Teoria legalistyczna a prawo własności intelektualnej
Intellectual Property According to the Entitlement Theory

Summary/Abstract: Propertarianism, the most prominent of contemporary libertarian factions, holds that in order to establish a harmonious society it is necessary to introduce and delineate the right of private property. Despite the strong preference for property rights, right-wing libertarians do not agree, however, on the legitimization of intellectual property. There are three main libertarian stances on this question: affirmation, voluntarism and abolitionism. The most famous and academically influential exponent of the adherents’ faction is perhaps Robert Nozick. According to the philosopher the rule of just initial acquisition (one of the pillars of the entitlement theory) implicates the necessity of i.a. the strong patent rights. Title to the intellectual goods (both copyright and patent) would be a natural and pre-political right of every individual, resulting from labor put into their creation. Regardless of whether Nozick claims seem convincing, libertarian arguments for and against legitimization of intellectual property make up for an important voice both in the sphere of philosophy of law and jurisprudence debating on the proper model of copyright.

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