptivism – developed by the moral philosopher R.M. Hare – as a core characteristic of what is moral in moral precepts and principles may provide a key to answering these questions. This idea was examined, critiqued and further developed in Chapter 2 to arrive at fundamental prescriptions as the basis of moral reasoning which sum up in the equal right to freedom and well-being (§2.4.7). This principle essentially restates Gewirth’s Principle of Generic Consistency in a new way to highlight the way moral terms work and the importance of the desire of participants in moral discourse to make claims that treat moral norms as having objective rational force (§2.5.1). It was also argued that the principle be identified as the prescriptive ground of the actual choices and commitments we have made as a global society through the idea of human rights as embodied in the Universal Declaration of Human Rights (§2.5.3).
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.