Sociology Program and Dean of the College Present
With a Click of the Mouse:
The Emergence and Influence of Intellectual Property
The Baldy Center for Law & Social Policy
Intellectual property – a legal category that currently encompasses patents, copyrights, trademarks, trade secrets, and other closely-related, knowledge-based forms of intangible property – has become pervasive in everyday life, and in our modern economies. This development raises two closely-related puzzles. First, how did a form of property that has not always existed emerge? And second, how has this new form of property come to play such an important role in our society? In other words, how do we explain the emergence and influence of intellectual property?
This presentation will weave together several strands of my current research, each of which is driven by the effort to respond to these basic questions. I will briefly introduce the core finding of my dissertation, which is that intellectual property emerged in the 18th Century, as part of the modern nation-state. I will also introduce the thesis of Semantic Legal Ordering, which is my theoretical paradigm for explaining how law makes a difference in the social world. This is a theoretical paradigm that I am continuing to develop, and about which I will value feedback and discussion. The paradigm is rooted in Max Weber’s theory of law as a meaningful Order, and it emphasizes the parallels between law and religion. It is also a causal theory about the ways in which legal culture influences social structures. The thesis is basically that institutions (like property) derive some of their structural “fixity” from semantic “fixities” in legal traditions. In this presentation, I will seek to persuade you that this type of causal process helps to explain how intellectual property emerged, and why it is exercising such a pervasive influence in our society.
For more information, call 845-758-7667, or e-mail [email protected].
Location: Olin Humanities, Room 205