‘Internal and External Accounts of IP Law’

“In a recent post on this blog, Henry Smith asked some important questions about methodological commitments in American scholarship about intellectual property. Henry distinguished between (on one hand) ‘external’ and (on the other hand) ‘internal or interpretivist’ frameworks for studying law. He then noted that, in American IP scholarship, ‘scholars overwhelmingly adopt consequentialist and even utilitarian frameworks’ in relation to patent law and repeat those same tendencies in copyright (though not to the same degree as in patent). Henry’s post invited readers to consider why IP scholarship is so much more externally-oriented than other fields of scholarship on private law …” (more)

[Eric Claeys, New Private Law, 6 June]

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