Working Through the BookLog

October 21, 2007

Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues

Filed under: constitution, democracy, ethics, judicial review, law, moral right, paper — workingthroughthebooklog @ 6:47 am

This article doesn’t argue for a particular view. Instead, it seeks to clarify the difference between different choices – between written and unwritten constitutions, etc. This paper has certainly helped me to sharpen my thinking about democracies (representative or otherwise). Highly recommended.

Constitutions, Judicial Review, Moral Rights, and Democracy: Disentangling the Issues

October 10, 2007

From Seriatim to Consensus and Back Again: A Theory of Dissent

Filed under: consensus, dissent, law, paper, political power, realpolitik, supreme court — workingthroughthebooklog @ 7:56 am

An interesting paper which delves into both the reasons why the Supreme Court publishes or suppresses dissenting opinions, as well as the history behind the practice. The author advances essentially a realpolitik explanation for the practice of dissent or the lack thereof quite convincingly.

From Seriatim to Consensus and Back Again: A Theory of Dissent[pdf]

August 2, 2007

Intellectual Property and the Right to Private Property

Filed under: law, paper — workingthroughthebooklog @ 7:48 am

Intellectual Property and the Right to Private Property[pdf]

Interesting position paper that tries to argue that intellectual property is indistinguishable from other forms of property. This argument is faulty, though – the summation of the argument is in the last sentance of the article:

The central issue is, instead, whether when someone produces or creates a work—poem, novel, song, arrangement, computer program, game, or the like (excluding all discoveries)—he or she may be deprived of these without permission?

The thing is – no one is trying to deprive the people of their creations. They are trying to deprive others of their creations. Authorship is not in question here, it is the right to withhold an idea from others – that is the key.

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