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Record W164522872

Laying Bare an Ethical Thread: From IP to Property to Private Law?

2012· article· en· W164522872 on OpenAlexaff
David Lametti

Bibliographic record

VenueSSRN Electronic Journal · 2012
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsMcGill University
Fundersnot available
KeywordsTeleologyIntellectual propertyLaw and economicsPrivate propertyTangible propertyPolitical scienceLawSociologyIntangible property
DOInot available

Abstract

fetched live from OpenAlex

I wish to claim that how we, as a society, deal with property resources is part of a moral context that reflects our values as a society or community. Indeed, I would go further to add that such a moral context imports what have been called the “social obligations” of property. Property rights are not unlimited. In examining how and why private property institutions ranging from ownership of land to ownership of a copyright are limited and indeed channelled or directed, and in analysing what justifications are offered for this in practice and theory, we inevitably expose larger ethical and moral principles: the common good, the development of individual goods, etc. Social obligations are most obvious in the various areas of intellectual property, even though we have grown accustomed to using individual, right-based vocabularies to frame IP discourse. As I shall argue, the areas of IP, especially copyright and patent, are all in some way subservient to a very ethical teleology. This teleology is present in the very foundational documents of intellectual property. The same kind of teleology is equally pervasive for private property, as a number of scholars are beginning to point out. This point however requires more excavation to unearth, and the bulk of this essay is focussed on that task. This is the “ethical thread” that I wish to expose. Once here, we have reached a point where we can begin to re-think private law in these terms: beginning with elements fundamental to the law of property, then moving to nuisance (on the cusp of property and civil responsibility), and expanding that scope into contract and tort, we can begin to see more fully what Fuller might have called the “aspirational morality” of private law.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.842
Threshold uncertainty score0.998

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.002
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.035
GPT teacher head0.346
Teacher spread0.311 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2012
Admission routes1
Has abstractyes

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