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10 - Semantic Legal Ordering

Idealizing Intellectual Property

Published online by Cambridge University Press:  04 June 2021

Laura R. Ford
Affiliation:
Bard College, New York
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Summary

In this chapter, I endeavor to weave together a complex series of European legal developments connected with the emergence of intellectual property. I begin by tracing the emergence of intellectual property in France, focusing on the context for this development in the revolutionary processes through which a new French nation was formed, and on the ambivalent implications of national codification for intellectual property in France. I then go back to the Reformation, pointing out the significance of Calvinist and Lutheran legal dcotrines for jurisprudential traditions carrying new conceptions of sovereignty and natural rights. Shifting to the legacies of these traditions for legal and administrative theories that developed in German-speaking lands, we see early foundations for a new jurisprudential narrative that becomes vital to the substantive rationale of intellectual property in our own time: progressivism. The upshot of these complex developments is a paradoxical linkage between bureaucratic impersonalism in the formal application of legal doctrines and an idealizing personalism in the agentive capacities of individual human beings: the idolizing of "genius."

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The Intellectual Property of Nations
Sociological and Historical Perspectives on a Modern Legal Institution
, pp. 303 - 340
Publisher: Cambridge University Press
Print publication year: 2021

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  • Semantic Legal Ordering
  • Laura R. Ford, Bard College, New York
  • Book: The Intellectual Property of Nations
  • Online publication: 04 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108182935.012
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  • Semantic Legal Ordering
  • Laura R. Ford, Bard College, New York
  • Book: The Intellectual Property of Nations
  • Online publication: 04 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108182935.012
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Semantic Legal Ordering
  • Laura R. Ford, Bard College, New York
  • Book: The Intellectual Property of Nations
  • Online publication: 04 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108182935.012
Available formats
×