Philosophical Foundations of IP Law: The Law and Economics Paradigm
Forthcoming in the Research Handbook on the Economics of IP Law (Peter S. Menell, Ben Depoorter, and David Schwartz, eds.), (Vol. I -- Theory) (Edward Elgar Publishing)
34 Pages Posted: 21 Feb 2017
Date Written: January 1, 2016
This Chapter describes various philosophical perspectives on the law and economics paradigm in intellectual property. It begins with a description of utilitarianism, which is the philosophical foundation on which law and economics is built. It then describes an alternative way that law and economics can be understood: as a highly effective set of tools that are useful even if one is not convinced that intellectual property law can be justified at the foundational level by a utilitarian account. Various alternatives to foundational utilitarianism are described; the Chapter seeks to explain how a law and economics approach to issues in the IP field is consistent with these alternative foundational justifications for IP law.
Keywords: intellectual property, law and economics, jurisprudence
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