Towards an Ecological Intellectual Property

Towards an Ecological Intellectual Property

Author: David J Jefferson

Publisher: Routledge

Published: 2020-06-08

Total Pages: 227

ISBN-13: 1000089622

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This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws – both in Ecuador and worldwide – could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.


Towards an Ecological Intellectual Property

Towards an Ecological Intellectual Property

Author: David J. Jefferson

Publisher: Routledge

Published: 2023

Total Pages: 0

ISBN-13: 9780367517700

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This book focuses on analysing how legal systems set the terms for interactions between human beings and plants. The story that the book recounts is one of experimental lawmaking in Ecuador, a country where over the past decade, governmental officials and civil society advocates have attempted to reconfigure how human individuals and institutions relate to nature, by following an "eco-centric" approach to lawmaking. In doing so, Ecuadorian legislators, administrators, and judges have taken seriously the ontologies of non-human entities, including plants, through a process that has required the continuous navigation of tensions with certain "logics" that pervade conventional legal regimes. The book endeavours to disrupt these conventional assumptions and approaches to lawmaking by taking seriously alternative strategies to reconstitute interactions between people and plants. In doing so, the book argues in favour of an "ecological turn" in laws that govern vegetal life. The analysis is based on a close examination of the experiences that lawmakers in Ecuador have had when experimenting with innovative approaches to re-form relationships between human and non-human beings. Concretely, these experiments have yielded constitutional, legislative, and regulatory changes that inform the inquiry of how intellectual property and plant genetic resources laws - both in Ecuador and worldwide - could become more "ecological" in nature. The argument that the book develops is based on extensive ethnographic fieldwork and empirical research in Ecuador, complemented by archival and doctrinal legal analysis. The contents of the book will be of interest to an academic audience of legal scholars and postgraduate students in law, in addition to scholars and students in the fields of anthropology, sociology, socio-legal studies, and science and technology studies.


Information Environmentalism

Information Environmentalism

Author: Robert Cunningham

Publisher: Edward Elgar Publishing

Published: 2014-09-26

Total Pages: 309

ISBN-13: 0857938444

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øInformation Environmentalism applies four environmental analytical frameworks _ ecology, Šthe commons�, public choice theory, and welfare economics _ to the information environment. The book neatly captures the metaphorical relationship between the ph


The Ecology of Law

The Ecology of Law

Author: Fritjof Capra

Publisher: Berrett-Koehler Publishers

Published: 2015-10-05

Total Pages: 285

ISBN-13: 1626562083

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Winner, IBPA Benjamin Franklin Award in Politics/Current Events: A systems theorist and a legal scholar present a new paradigm for protecting our planet. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: The world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Fritjof Capra, physicist, systems theorist, and bestselling author of The Tao of Physics, and distinguished legal scholar Ugo Mattei show that this obsolete worldview has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on Earth that better addresses many of the economic and social crises we face today. This is a visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet. “Thoughtful . . . The authors propose a philosophy and jurisprudence that is deeply radical—upending centuries of Western tradition and culture—but possibly crucial to solving looming environmental problems.” —Publishers Weekly


Toward a Sound Ecology

Toward a Sound Ecology

Author: Jeff Todd Titon

Publisher: Indiana University Press

Published: 2020-08-25

Total Pages: 324

ISBN-13: 0253049695

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How does sound ecology—an acoustic connective tissue among communities—also become a basis for a healthy economy and a just community? Jeff Todd Titon's lived experiences shed light on the power of song, the ecology of musical cultures, and even cultural sustainability and resilience. In Toward a Sound Ecology, Titon's collected essays address his growing concerns with people making music, holistic ecological approaches to music, and sacred transformations of sound. Titon also demonstrates how to conduct socially responsible fieldwork and compose engaging and accessible ethnography that speaks to a diverse readership. Toward a Sound Ecology is an anthology of Titon's key writings, which are situated chronologically within three particular areas of interest: fieldwork, cultural and musical sustainability, and sound ecology. According to Titon—a foundational figure in folklore and ethnomusicology—a re-orientation away from a world of texts and objects and toward a world of sound connections will reveal the basis of a universal kinship.


Affluence and Freedom

Affluence and Freedom

Author: Pierre Charbonnier

Publisher: John Wiley & Sons

Published: 2021-06-22

Total Pages: 328

ISBN-13: 1509543732

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In this pathbreaking book, Pierre Charbonnier opens up a new intellectual terrain: an environmental history of political ideas. His aim is not to locate the seeds of ecological thought in the history of political ideas as others have done, but rather to show that all political ideas, whether or not they endorse ecological ideals, are informed by a certain conception of our relationship to the Earth and to our environment. The fundamental political categories of modernity were founded on the idea that we could improve on nature, that we could exert a decisive victory over its excesses and claim unlimited access to earthly resources. In this way, modern thinkers imagined a political society of free individuals, equal and prosperous, alongside the development of industry geared towards progress and liberated from the Earth’s shackles. Yet this pact between democracy and growth has now been called into question by climate change and the environmental crisis. It is therefore our duty today to rethink political emancipation, bearing in mind that this can no longer draw on the prospect of infinite growth promised by industrial capitalism. Ecology must draw on the power harnessed by nineteenth-century socialism to respond to the massive impact of industrialization, but it must also rethink the imperative to offer protection to society by taking account of the solidarity of social groups and their conditions in a world transformed by climate change. This timely and original work of social and political theory will be of interest to a wide readership in politics, sociology, environmental studies and the social sciences and humanities generally.


The Intellectual Commons

The Intellectual Commons

Author: Henry C. Mitchell

Publisher: Lexington Books

Published: 2005

Total Pages: 240

ISBN-13: 9780739113424

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The rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe 'information should be free' and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property that is based on a theory of natural rights that assumes the existence of a 'natural world' of intellectual resources. Chett Mitchell develops a moral framework that makes cooperation among the groups involved rather than conflict central to understanding intellectual property rights. Drawing on early modern theorists such as Grotius, Pufendorf, and Locke as well as the intellectual theory of copyright put forth by L. Ray Patterson, Mark Rose, and Michel Foucault, Intellectual Commons presents a way to bring IP theory and practice together. This book is an important addition to the intellectual property debate and a must for law students, communication theorists, and any person interested in the future of digital media rights.


Steps to an Ecology of Mind

Steps to an Ecology of Mind

Author: Gregory Bateson

Publisher: University of Chicago Press

Published: 2000

Total Pages: 572

ISBN-13: 9780226039053

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Gregory Bateson was a philosopher, anthropologist, photographer, naturalist, and poet, as well as the husband and collaborator of Margaret Mead. This classic anthology of his major work includes a new Foreword by his daughter, Mary Katherine Bateson. 5 line drawings.


Beyond Intellectual Property

Beyond Intellectual Property

Author: Darrell Addison Posey

Publisher: IDRC

Published: 1996

Total Pages: 324

ISBN-13: 088936799X

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Cultural property, aboriginal people, ethnobiology, legal status, laws.


From Environmental to Ecological Law

From Environmental to Ecological Law

Author: Kirsten Anker

Publisher: Routledge

Published: 2020-12-30

Total Pages: 311

ISBN-13: 1000328627

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This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.