[pp.int.general] purpose of manifesto
Reinier Bakels
r.bakels at planet.nl
Wed Jan 28 11:45:50 CET 2009
>> The answer is short. Yes, "natural law" is (commonly seen as) a
>> questionable concept, and you just re-invented the reasons.
> More than questionable, rejectable. Unless anyone proves the /natural/
> origin of author's rights -what I find impossible-.
Sure, you are right, and even lawyers would agree with you. Still, the
concept does not disappear overnight because Carlos Ayala Varga disagrees
with it ...
>> Yet there is a need to name "non-utilitarian rights".
> Entitled to, of course: by laws approved (and changeable) by human beings.
> Not by nature, that's what I said.
Yes, yes, yes! Still you face a paradox. What is the origin of human rights?
It is *not* the formal drafting and ratification process. That would imply
that it would actually be an *arbitrary* choice, that happens to be
supported by a political majority. The claim of human rights rather is that
they are *universal*, perhaps even independent from codification. This is a
question of legal and moral philosophy that has no easy answer. So it is -
al least - understandable that some rights are designated "natural", as a
practical way out of this philosophical jungle.
Anyway, we started from the question whether the rights on "literary and
artisics works" (as they are called in the age-old Berne Convention) should
be considered a construct for the benefit of the author or a construction
for the benefit of sociaty (... if that is really conflicting). I would put
the interests of society first, which is the premise of COPYright, not
AUTHORSright: seem US constitution.
reinier
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