(Oct. 2015), https://www.aei.org/wp-content/uploads/2015/10/Can-economic-and-historical-analyses-end-copyright-laws-property-monopoly-disputes.pdf. They are really only properties of the act or other event by which such pleasure or pain has been produced; so they are only to be taken into the account of the tendency of that act or event. I, 8, cl. Feature Flags: { Moreover, a low recidivism rate would increase the happiness of society because taxpayers do not have to pay for multiple prison sentences and can benefit from the offender becoming a productive member of society. This empirical work is in accord with recent theoretical law and economics analyses that explain why the patent system functions as an engine of economic growth and innovation. Though not fully articulated until the 19 th century, proto-utilitarian positions can be discerned throughout the history of ethical theory. [6] In particular, Lockes essay Of Property, the fifth chapter of the Second Treatise, offers a justification for the acquisition and enjoyment of private property. Stated somewhat differently, in the broad understanding of property held by Madison and the Founding Fathers, a person has a natural right to the fruits of his or her labor. Render date: 2022-11-04T07:33:31.626Z At the end of the 20th century, torture thrives most in societies characterized by gross inequalities of power or where one ethnic or religious community seeks to repress, through force, the interests of another. Because of the influence that utilitarianism and drug-related problems have on the political and philosophical world, I hope that my research will help both fields address some of the complex issues the world is facing. This situation ignores the complexities of the mothers case, causing both her and her children a significant amount of unnecessary pain. Lastly, I would like to thank my friends and family for always supporting me. Stuart, John At least as far as society on the outside is concerned, the criminal cannot offend while locked up, and that is a good thing. This judgment was made according to the principle of utility, where an action provides greater happiness and benefit for society than if the action was not taken.773 Utilitarian justifications are often Copyright Office. Jeremy Bentham designed the utility calculus as a mechanism to apply utilitarian values to government policies; however, I discovered that the utility calculus is incredibly complex and relative. Utilitarian Justification: Sees some aspect of the environment as valuable because it benefits individuals economically or is directly necessary to human survival. Bentham, Jeremy, Principles of International Law in Bowring, John, Works of Jeremy Bentham. (This content is not subject to review by Daily Kos staff prior to publication. This Antebellum experience was evidence of a common conceptual understanding about copyright and patent protection rooted in natural rights principles, according to May and Cooper. The Works of Bentham.The Works of Jeremy Bentham, Vol. Consistent with that acknowledgment, the Founding generation wasted no time in ensuring that IP rights were given their due. The utilitarian justification for punishment appeals to what is best for society in general, and over the long run. The Essay on Affirmative Action Is Wrong. Various arguments exist questioning if an abortion is morally justifiable. Labour . I will, however, make the case of rule utilitarianism. According to utilitarianism, we should . Criticism has not diminished its importance. [19] See May & Cooper, supra note 5, at 100. I believe that the utilitarian perspective of looking at a situation holistically with the goal of creating happiness could have an overall positive effect on the United States criminal justice system, despite the problems associated specifically with the utility calculus. 3 (The Congress shall have PowerTo regulate Commerce with foreign Nations, and among the several States.). These last two, however, are not strictly properties of the pleasure or the pain itself, so they arent strictly to be taken into the account of the value of that pleasure or pain. I also hope that by contemplating my conclusion, readers will have an increased investment in understanding the methodology of punishment and how this methodology could be improved and clarified in the United States. [51] See Intellectual Property and the U.S. Economy: Industries in Focus, U.S. Department of Commerce (Mar. Basically, utilitarianism states that every action has a consequence, which is more significant than the action itself. [1] Robust federal protection for IP is not just important to Americas economic future, but also consistent with constitutional originalism and the early U.S. historical understanding of the nature and role of IP. Specifically, I would like to thank Professor Smith for his guidance throughout the REAP process, including mentoring me on the complexities of utilitarianism and the US criminal justice system and guiding me throughout the process of creating an extensive philosophical research paper. When the utilitarian and retributive principles lead us to the same conclusion, that is a most felicitous circumstance; for the fact is that no one can be absolutely certain as to what punishment will be most beneficial to society, and even if we believe in free will, it is hard to say sometimes just what a person deserves. utilitarian justification. art. Supporters of robust IP rights can therefore claim the force of history and constitutional political philosophy, while critics fail in their claims that IP rights are special privileges that should be deemed second-class property rights (if they qualify as rights at all). The effects of industrial activity on man's well-being was not unknown before this century. I took particular interest in the ideological purpose behind US judicial laws. 12. Some say the state should decide on the legality of an abortion, some politicians say the federal government should decide . Utilitarianism in collection edited by Warnock, Mary (1969) London: Fontana, pp 3334 Yahweh ordered the Heebrews to raid the residents of Canaan. The conclusion, then, is that since capital punishment is not useful in producing a better world, it should be abolished. Bentham, Jeremy. These DOJFTC guidelines were part of a broad bipartisan American consensus that generally favored strong IP rights. Trade Commn, Antitrust Guidelines for the Licensing of Intellectual Property, file:///C:/Users/abbotta/Downloads/Against%20Intellectual%20Property_2%20(1).pdf, https://www.princeton.edu/~ota/disk2/1986/8610/8610.PDF, http://www.heritage.org/initiatives/first-principles/primary-sources/madison-on-property, http://press-pubs.uchicago.edu/founders/documents/a1_8_8s7.html, http://scholarship.law.berkeley.edu/facpubs/64, http://www.presidency.ucsb.edu/ws/?pid=29431, http://www.insideronline.org/reader.php?id=LKBj, http://www.abrahamlincolnonline.org/lincoln/speeches/discoveries.htm, http://www.ipwatchdog.com/2016/02/09/patent-reform-at-all-costs/id=65918/, http://www.americanbar.org/content/dam/aba/publishing/antitrust_source/oct14_abbott_10_21f.authcheckdam.pdf, http://mercatus.org/intellectualprivilege/Intellectual-Privilege.html#.VmXIyLgrK70, http://www.justice.gov/atr/public/guidelines/0558.htm, https://www.wto.org/english/docs_e/legal_e/27-trips_01_e.htm, https://www.ftc.gov/sites/default/files/documents/reports/promote-innovation-proper-balance-competition-and-patent-law-and-policy/innovationrpt.pdf, https://www.ftc.gov/sites/default/files/documents/reports/evolving-ip-marketplace-aligning-patent-notice-and-remedies-competition-report-federal-trade/110307patentreport.pdf, http://patentlyo.com/patent/2015/06/america-invents-trillion.html, https://www.ftc.gov/sites/default/files/documents/public_statements/ftc-v.actavis-future-reverse-payment-cases/130926actavis.pdf, http://www.ipwatchdog.com/2015/07/30/obama-administration-seek-amendments-to-innovation-act/id=60017/, http://www.ipwatchdog.com/2014/02/26/obama-on-patents-the-one-sided-uspto-patent-litigation-beta/id=48273/, http://www.esa.doc.gov/sites/default/files/ipandtheuseconomyindustriesinfocus.pdf, http://www.law.northwestern.edu/research-faculty/searlecenter/events/roundtable/documents/Spulber_Patents_and_the_Market_for_Inventions.pdf, http://jcle.oxfordjournals.org/content/early/2015/03/19/joclec.nhv006, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704028, http://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright, http://www.encyclopedia.com/topic/International_Copyright.aspx, http://www.copyright.gov/circs/circ38a.pdf, http://www.newmediarights.org/business_models/artist/what_are_major_criticisms_copyright_laws_us, https://www.aei.org/wp-content/uploads/2015/10/Can-economic-and-historical-analyses-end-copyright-laws-property-monopoly-disputes.pdf, http://cagw.org/sites/default/files/pdf/Intellectual%20Property-Making%20It%20Personal_web1.pdf. Moreover, the concept of pain is subjective; each person experiences pain differently. Examples of Utilitarian Ethics. Sys. [14] See id. The most important thing is that the action taken to achieve a certain outcome has to be of the greater benefit of the society at large. In short, IP is justified on natural rights grounds; references to the English legal tradition are mere window dressing. A lock ( Representative James Madison played a leadership role and Noah Webster was active behind the scenes in promoting copyright. Corporate raids maximize pleasure for the whole economy. (23) In short, utilitarianism is consequentialist and welfarist. ), On the Utilitarian and Retributive Justifications of Punishment, Ways to get involved in the 2022 Election. There is an increasing awareness of the need to save man's environment for current and future generations, both on the part of governments and of the populace generally. Views about IP expressed by the courts during the early American Republic are in accord with the Founders high regard for IP as seen through the lens of natural rights. Trade Commn (Oct. 2003), https://www.ftc.gov/sites/default/files/documents/reports/promote-innovation-proper-balance-competition-and-patent-law-and-policy/innovationrpt.pdf; The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition, Fed. 75 (Apr. For instance, a reasonable utilitarian sentencing guideline for drug dealers could include a large fine to cover the rehabilitation costs of those to whom they sold drugs; however, it would be unreasonable and unethical to expect the single mother in poverty to pay this large fine when she was coerced into selling drugs. From a Utilitarian point of view, the suffering inflicted upon the criminal is justifiable on the grounds with the certainty that more happiness is created than suffering. Because retribution serves a purpose--namely, giving someone what is due to him or her--it is generally considered a utilitarian justification for punishment. So, when they both point in the same direction, we are confident that we are doing the right thing; when they point in different directions, we find we are filled with doubt. The commonly accepted advantages of utilitarianism include (Mulgan 23-24): Comprehensible principles and clear guidelines for behavior. This positive relationship may reflect the fact that by offering a period of market exclusivity, strengthening patents raises incentives to invent in innovative fields characterized by high research and development outlays and delays in coming to market. Punishing a thief by cutting off his hand is wrong, for the punishment is too severe for the crime, even if it could be proven that this punishment results in a lower incidence of theft. The criminal facing the death penalty may learn that crime does not pay, but it is a lesson learned too late. [40] See generally Tom W. Bell, Intellectual Privilege (2014), http://mercatus.org/intellectualprivilege/Intellectual-Privilege.html#.VmXIyLgrK70. Incapacitation appears to be straightforward, and has a specific fit with the basic role of imprisonment (Zimring and Hawkins, 1995), which in turn removes the ability to engage in further crime. This breaks down into three parts: The first is incapacitation. What objections can be raised against this approach? The practice of torture will arguably best be countered by confronting the subterranean utilitarian justifications of torture on their own terms; over the long term it does not work, but rather undermines the legitimacy of the state itself. The natural rights theory has been constructed on the basis of John Locke's idea. Which moral justification of corporate raids is grounded in utilitarian theory? Their continued love and support serves as my north star throughout every endeavor I undertake in life. [43] Concluding that rights granted to patent holders are highly uncertain (and nearly half of patents litigated to final judgment are invalidated) and represent only a legal right to exclude, Shapiro and Lemley argued for a fundamental rethinking of patent policy in four areas: the system for granting patents, the patent litigation system, the incentives of patent holders to use cross licenses or licenses to settle patent disputes rather than fully litigating them, and the antitrust assessment of agreements among rivals to settle actual or threatened patent litigation. Rather, it is that the deliberate murder is the greater evil, and therefore deserving of the greater punishment. One might ask whether Congress, consistent with its authority under the IP Clause, should cut back on IP rights for pragmatic reasons, such as strengthening the American economy. Such a weakening would make it harder for U.S. officials to argue credibly for reasonable copyright protection overseas and would discourage efforts to root out piracy around the world. "isUnsiloEnabled": true, A patent must meet certain criteria, including novelty and non-obviousness, in order to be granted. [37] Such decisions include, for example, eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) (precluding automatic injunctions for patent infringement and holding that the traditional four-part equitable test for injunctive relief applies to Patent Act cases); KSR Intl Co. v. Teleflex Inc., 550 U.S. 398 (2007) (making it easier to strike down a bad patent on grounds of obviousness); MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007) (holding that a patent licensee is not required to terminate or be in breach of its license agreement before seeking a declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed); Bilski v. Kappos, 561 U.S. 593 (2010) (holding that a financial business method was an abstract idea not entitled to patent protection); Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008) (making it harder for a patentee to succeed in an infringement case against downstream users of a component substantially embodying a larger patented invention); Microsoft Corp. v. AT&T Corp., 550 U.S. 437 (2007) (mere software code cannot be a component of a patented invention); Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014) (a patent taken as a whole must inform those learned in the field of the scope of the invention with reasonable certainty); Alice Corp. Pty. Other laws that generally strengthened copyright were enacted in 1819, 1834, 1846, 1855, 1856, 1859, and 1861. Despite this history, it is up to Congress to decide how much current protection to provide IP rights pursuant to the IP Clause. We used to have many enjoyable philosophical discussions, though I cautioned him not to argue that private property was an illegitimate concept within earshot of the boss. For this reason, statistics measuring such things as recidivism or the incidence of certain crimes are useful in assessing the effectiveness of different kinds of punishment.
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