Private Governance of Knowledge
Societally-Crafted Intellectual Properties Regimes
Bibliographic Data
| ID | 19466558 |
|---|---|
| Authors | Wielsch Wielsch (Frankfurt University of Applied Sciences, corresponding author) |
| Year | 2013 |
| Volume | 20 |
| Issue | 2 |
| Pages | 907 |
| Publication date | 2013-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Indiana Journal of Global Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 1080-0727 • E-ISSN: 1543-0367 |
| Publisher | Indiana University Press (PUBLISHER • US) |
| DOI | 10.2979/indjglolegstu.20.2.907 |
| OpenAlex | W2063675496 |
| Language | EN |
| Citations received | 1 |
| References cited | 21 |
The evolutionary challenge global society faces is the decentralized development of legal rules that multilaterally protect social autonomies from violating each other. At the national level, democratic constitutions provide for the resolution of conflicts between different normative worlds, although the focus here is certainly on the protection of autonomies from political encroachment. However, political constitutions make sure that legal orders consider a plurality of normative perspectives. In contrast, international lawmaking can exclusively link to a specific social rationality, lacking any impartial forum for normative reconciliation. This is of special importance for the governance of intellectual resources. The incorporation of international intellectual property protection into the framework of trade relations has resulted in a unilateral economic interpretation of intellectual property (IP) rights. This biased international IP lawmaking does not satisfy the demands of knowledge production in society and the various types of social interaction requiring the use of copyrighted material, as the increasing number of privately-crafted IP regimes indicates. These private regimes reconfigure property rights in a way that is reflective of the environmental conditions of knowledge-sharing in social systems. As it seems, constitutionalization of global knowledge-sharing must take place through the recognition of the jurisgenerative power of societal rule production together with the public role of private law in the judicial review ofprivate ordering. Under conditions of normative fragmentation, the constitution gets dispersed into ecological integrity rules that take account of the multilateral social effects of rights.\nTransnational Societal Constitutionalism Symposium, Collegio Carlo Alberto, Turin Italy, May 17-19, 2012
Business · Corporate governance · Economics · Law and economics · Corruption and Economic Development · Human Rights and Development · Political Philosophy and Ethics · Finance
The Supreme Court, 1982 Term
Economic Welfare and the Allocation of Resources for Invention
The Legal and Political Philosophy of David Hume
The Justification of Human Rights and the Basic Right to Justification
Interpreting Rights
Occupy the System! Societal Constitutionalism and Transnational Corporate Accounting
The Genius and the Copyright
Framing standards, mobilizing users
Strategies of Rupture
Global Law's Toolbox
On the Politics of Societal Constitutionalism
Differentiation of Society
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.08 |
| Citation span | 2013 - 2013 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |