Common Knowledge: Epistemology and the Beginnings of Copyright Law

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English literature
1600-1699
Seventeenth Century
Locke
John (1632-1704)
Essay concerning Human Understanding (1690)
knowledge
idea
epistemology
copyright law
Cambridge Platonists
Young
Edward (1683-1765)
Conjectures on Original Composition (1759)
Blackstone
Sir William (1723-1780)
1700-1799
Eighteenth Century
English Language and Literature
Epistemology
History of Philosophy
Intellectual History
Intellectual Property Law
Law and Philosophy
Legal History
Literature in English, British Isles
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Abstract

Literary critics’ engagement with copyright law has often emphasized ontological questions about the relation between idealized texts and their material embodiments. This essay turns toward a different set of questions—about the role of texts in the communication of knowledge. Developing an alternative intellectual genealogy of copyright law grounded in the eighteenth-century contest between innatism and empiricism, I argue that jurists like William Blackstone and poets like Edward Young drew on Locke’s theories of ideas to articulate a new understanding of writing as uncommunicative expression. Innatists understood texts as tools that could enable transparent communication through a shared stock of innate ideas, but by denying the existence of innate ideas empiricists called the possibility of communication into question. And in their arguments for perpetual copyright protection, eighteenth-century jurists and pamphleteers pushed empiricism to its extreme, linking literary and economic value to the least communicative aspects of a text.

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2016-03-01
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