102 Matching Annotations
  1. Feb 2024
    1. In World War IIas in World War I, soldiers classified friends and foes in terms of rel-ative cleanliness, but in this conflict they were much more apt tomake sweeping judgments about the population and to rank peopleaccording to rigid biological hierarchies. Even the ordinary infan-tryman adopted a racialized point of view, so that “the Russians”the Germans had fought in 1914–1918 were transformed into anundifferentiated peril, “the Russian,” regarded as “dull,” “dumb,”“stupid,” or “depraved” and “barely humanlike.”
    2. on 30 January 1939, Hitler prophesied “the annihilation ofthe Jewish race in Europe” in the event that “international financeJewry” succeeded in “plunging the nations once more into a worldwar.”
    3. In the context of the Spanish CivilWar, which broke out in July 1936, the Moscow “show trials”against old Bolsheviks in August 1936, and the November 1936anti-Comintern pact between Germany and Japan, the Nazis persis-tently linked Germany’s Jews to the Communist threat.
    4. most Germans welcomed legis-lation clarifying the position of Jews and hoped it would bring to anend the graffiti and broken windows of anti-Jewish hooliganism.
    5. half-Jews and quarter-Jews carried both good and bad genes and therefore could not beregarded as completely Jewish. Gross and others argued that mixedJews would eventually be absorbed into the Aryan race if they wereprohibited from marrying each other.
    6. Anti-semitism did not arrive on the scene as something completely new,but it acquired much greater symbolic value when people associ-ated it with being German.
    7. part of a larger struggle to protect what so many Ger-mans regarded as the wounded, bleeding body of the nation.
    8. the Nazis considered theJewish threat to be “lethal” and active, a perspective that gavetheir assault on the Jews a sense of urgency and necessity that madeGerman citizens more willing to go along
    9. The idea of normality had become racialized, so that entitlement tolife and prosperity was limited to healthy Aryans, while newly iden-tified ethnic aliens such as Jews and Gypsies, who before 1933had been ordinary German citizens, and newly identified biologicalaliens such as genetically unfit individuals and so-called “asocials”were pushed outside the people’s community and threatened withisolation, incarceration, and death.
    10. Hermann Aue “(very Left),” thoughtthe Nazis would be gone within a year, so he was inclined to stickwith the Social Democrats. But several Communists who had re-portedly joined a local SA group suspected that the Nazis would bearound for some time.
    11. Most candidates for sterilization came from lower-classbackgrounds, and since it was educated middle-class men who weremaking normative judgments about decent behavior, they were bothmore vulnerable to state action and less likely to arouse sympathy
    12. German legal com-mentators reassured the German public by citing U.S. programs asprecedents and quoting Oliver Wendell Holmes’s 1927 opinion,“three generations of imbeciles are enough”
    13. Run largely alongside the state justice and penal system, concen-tration camps became a dumping ground for Gemeinschaftsfremde,“enemies of the community,” who were to spend the rest of theirlives thrown away.

      gemeinschaftsfremde - enemies of the community

    14. “the police have theresponsibility to safeguard the organic unity of the German people,its vital energies, and its facilities from destruction and disintegra-tion.” This definition gave the police extremely wide latitude. Any-thing that did not fit the normative standards of the people’s com-munity or could be construed as an agent of social dissolutiontheoretically fell under the purview of the police.
    15. However, crime could be reduced by removing the dan-gerous body, either by isolating “asocials” in work camps or bysterilizing genetically “unworthy” individuals. In the Nazi legal sys-tem, genetics replaced milieu as the point of origin of crime
    16. “In the language used by both the Nazis and the sci-entists, this policy was called ‘Aufartung durch Ausmerzung,’”improvement through exclusion.

      Aufartung durch Ausmerzung - improvement through exclusion.

    17. We have to go with the times, even if thereare many, many things that we do not agree with. To swim againstthe current just makes matters worse.”
    18. Filled with photographs, graphs, and tables, thepropaganda of the Office for Racial Politics made the crucial dis-tinction between quantity and quality—Zahl und Güte—easy tounderstand. Unlike Streicher’s vulgar antisemitic newspaper, DerStürmer, the Neues Volk appeared to be objective, a sobering state-ment of the difficult facts of life

      hiding behind objectivity. ppl saying things and being like well its just fact w/o the ability to double check

    19. Repeated references to the “false humanity”and “exaggerated pity” of the liberal era indicated exactly whatwas at stake: the need to prepare Germans to endorse what univer-sal or Christian ethics would regard as criminal activity.
    20. It was the modern, scientificworld of “ethnocrats” and biomedical professionals, not the anti-communist Freikorps veterans of the SA, who devised Ahnenpässeand certificates of genetic health and evaluated the genetic worth ofindividuals.

      not exactly a bait and switch but somewhere along those lines, hitler gained loyalty by kicking out communism and then harnessed the goodwill to be like "you know what else we need to do"

    21. a domestic-sounding vocabulary; a rhetoric of “cleaning,” “sweeping clean,”“housecleaning” strengthened the tendency to see politics in thedrastic terms of friends and foes
    22. Racial thinking presumed thatonly the essential sameness of the German ethnic community guar-anteed biological strength. For the Nazis, the goal of racial puritymeant excluding Jews, whom they imagined to be a racially alienpeople who had fomented revolution and civil strife and divided theGerman people.
    23. In place of the quarrels of party, the contests of inter-est, and the divisions of class, which they believed compromised theability of the nation to act, the Nazis proposed to build a unified ra-cial community guided by modern science. Such an endeavor wouldprovide Germany with the “unity of action” necessary to surviveand prosper in the dangerous conditions of the twentieth century
    24. . It drew up a long list of internaland external dangers that imperiled the nation. At the same time, itrested on extraordinary confidence in the ability of racial policy totransform social life.
    25. cultivate racial solidarity by overcoming social divi-sions, prohibiting racial mixing, and combating degenerative bio-logical trends
    26. In other words, biology appeared to provideGermany with highly useful technologies of renovation. The Na-zis regarded racism as a scientifically grounded, self-consciouslymodern form of political organization.
    27. most Germans had little reason tothink of the Third Reich as particularly sinister. “It was possible tolive in Germany throughout the whole period of the dictatorship,”
    28. He believed Germans feltthat “it’s just us now” when they lived without Jews. “Just us” alsoexpressed the closed circle in which Germans could see and experi-ence “ourselves” as “we are” and as “we have become.”
    29. but even then nothing made the “com-munity of fate” more compelling than “the conviction that therewill no longer be future for Germany after a lost war.”

      sunk-cost fallacy-- they put so much investment into this, they can't back out

    30. “its touristic spectaclesencouraged its participants to see a cause-and-effect relationshipbetween their own well being and the Nazi regime’s attempts to re-make Germans into the master race.”
    31. “People looked to Nazism as a great and radical sur-gery or cleansing” and therefore saw “the movement as a sourceof rejuvenation” in public life.
    32. On the eve of the war, in 1939, most Germans ex-perienced the Third Reich as a cherished period of economic andpolitical stability. These were achievements that the population wasdetermined to hold on to.
    33. Interweaving economic opportunity with the dangers thatmight prevent it, whether it was the threat of air attack, the pres-ence of “asocials,” or the power of Jews, Winter Relief and air-de-fense campaigns made the premises of the people’s community tan-gible and persuasive
    34. citizens found the constant donations of time andmoney onerous, but they gradually accepted the new practices, andthe slew of regulations, advisories, and prohibitions associated withthem, as the best way to manage collective life. And they expectedneighbors to comply.
    35. “Something had to be done”—these were the simple, conclusive words voiced by a friend of KarlDürkefälden’s, jobless and a new convert to Nazism. His wordswere echoed by thousands of workers in the winter and springof 1933; though a socialist, Karl himself understood—“it’s truetoo,” he added parenthetically in his diary entry.
    36. When Karl pro-tested that local Nazis had arrested young workers in the neigh-borhood and seized a trade union building, his father retorted indialect, “Ordnung mot sein,” “You have to have order.”
    37. the Nazis recognized only Volkskameraden, people’s com-rades, and Volksfeinde, enemies of the people, whom they sub-jected to deliberate and refined cruelties in a “willful transgressionof norms.

      volkskameraden - people's comrades

      volksfeinde - enemies of the people

    38. The state of permanent emer-gency declared by the National Socialists helps explain the tremen-dous efforts that they and their followers made to reconstruct thecollective body and the satisfaction they took in images of unityand solidarity. It also helps explain the violent exclusions they ac-cepted as part of the rebuilding process.
    39. restricting their rep-resentation in the professions to their proportion in the population:“that is one percent.” Moreover, she explained, “Jews want to rule,not serve.” The proof: “have you ever heard of a Jewish maid or aJewish laundry woman?”
    40. The strong presence of the police,who tended to sympathize with the National Socialists, restrictedthe mobility of opponents, while Nazi toughs broke into SocialDemocratic or trade union offices and Nazi officials banned so-cialist newspapers.
    41. the officially organized boycott of Jewish businesses on 1April 1933 required a more considered answer. Elisabeth beganwith a concession, contrasting the “happiness” of the world-histor-ical events taking place in Germany with her “sympathy” for “thefate of the individual.”
    42. sincediscussions about Jewish suffering frequently switched to the sub-ject of German suffering: “Versailles” had taken the “opportunitiesfor life” away from Germans, who were now “completely under-standably” fighting back on behalf of their “own sons.”

      "versailles" refers to the treaty of versailles, which placed the debt of ww1 on germany and tanked the economy.

  2. Dec 2023
    1. Conclusion: Supporting our hypotheses, we identify a general trend that social marginalization is associated with less system-justification. Those benefitting from the status quo (e.g., healthier, wealthier, less lonely) were more likely to hold system-justifying beliefs. However, some groups who are disadvantaged within the existing system reported higher system-justification—suggesting that system oppression may be a key moderator of the effect of social position on system justification.
      • for: system justification theory, status quo bias, question - lack of commensurate action

      • summary

        • Supporting their hypotheses, the authors identify a general trend that social marginalization is associated with less system-justification.
        • Those benefitting from the status quo (e.g., healthier, wealthier, less lonely) were more likely to hold system-justifying beliefs.
        • However, some groups who are disadvantaged within the existing system reported higher system-justification—suggesting that
          • system oppression may be a key moderator of the effect of social position on system justification.
      • Question

        • The question here is this:
          • Can system justification theory be applied to explain why the majority of citizens, even though they are aware that the current fossil fuel energy system must be rapidly scaled down, there is no commensurate sense of emergency of concomitant action?
    2. the oppression of gender minority and non-white individuals very likely increases the costs of desisting from system-justifying beliefs as is the case when minority political candidates are judged as more extreme compared to white and male candidates (69)—increasing the social sanctions (costs) for holding “extreme” views. These pressures can give rise to politics of respectability—which are used to deflect social pressures targeting one's identity (70, 71).
      • for: system justification theory - conformity bias

      • key insight

        • conformity bias imposed on individuals belonging to minorities can bring about stronger system justification behavior
      • for: system justification theory, status quo bias

      • summary

        • Supporting their hypotheses, the authors identify a general trend that social marginalization is associated with less system-justification.
        • Those benefitting from the status quo (e.g., healthier, wealthier, less lonely) were more likely to hold system-justifying beliefs.
        • However, some groups who are disadvantaged within the existing system reported higher system-justification—suggesting that
          • system oppression may be a key moderator of the effect of social position on system justification.
        • This is a very important finding and could be used to develop more effective social tipping point strategies
      • for: plan B, climate futures, dystopian future, civilization collapse

      • title: If We’ve Lost the Climate War, What’s Plan B?

      • subtitle: Why a carbon tax won’t save us, and what’s next.
      • author: Crawford Kilian
      • date: Nov 22, 2023

      • summary

        • a good article that shows the complexity and unpredictability of a collapse scenario and system justification theory, which sounds like the boiling frog syndrome
    1. system justification theory
      • for: system justification theory, Kiffer Card, Kirk Hepburn
  3. Oct 2023
    1. hinese supporters of the Qing gained power and stability, but at the cost of compromising their ethical values.
    2. ing rulers saw the fall of the Ming as a result of corrupt military officers and greedy civil officials.The establishment of Qing rule was a long process that involved collaboration between the Manchus and Chinese officials.
    3. officials even took matters into their own hands by hiring their own militias or training their own armies.
    4. eople started questioning the authority of the emperor and the government's ability to govern effectively.
    5. The social fabric of the empire began to unravel, with poverty and starvation increasing.
    6. During the Ming dynasty in China, emperors stopped meeting with their ministers and officials, causing a loss of confidence in the government.

      justified by saying that Ming would have fallen anyway

  4. Sep 2023
  5. Aug 2023
      • for: progress trap, unintended consequences, Indyweb - justifiication
      • description
        • a great source of quotations by thought leaders on the unintended consequences of technology,
          • in other words, progress traps
      • comment
        • also a lot of rich material to justify the Indyweb's design ethos
  6. Apr 2023
    1. Sole Source – Non-Competitive Justification (NCJ) If you can’t find what you need through one of those processes described above and you feel that only one source can provide this, you must justify why this item can’t be bid by submitting an NCJ.  The NCJ requires a very detailed and thorough explanation as to why a bid is not possible and it requires approval by Procurement Services and the campus CBO.  The NCJ form can be found in the forms section of this website. Contracts: Departments seeking to justify a sole-source purchase associated with a contract must complete the NCJ form and type in “see attached NCJ” in the “no bid explanation” field in the University’s Contract Management System. Requisitions/Purchase Orders: Departments must attach the NCJ form in the Market Place Requisition System and choose “sole source” as the order type. *NCJ forms must be filled out completely and signed before attaching to the requisition or contract.
  7. Nov 2022
    1. Its anonymity is both a symptom and cause of its power.

      No need to defend itself or assert its authority. It presents as a force of nature, like gravity, beyond question, beyond understanding. When threatened it responds ferociously, claiming to be "freedom", "liberty", "decency" itself - goodness and light, Christ manifest. Clearly, it is fascism.

  8. Sep 2022
    1. If your institution just spent $500,000 on a proctoring solution (a figure recently reported by Drew Harwell in The Washington Post), or $200,000, or even $30,000, put that number next to these: How many students at your school are food or housing insecure? How many faculty or staff have been furloughed, fired, or forced into early retirement? How many positions are currently frozen? How many faculty or staff have part-time or contingent positions? Then, add up all the money your institution spends on extraneous (often pedagogically suspect) edtech—like cameras in classrooms, plagiarism detection software, the LMS, proctoring solutions—and compare that number to the total budget for the center for teaching and learning.

      An exercise needed to be completed to justify the actions of incompetency. Make the argument this does not align with the mission of our institution.

  9. Jun 2022
    1. The major issue with much of the data that can be downloaded from web portals or through APIs is that they come without context or metadata. If you are lucky you might get a paragraph about where the data are from or a data dictionary that describes what each column in a particular spreadsheet means. But more often than not, you get something that looks like figure 6.3.

      I think that the reason behind data's lack of context is the reluctance in making extra column for data's description and the inconsiderate and misleading vision that those in technologies hold when they put forth that data should be clean and concise.

      I encountered the insufficient provision of data multiple times and I found it extremely inconvenient when trying to use downloaded online reports and attached them to my work experiences as a way to illustrate the efficient changes in driving audiences for a social media platform (Facebook). I used to help run an facebook page for a student organization. After being done with the role, I went to the "Insights" section of Facebook, hoping to download the report of increases in Page Likes, Visits, and Interactions during the period that I was an admin of the page. It took me several glitches to download the report (because it was a year-long term). When the pdf file was ready to be viewed, I was surprised, because they did not mention the years I was working, the name of the student organization, and other categorizations that should have been highlighted. Apparently, it's not hard to include the years or even the name because they were included in the filter when I wanted to extract certain part of the report and because it was the source where they took the data from, respectively. This laziness in showing competent data for analysis was desperate, and I had to add extra analysis to it. Even after I finished with the "extra work", I started to question to validity of the report I was downloading. Would it be trustworthy anymore, because without my clarification, no analysis could be made even by a person involved in data science field. Even if they could, it would take them a while to collect other external information before making clear of the data presented to them.

      Understanding and constantly being bothered by this ongoing problem gives me justification to call for a more thorough data translation and presentation process. More questions should be raised and answered regarding what might a user wonder about this dataset when encountering it.

  10. Apr 2022
    1. What other forms of expertise can the company bring in to analyze why sales employees are leaving their jobs?

      The website Forbes offered several pieces of advice for handle the task of rapid employee turnover, and most of them revolve around analyzing the current situation for the true root of the problem. These involved: 1. Offering more ways for current employees to give feedback on what in the company dissatisfies them, either through survey, interview, or ____. And of course, all of this must be free from repercussion. 2. Get feedback from those that have already decided to leave, from forms such as independently held exit-interviews, statistical analysis of what types of people are predominantly leaving the company, and post-employee investigation (that's done within reason)


    2. Is it possible that zip code distance might be correlated with length of employment but not a causative factor?

      Yes. The original inference she made, that the chief factor originating from the zip-code selection was the commuting distance put those from outside the close proximity white neighborhood at too steep a disadvantage to overcome. However, we should note that being that the people from these rich suburbs often have wealth to their name, a slue of other issues are observable when comparing them with their lower class competitors.

      An example might be the family status of those in these minority rich communities. Lower income neighborhoods often have higher rates of single parents, or parents who can't afford a regular nannie and therefor require tough choices with time. Another might be the fact that their lower income means they might not have a car, or if they do have a car, it is being utilized by their spouse where they can't rely on its availability. Or that due to lack of actual home ownership, drives need to take multiple jobs, or seek income from illegal sources that can cause complications in employment further down the line. Without even needing to request any such info as family status in these resumes, a cacophony of prejudices information can be inferred, just from where they live.

    3. is it even possible for a computer program to discriminate?

      Instance of Google Photos labeling African Americans as Monkeys/Chimpanzees


    4. disparate impact principle of the Civil Rights Act of 1964

      Disparate impact in United States labor law refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral.


    5. disparate impact on minority groups

      Disparate impact in United States labor law refers to practices in employment, housing, and other areas that adversely affect one group of people of a protected characteristic more than another, even though rules applied by employers or landlords are formally neutral.


    6. Sandra notices that 92% of the new sales employees hired have been white

      The 80% test was originally framed by a panel of 32 professionals (called the Technical Advisory Committee on Testing, or TACT) assembled by the State of California Fair Employment Practice Commission (FEPC) in 1971, which published the State of California Guidelines on Employee Selection Procedures in October 1972.

      Originally, the Uniform Guidelines on Employee Selection Procedures provided a simple "80 percent" rule for determining that a company's selection system was having an "adverse impact" on a minority group. The rule was based on the rates at which job applicants were hired. For example, if XYZ Company hired 50 percent of the men applying for work in a predominantly male occupation while hiring only 20 percent of the female applicants, one could look at the ratio of those two hiring rates to judge whether there might be a discrimination problem. The ratio of 20:50 means that the rate of hiring for female applicants is only 40 percent of the rate of hiring for male applicants. That is, 20 divided by 50 equals 0.40, which is equivalent to 40 percent. Clearly, 40 percent is well below the 80 percent that was arbitrarily set as an acceptable difference in hiring rates. Therefore, in this example, XYZ Company could have been called upon to prove that there was a legitimate reason for hiring men at a rate so much higher than the rate of hiring women.

      A 2007 memorandum from the U.S. Equal Employment Opportunities Commission suggests that a more defensible standard would be based on comparing a company's hiring rate of a particular group with the rate that would occur if the company simply selected people at random.[12] In other words, if a company's selection system made it statistically more difficult than pure chance for a member of a certain group, such as women or African-Americans, to get a job, then this could be reasonably viewed as evidence that the selection system was systematically screening out members of that social group.


  11. Mar 2022
  12. Dec 2021
    1. Because of the Center’s long history, depth of experience across policydomains, and diverse relationships with grassroots partners, this case informsboth theory and practice about the necessary mechanisms for successfulalliances.

      why this particular case contributes to the theory.



  13. Nov 2021
    1. study social inequality and power.

      Here Murray says the purposed of participant-observation in the study of power inequities.



    1. it enables researchers to engage with their surround-ings, the community under study, and their own understandingof the way in which the knowledge produced can or will beharnessed by the scholars themselves or policy makers with aninterest in the research and the community.




    1. addressing therange of claims, demands, and concerns planners

      Fraser's strengths to participatory planning are that it gives planners a way to address citizen concerns. and creates awareness around the challenges of participatory democracy.



    1. Deepti Gurdasani. (2021, November 1). No- the statement explicitly talks about infection in children being a ‘booster’ to adults i.e. Children infecting adults to protect them against... Infection!🤔 I don’t think there’s any level of cognitive gymnastics that could justify this or make sense of it. [Tweet]. @dgurdasani1. https://twitter.com/dgurdasani1/status/1455106192112500736

  14. Oct 2021
    1. power operates at discursive and structural levels to exclude particular knowledges and experi-ences (Foucault, 1977)

      Relationship of the IBPA to Foucault discursive analysis.



  15. Sep 2021
    1. The University of Pennsylvania (Penn)

      Why UPenn as the point of examination? Previous research: cass on UPenn's WPI 0 West Philadelphia Initiatives. But NON have looked at the neighborhood impacts Etienne - Among most sign qual research - but narrow subset - not comprehensive - no stats or measures of broader NH Change.



    1. s. However, in regard to outcomes, I would add two more bench-marks, namely whether (v) the research enables both researchers and respondents to be more fully aware of the issues being investigated; (vi) the poor use the research findings for their own purpose

      Outcomes criteria.

    2. i) they (the poor) define the issues to be researched; (ii) they contribute to deciding how the topic should be researched; (iii) they participate in collecting the research material; (iv) they interpr

      Criteria for judging if research benefits the vulnerable.



    1. While itis important to recognize the value of respondents’ time andcontributions to our research, inappropriate levels of remunera-tion can be either coercive or extractive (Paradis, 2000).

      Renumeration of interviewees for time can be extractive.

    2. Ethnography as a method2 is suitable for use in doublyengaged social science research because of one important fea-ture: Researchers must embed themselves in the communitiesthey study, and this immersive approach gives scholars a better,clearer, and more in-depth view of the particular policy chal-lenges facing those populations.

      Embedding research - immersive approach - good for descovering policy challenges.



    1. Re- jecting the notion that such a separation is possible, Smith (1977) argues that the illusion of this separa- tion can be maintained so long as the knower can be posited as an abstract being and the object can be posited as the ‘other’ who cannot reflect back on and affect the knower.

      Researcher as separate from the object of research is illusory. "The researcher is embedded in a definite social relationship in which there is a power differential in favor of the knower who assumes the power to define the process of the research.

    2. The choice of the prob- lem, together with the critiqu
    3. Having accepted the above critique of traditional social science, and recognizing that in all social science, women have been peripheral and their lives misrepresented, it is clear that a radical rebeginning is needed in feminist research.

      social science has excluded women, thus a restart on feminist research is needed. Cites thinkers.



  16. Jul 2021
  17. Feb 2021
  18. Nov 2020
    1. The overjustification effect has inspired an entire field of study that focuses on students and how to help them reach their full potential. Though experts are divided on whether extrinsic rewards have a beneficial or negative effect on intrinsic motivation, a recent study showed that rewards may actually encourage intrinsic motivation when given early in a task.

      [[question]] What is the [[over-justification effect]]

  19. Oct 2020
  20. Sep 2020
  21. Jul 2020
  22. Jun 2020
  23. May 2020
  24. Oct 2017
    1. To testify to a history of oppression is necessary, but it is not sufficient unless that history is redirected into intellectual process and universalized to include all sufferers. Yet too often testimony to oppression becomes only a justification for further cruelty and inhumanity,

      Here, Said is telling us that in order for history of oppression to have a purpose, it needs to be used in such a way where all of the voices of all of the oppressed can be heard or else we only hear the voices that justify tyranny. I think this is true and still remains true today, because if we only get that one part of history that has some justification, nothing changes. This is why history repeats itself; we don't look at exactly all of the suffering that happens.

  25. Jul 2017
    1. The justification of inequality

      The act of condition the citizenship to accept and expect stratification based on merit in society, thereby justifying unequal rewards (low pay, no health benefits, no control over shifts, low social status etc.)

  26. Dec 2015
    1. Agreementis the good stuff in science; it’s the high fives.But it is easy to think we’re in agreement, when really we’re not. Modeling ourthoughts on heuristics and pictures may be convenient for quick travel down the road,but we’re liable to miss our turnoff at the first mile. The danger is in mistaking ourconvenient conceptualizations for what’s actually there. It is imperative that we havethe ability at any time to ground out in reality.
  27. Feb 2014
    1. As intellectual property lacks scarcity, and the protection of it fails the Lockean Proviso, there is no natural right to intellectual property. As such, the justification for intellectual property rights arises from the social con tract, and in the case of the United States, the Constitution.

      The justification for intellectual property from the social contract established by the US Constitution; it otherwise has no justification by natural right because it fails the Lockean Proviso.

    2. Fisher points out that the rights - based, non - utilitarian theory is greatly influenced by two concepts: (1) the western ideology of property from Locke (that people are entitled to own the fruits of their labors, and should be rewarded in proportion to their contributions); and (2) the “romantic conception of authorship” of the divinely inspired individual genius or artist (1999, Sect. II. B).

      The first is the soul of the rights-based theory

    3. The critical difference comes out in the details, especially the amount of time rights are protected and the scope of rights allowed
    4. This paper establishes cause to suspect that current intellectual property policy overstep s utilitarian justification, and suggests that a clearer distinction should be drawn between the proper role of U.S. law in intellectual property (that which promotes innovation) and moral questions of creator’s rights.