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    Core documents by: Date Place Core documents for: Italy Germany France Britain United States All documents for: Italy Germany France Britain United States Original language: English French German Italian Latin Browse documents by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse commentaries by: Person ... by name ... by occupation ... by life dates Place Institution Legislation Case law Browse database by: Key words Editors' login:  | | Hegel: Remarks on Intellectual Property, Berlin (1821) Source: Staatsbibliothek zu Berlin - Preußischer Kulturbesitz Libr.impr.c.n.mss.oct.126 Citation: Hegel: Remarks on Intellectual Property (1821), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org Record Images Commentary Record-ID: d_1821 Full title Remarks on Intellectual Property as published in the First Part (Abstract Rights) of "Elements of the Philosophy of Rights" (Chapter Property (Alienation Sec. 41-43 and 61-71) plus Hegel's annotations (title, p. 47,48, 63-76) Full title original language Grundlinien der Philosophie des Rechts Abstract The justification of copyright through a personality argument as presented by Georg Friedrich Wilhelm Hegel is often regarded as the "most powerful alternative to a Lockean model of property". Hegel's remarks on intellectual property were printed as part of his "Elements of the Philosophy of Rights", a book that was based on the lectures he gave at the University of Berlin between 1818 and 1831. The document presented in our digital archive is a private copy of the first print edition of 1821 that was annotated by Hegel himself for use in subsequent lectures. In Hegel's view, property is something that enables the exercise of subjective freedom rather than a consequence of civil liberties. Thus, literary property is also a manifestation of a person's free will. Hegel's concept of individual, personal rights as a basis of copyright was influenced by Kant and Fichte and had some bearing on the later theories of Gareis, Gierke and Bluntschli, even if Hegel's legal theory was not referred to generally by German jurists in the second half of the nineteenth century. Bibliography Drahos Peter, "A Philosophy of Intellectual Property" (Aldershot: Dartmouth, 1996) Hughes, Justin, "The philosophy of Intellectual Property", "The Georgetown LJ" 77 (1988): 287-366 Schroeder, Jeanne L., "Unnatural Rights: Hegel and Intellectual Property", "Cardozo Law School, Legal Studies Research Papers" 80 (2004) Related documents in this database Author Hegel, Georg Wilhelm Friedrich (1770-1831) Publisher Reimer Location Berlin Year 1821 Language German Source Staatsbibliothek zu Berlin - Preußischer Kulturbesitz Libr.impr.c.n.mss.oct.126 Physical description N/A Illustrations tables N/A Persons referred to Brutus, Marcus Junius (85 B.C.-42 B.C.) Gans, Eduard (1797-1839) Griesheim, Karl Gustav von (1798-1854) Hegel, Georg Wilhelm Friedrich (1770-1831) Hotho, Heinrich Gustav (1802-1873) Spinoza, Baruch de (1632-1677) Persons referred to in commentary Bluntschli, Johann Kaspar (1808-1881) Fichte, Johann Gottlieb (1762-1814) Gareis, Carl (1844-1923) Gierke, Otto Friedrich von (1841-1921) Hegel, Georg Wilhelm Friedrich (1770-1831) Kant, Immanuel (1724-1804) Locke, John (1632-1704) Places referred to Athens Turkey Places referred to in commentary Berlin Legislation referred to N/A Legislation referred to in commentary N/A Cases referred to N/A Cases referred to in commentary N/A Institutions referred to N/A Institutions referred to in commentary Berlin University Key words almanacs anthologies compilation contract copy copying, concept of creativity divisibility duration Enlightenment, the idea/expression imitation inventions inventors learning, the advancement of moral rights novelty originality personality theory plagiarism prescription property analogies property theory property theory, authors' property public domain Reformation, the reputation transferability universities Responsible editor Friedemann Kawohl Copyright status Photographic images and scans of public domain documents may be protected under some copyright laws and/or contractual restrictions apply. If you wish to use images of this document in other contexts, please contact the relevant archive (see source). Translation and commentary fall under the project licence (see home page). Photographic images and scans of public domain documents may be protected under some copyright laws and/or contractual restrictions apply. If you wish to use images of this document in other contexts, please contact the relevant archive (see source). Translation and commentary fall under the project licence (see home page). | |||||
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| Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK | |||||||
