David Lea

In this paper we begin with a reference to the work of Hernando de Soto The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, and his characterization of the Western institution of formal property. We note the linkages that he sees between the institution and successful capitalist enterprise. Therefore, given the appropriateness of his analysis, it would appear to be worthwhile for developing and less developed countries to adjust their systems of ownership to conform more closely to the Western system of formal property. However, we go on to point out that property relationships within the Western system have become subject to redefinition through the expansion of Intellectual Property rights in ways that ultimately work to the disadvantage of the developing and less developed countries. We point out that this restructuring has been given global application through the implementation of the TRIPS agreement by the WTO. In the final section of the paper I suggest ways in which IP rights and relevant institutions can be reformed in order to avoid the disadvantages to the developing and less developed countries.

This paper considers the arguments that could support the proposition that intellectual property rights as applied to softwarehave a moral basis. Undeniably, ownership rights were first applied to chattels and land and so we begin by considering the moral basis of these rights. We then consider if these arguments make moral sense when they are extended to intellectual phenomenon. We identified two principal moral defenses: one based on utilitarian concerns relating to human welfare, the other appeals to issues of individual autonomy and private control. We conclude that intellectual property rights could not be defended from a moral perspective that emphasizes autonomy and individual control because copyright and patent restrict fundamental freedoms to transfer and redistribute one’s property. We also find it difficult to defend intellectual property in software from a utilitarian perspective because of the current structure of the market. We mention two characteristics of the software market that make it distinct and promote monopolistic conditions and excessive profit taking: the facility of replication, and the need for compatibility in operating systems. We conclude that there are good reasons to reverse the current market’s structure. We suggest three possible remedies. The government could rigorously enforce antitrust legislation, impose greater monitoring and price controls, or obviate the commercial aspect altogether by denying the application of intellectual property rights to software.

The events of 9/11 have underlined the relevance of the thought of Georgio Agamben in so far as he attempts to explain the genesis of an authoritarianism that increasingly implements extraordinary measures and enhanced surveillance. This can be understood in terms of the expansion of a biopolitical regime. Biometric analysis: finger printing, iris and retina scans etc., are to be understood in their relation to the individual as bare life, the individual stripped of his/her political legal identity and thus identified without reference to the latter. The camp, according to Agamben, is said to be the ultimate space, a lawless zone, where questions of legality and illegality become irrelevant. However, this paper argues that Agamben fails to underline the importance of the Cartesian legacy that initiated a form of conceptualization in which the ordering of reality replaced qualitative distinctions with mathematical quantification. Biometric analysis, which relies heavily on mathematized quantification of biological features, is integral to the biopolitical regime, as described by Michel Foucault and Agamben. This paper argues that a rejection of this Cartesian inheritance is necessary if we are to overcome insidious forms of control based on surveillance, biometric identification or even managerial oversight through supposedly quantifiable metrics of performance

In this essay David Lea approaches the decline in the study and teaching of the humanities within the university context from a financial perspective. As humanities departments are either closed down or have their curriculum attenuated, it is obvious that the revenue previously available to support such programs has not been forthcoming. This change is often explained as the result of cost cutting necessary during periods of financial crisis, but this justification is belied by the fact that while the humanities have suffered during recent “financial crises,” other areas within the university have grown. Resources that could have supported the humanities have instead been applied elsewhere: first, to increasing the administration and ancillary support staff; and second, in support of subjects oriented toward technology and the market. Ultimately, Lea links the decline of the humanities to the growing financialization of the economy, the ideology of managerialism, and a contemporary tradition that accords with the “procedures of the realms of the market and of liberal individualist politics.”

In a recent paper Allen Buchanan makes a basic distinction between two types of ethical problems which arise in business: “genuine ethical dilemmas, in which the problem is to discover what one ought to do, when two or more valid ethical duties (or values orprinciples) conflict, and compliance problems, which occur when one knows what one’s moral obligations are, but experiences difficulty in fulfilling them due to pressures of self-interest or loyalty to group or organization.” Buchanan argues that most business ethicists believe that this simple dichotomy is exhaustive. He claims it is not and argues that there is a third area of concern that involves perfecting imperfect duties, or coming to “have definite ethical duties, where before there were at best vague ethical goals.” However, I wish to argue that there is a further area of concern in business ethics and this area does not involve deciding between competing moral principles, values etc, attempting to comply with known principles, or imparting determinate content to vague, non-specific imperfect principles of obligation (the subject of Buchanan’s recent paper). This sort of problem occurs frequently in the third world in circumstances in which the agent entirely fails to recognize the normative structure that underpins the considered options.

James Tully sees the emergence of modern constitutionalism as the intellectual legacy of writers such as Hobbes, Bodin and Locke. For Tully, modern constitutionalism not only centralizes authority, it also excludes diversity. Tully’s work represents a significant part of the growing antipathy towards uniformity and the universalising tendencies of the modern organization, which, he believes, underwrite a loss of local empowerment. In this respect his thinking and that of the communitarians is consistent with contemporary disenchantment with, not to mention resistance to globalization. Globalization, or the tendency to inter‐national uniformity in culture and increasing integration into a global system of economics and power, appears to promote an analogous universalising conformity across borders, while centralizing economic if not political power and control in certain trans‐national corporations. Hernando de Soto, the Peruvian economist, gives us a very different perspective on the motley of overlapping jurisdictions and argues that diversity of systems, customs and rules with respect to property has conspired to maintain the entrenched poverty of the developing world. He argues that it is the unified, codified and integrated systems of the West that have allowed these societies to mobilize capital to escape the endemic widespread poverty of the pre‐capitalist age. In the course of this paper I seek to compare and evaluate the competing claims of Tully and de Soto.

It is often argued that multinational companies and other foreign developers have a responsibility to improve the material conditions of the people in whose territories they operate. As a matter of distributive justice it is thought that these companies should be sharing the acquired wealth with these people through the creation of ‘collective goods’ , infrastructure development and compensation disbursements aimed at their benefit. Recently “stakeholder theory” and even legislative changes in the first world have sought to impress on the corporate world the necessity to share the profits with affected “non‐shareholder” groups. Many see these developments as possible advancements for indigenous peoples, indigenous rights and the cause of distributive justice for aboriginal groups. However, it can be shown that the attribution of such ‘imperfect’ duties to corporations results in the generation of excessive costs and of unrealistic expectations on the part of stakeholders. Distributive justice is more efficiently achieved by public sector involvement at the level of policy and project management