Re:Judge Decides Against Internet Archive
by ramblenode on Saturday March 25, 2023 @08:54PM
(#35309385)
> The idea of "having", of ownership, is not natural.
> In the natural world ownership is defended purely by force or guile
There is a third view which is that human law is a continuum ranging from things we are genetically predisposed to expect as members of a social species to constructs which are mostly cultural.
For example, almost every human civilization has some prohibition on killing and stealing from other members of the community. These are more foundational than laws about how to dress or speak. Even communities of non-human primates recognize stealing as a transgression and may collectively punish a thief. So the idea of personal property has deep roots and is not exclusively human.
"Property" which includes constructs like probhibitions on copying what someone else has done without paying them tribute is an abstraction of personal property, which is much closer to an innate human concept.
> In the natural world ownership is defended purely by force or guile
There is a third view which is that human law is a continuum ranging from things we are genetically predisposed to expect as members of a social species to constructs which are mostly cultural.
For example, almost every human civilization has some prohibition on killing and stealing from other members of the community. These are more foundational than laws about how to dress or speak. Even communities of non-human primates recognize stealing as a transgression and may collectively punish a thief. So the idea of personal property has deep roots and is not exclusively human.
"Property" which includes constructs like probhibitions on copying what someone else has done without paying them tribute is an abstraction of personal property, which is much closer to an innate human concept.