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Author

Jongkhab Na

Date of Award

12-2001

Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type

Dissertation

Abstract

In my dissertation, I argue the economic-utilitarian elements of Locke's perspective on property rights. The historical development of intellectual property reflects a kind of Hegelian dialectic. Therefore, the final phase of the evolution of intellectual property synthesizes both the Lockean perspective and the economic-utilitarian perspectives. According to Locke, the possession of property "increase[s] the common stock of mankind." This statement by Locke clearly supports the notion that the property right that Locke has in mind includes elements of the economic-utilitarian perspective. American case law also invokes Locke's perspective on property rights whenever it is necessary. Through my dissertation, I argue that the American intellectual property regime does not deny but confirms the adoption of Locke's perception of property.

Chair and Committee

Charles R. McManis, Supervising Professor, Chairperson; Dorsey D. Ellis, Jr., Examining Professor; Stanley L. Paulson, Examining Professor

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