Gordon Hull

Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to favor a substantially limited rights regime. Second, the attempt to understand intellectual property as an instance of Lockean property, though admittedly anachronistic, offers an opportunity to further our understanding of Locke's own thought. My major claim will be twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke's provisos—specifically the widely neglected spoilage proviso—would sharply limit the scope of any entitlements. My secondary claim will accordingly be that the spoilage proviso's neglect is undeserved, and that it deserves a more central place in our understanding of Locke. I will not here address whether Locke provides the right way to think about property, whether IP is a good idea, or whether property rights ought to include a right to destroy; my concern is to elucidate Locke's arguments and then to block this application of them

This dissertation is a study of the nature and development of "modern" political thought, typical features of which include the "state of nature" and "social contract." Specifically, I argue that modern thought is constructive, which is to say that thinking is seen as, at least to some extent, generative of its objects. I focus primarily on Hobbes and Marx as liminal thinkers in the development of modern political thought. I begin with a discussion of the nature of construction in modern thought generally, and in Hobbes specifically. I then ground the claim that Hobbes's texts are originary for modern political thought in two ways. First, I show how many of the methodological principles explicitly adopted by Hobbes are implicitly assumed by Locke. Then, I differentiate Hobbesian metaphysical and epistemological assumptions from two alternate sets of assumptions which Hobbes viewed himself as opposing: Machiavellian virtu; and Christian, medieval neo-Platonism. I then read Hobbes's texts in their relation to Bacon's usage of construction and Hobbes's own development of the social contract. I then transition, via Hegel, to a study of Marx. After providing an account of Marx's early reaction to Hegel, I attempt to show that many of the objections Marx makes to Hegelianism are also made against modern political thought in general. I thus read sections of Marx's early works to illustrate his engagement with early modern thought, and to show how he characterizes this thought as a "despotism" because of its reliance on a "manufactured originary state." I then provide readings of Marx's dissertation critique of Democritus to develop more carefully what Marx means by an atomic or originary state; and of sections of the Holy Family to explore Marx's understanding of "history," and to show how that understanding differs from Hegel's. I conclude with an extended reading of sections of Marx's 1844 Manuscripts, in order to develop more fully his critique of modern political thought, and to sketch his early understanding of what an alternative way of thinking politics might incorporate