Publication Date

7-2006

Journal

University of Miami Law Review

Abstract

The article challenges the common misconception that Hegel's legal philosophy supports the romantic view of intellectual property as an extension of personality or natural right. Instead, it argues that Hegel's framework, rooted in the concept of "abstract right," views property, including intellectual property, as a legal construct created to facilitate freedom and legal subjectivity. The analysis emphasizes the pragmatic and utilitarian aspects of adopting intellectual property regimes within a modern constitutional republic, while rejecting the notion of natural law and highlighting the realization of property rights through alienation and contract.

Volume

60

Issue

4

First Page

453

Last Page

504

Publisher

University of Miami School of Law

Disciplines

Constitutional Law | Intellectual Property Law | Law | Law and Society

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