Industrial-Sized Deals Best Books of the Month Shop Women's Handbags Learn more nav_sap_plcc_6M_fly_beacon Beach House Storm Fire TV Stick Grocery Find the Best Purina Pro Plan for Your Pet Shop Popular Services Home Theater Setup Plumbing Services Assembly Services Shop all TransparentGGWin TransparentGGWin TransparentGGWin  Amazon Echo Fire HD 6 Kindle Voyage The Walking Dead\ Shop Now Deal of the Day
JUSTIFYING INTELLECTUAL PROPERTY and over one million other books are available for Amazon Kindle. Learn more
  • List Price: $63.00
  • Save: $6.30 (10%)
In stock but may require an extra 1-2 days to process.
Ships from and sold by
Gift-wrap available.
Justifying Intellectual P... has been added to your Cart
+ $3.99 shipping
Condition: Used: Good
Comment: Connecting readers with great books since 1972. Used books may not include companion materials, some shelf wear, may contain highlighting/notes, and may not include cd-rom or access codes. Customer service is our top priority!
Sell yours for a Gift Card
We'll buy it for $14.25
Learn More
Trade in now
Have one to sell? Sell on Amazon
Flip to back Flip to front
Listen Playing... Paused   You're listening to a sample of the Audible audio edition.
Learn more
See all 2 images

Justifying Intellectual Property Hardcover – July 13, 2011

2 customer reviews

See all 2 formats and editions Hide other formats and editions
Amazon Price New from Used from
"Please retry"
"Please retry"
$50.08 $43.93

Best Books of the Year So Far
Best Books of the Year So Far
Looking for something great to read? Browse our editors' picks for 2015's Best Books of the Year So Far in fiction, nonfiction, mysteries, children's books, and much more.
$56.70 FREE Shipping. In stock but may require an extra 1-2 days to process. Ships from and sold by Gift-wrap available.

Frequently Bought Together

Justifying Intellectual Property + The Economic Structure of Intellectual Property Law + Intellectual Property in the New Technological Age, Sixth Edition (Aspen Casebook Series)
Price for all three: $283.11

Some of these items ship sooner than the others.

Buy the selected items together

Editorial Reviews


In this book, which promises to be a landmark in the field, Merges presents a wide-ranging and highly insightful synthesis of three strands of property-related philosophy in order to provide a grounding for mid-level principles of intellectual property. (Henry E. Smith, Harvard Law School)

A new Bible for Intellectual Property...At the fundamental level, Merges relies upon deontological ethics derived from Locke (justification for appropriation), Kant (individual freedoms), and Rawls (distributive justice). By threading together these historic lines of thought, Merges provides an ethical foundation both for the establishment of property rights for creative contributions to society as well as for substantive limits to those rights. Justifying Intellectual Property is a fascinating book...[It] offers a new framework for understanding intellectual property with a particular focus on why it makes sense to offer property rights for creative enterprises. (Dennis Crouch 2011-10-14)

About the Author

Robert P. Merges is Wilson Sonsini Goodrich & Rosati Professor of Law and Technology, University of California, Berkeley, School of Law, and co-founder of the Berkeley Center for Law and Technology.


Best Books of the Month
Best Books of the Month
Want to know our Editors' picks for the best books of the month? Browse Best Books of the Month, featuring our favorite new books in more than a dozen categories.

Product Details

  • Hardcover: 422 pages
  • Publisher: Harvard University Press (June 13, 2011)
  • Language: English
  • ISBN-10: 0674049489
  • ISBN-13: 978-0674049482
  • Product Dimensions: 1.2 x 6.2 x 9.8 inches
  • Shipping Weight: 1.7 pounds (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #616,532 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.

Customer Reviews

5 star
4 star
3 star
2 star
1 star
See both customer reviews
Share your thoughts with other customers

Most Helpful Customer Reviews

9 of 9 people found the following review helpful By Thomas H. Burroughes on March 14, 2012
Format: Hardcover Verified Purchase
Sometimes you read a book and come away with more questions than answers. This book, which is beautifully written (why cannot all such academics write like this?) takes on the controversial subject of intellectual property. As demonstrated by recent legal spats involving the likes of Apple and Blackberry, IP is hardly a arcane matter just for lawyers and executives - it affects all of us. We live in the age of file-sharing; we can download books, films and other material in seconds. Meanwhile, the issue of patents has become an international hot issue due to demands from peoples in poor countries for access to patent-free drugs to deal with HIV, TB and other killers diseases and conditions.

First of all, on the positive side, Merges is to be congratulated for defending IP in a way that goes far beyond the usual utilitarian, consequentialist arguments that are made in defence of IP. (That is not to say that he ignores those arguments out of hand). He realises that for some critics of IP, the issues are as much matters of ethics as they are of material benefit. So, in an interesting exercise, he seeks, not always convincingly, to knit together the ideas of Locke, Rawls and Kant to build an ethical foundation for IP, both in terms of justifying the rights of individuals to "propertise" their labour, while also using these men's ideas to justify restrictions on certain forms of IP (such as when he writes about waivers, or proportionality), and to justify things such as redistributive methods to ameliorate what are seen as cases where IP rights give "too much" benefit to an IP holder.
Read more ›
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback. If this review is inappropriate, please let us know.
Sorry, we failed to record your vote. Please try again
4 of 7 people found the following review helpful By Drew on October 24, 2011
Format: Hardcover
As the title claims, the purpose of this book is to provide a justification for intellectual property. In contrast to much of the work in this area, however, Justifying Intellectual Property does not build its case solely on economic or utilitarian grounds. Instead, the author attempts to make the ethical case for IP, arguing that these rights run deeper and are more fundamental than the conventional view of IP rights as policy tools to spur innovation. To support this contention, the author brings in a significant amount of material from Locke, Kant, and Rawls to build his case. The first chapters of this book deal with these somewhat dense philosophical questions, but the later chapters move toward what the author refers to as "mid-level principles", the principles that are more familiar to those acquainted with IP. These include efficiency and proportionality among others. The author, however, does not abandon the ethical foundation laid in the first chapters. He builds upon it, incorporating these mid-level principles into his model and then, in the final chapters, addressing more contemporary issues in IP.

The scope of this book is immense, and the first several chapters can be a bit daunting. If you have the requisite stamina though, the payoff is enormously satisfying, presenting a comprehensive and firmly rooted model for IP. In the end, the challenge to dig deeper for IP's foundations is perhaps the most important takeaway. I highly recommend it.
Comment Was this review helpful to you? Yes No Sending feedback...
Thank you for your feedback. If this review is inappropriate, please let us know.
Sorry, we failed to record your vote. Please try again