This analysis delves into the enduring relevance of Hegel’s philosophy concerning property rights, freedom, and the role of the state, particularly in the context of contemporary intellectual property issues. Hegel’s intricate exploration of property as an expression of individual will and self-realization, as well as his emphasis on the ethical dimensions of ownership, provides a rich framework for understanding the complexities of intellectual property rights. While Hegel did not directly address intellectual property, his theories offer insights into moral rights, the relationship between personality and property, and the role of the state in safeguarding individual freedoms. However, criticisms arise regarding the applicability of Hegelian philosophy to modern intellectual property, especially concerning its international nature and potential conflicts with monopolistic practices. Ultimately, this analysis underscores the need for careful consideration when applying Hegel’s theories to contemporary intellectual property challenges, acknowledging both their relevance and limitations in navigating the evolving landscape of rights and innovation.
1.  Introduction
Renowned as the father of dialectical logic, Hegel’s influence reverberates through the works of subsequent thinkers, including Karl Marx. While notorious for the complexity of his writings, Hegel’s ideas have proven enduring and continue to captivate scholars and thinkers to this day.
Among the myriad topics addressed by Hegel, his reflections on property, freedom, and the role of the state hold particular significance. His major works, including “Phenomenology of Spirit” (1807) and “Philosophy of Right” (1821), delve into the intricacies of human freedom, self-realization, and the nexus between individual rights and the state. Hegel’s dialectical method, a process of thesis, antithesis, and synthesis, is a cornerstone of his philosophical system, offering a lens through which he examines the evolution of ideas.
This exploration delves into Hegel’s philosophy on property, emphasizing his nuanced understanding of the concept of ‘will.’ Hegel posits that property is intimately connected to an individual’s self-actualization and freedom, with the state playing a crucial role in safeguarding these rights. Examining Hegel’s views on property becomes especially pertinent when contemplating contemporary issues like intellectual property. While Hegel did not directly address intellectual property, his theories on individual freedom, self-realization, and the role of the state provide a rich tapestry for considering the justifications and challenges associated with intellectual property rights.
This analysis will scrutinize Hegel’s perspectives on property and its connection to personality, exploring how his ideas may offer insights into the realm of intellectual property. Hegel’s emphasis on the ethical dimensions of property, his concept of alienation, and the role of the state in upholding freedom will be examined in the context of intellectual property rights. Furthermore, the paper will consider criticisms and limitations of applying Hegelian philosophy to the modern complexities of intellectual property, acknowledging both the potential alignments and divergences. As we navigate the intricate web of Hegel’s ideas, we seek to discern the relevance and applicability of his philosophical framework to the evolving landscape of intellectual property in the contemporary world.
2.  Hegel: An Overview
George William Fredrick Hegel is known as the father of dialectic logic, forefather of Marx and most important western philosopher. He was termed as one of the most difficult philosopher to read, he has attempted to expand many ideas of Kant but due to his density and complexity of works and words he invented, there was a restrain degree of complexity what he claimed for, though many of his work has been passed over his historical and political work greatly influenced Marx and remain interesting today. Born in Germany in 1770, he lost his mother at his childhood after finishing his studies become professor at University of Hardenberg and after served as chair and later served at University of Berlin. As mentioned Hegel was influenced by Kant and Johann Gottlieb Fichte and also influenced by the historical and cultural factors including enlightenment and the French revolution. Phenomenology of spirit (1807), Science of Logic (1812-1813) and Philosophy of Right (1821) are some of his major works. Hegelâs is very famous for his dialectical method, i.e. a way of examining the ideas through process of thesis, antithesis and synthesis and this method is focal point of his philosophical system. Hegelâs thought on property right is reflected in his work of âphilosophy of Rightâ(1821) and the work point out that his concept of freedom is mainly concerned of nature of freedom, self-realisation and the role of state in procuring individual rights his theory of property spells out that property right is not only about external expression but is a vital matter related to a personâs self-expression and his will and realising of oneâs own freedom whereas Locke have a different view of property that is nothing but property is something acquired by a man by application of his labour, Kant throws out a view point that property right is essential for protecting and maintaining justice and order in society, JS Mill emphasise property is something that plays a prominent role in promoting well-being (utilitarian approach) Marx who is also a great follower of Hegel came with philosophy of collective ownership of property or the role of property in promoting equality in the society. Hegelâs philosophy on property prima facia seems to giving importance and emphasis on private property or individual but also points out the social value of property where critics point out the dialectic materialism in Hegelâs view point about property which will be dealt in this paper in the coming parts. Concerning with the emerging field of discipline that is Intellectual property Hegel and his various theories about property has not addressed the concept relating to intellectual property but even though certain aspects of Hegelâs theory can be invoked to justify the intellectual property that is Hegelâs thoughts on individual freedom and self-realisation suggest a parallel with the protection of intellectual property whereas the legal safeguards propounded by Hegel can be seen as enabling expression of creative ideas. And also his view point that is the overall development of Individual and its transformation in accordance with social value and ultimately resulting in welfare of people has a significance in respect to intellectual property where its promotion is vital for the development of society.
3.  Hegel and Property
Hegel’s philosophy of property is said to revolve around the concept of “will,” which is evident in his work “Philosophy of Right.” Will is seen by Hegel as the fundamental idea and point of departure for the self-actualization and realization of freedom. It progresses through a series of exchanges and evolutions that lead to the progression, where the unmediated individual will becomes the general will. This stage of evolution from individual to social will is said to be the conceptual point at which Hegel centers his philosophy and discusses property. According to him, “will” is about the pure thought of oneself, while on the other hand, it is simply the depiction and unity of ego, or it can be said that will is all about self-determination. Hegel has tried to explain the notion of freedom in the context of will that freedom is not merely the absence of constrain but it is the realisation of state of being and for him the personality is nothing but depiction of will that is will goes and plays prominent role in each stage of transition of humans and he emphasise that individual freedom has to be realised internally and it actually make no sense when it is not in accordance with rationality of the state or otherwise we can say that oneâs freedom depends upon the laws and norms existing in the state and it is only at that stage one can actually enjoy the benefits of freedom, the freedom that can be absolute only it is subjective based on the relation in society one has to first realise his will in accordance with social as well as ethical context, this idea of Hegel is said to be conservative by many western thinkers and his theories are very well debated and criticised by liberal thinkers for example we can say that one may have the right to make a speech which is manifestation of his will but if he is in conflict with law of the state he wonât be able to enjoy that freedom or we can say an exercise of the bright of an individual can be only be done either when the law is silent or within the four corners of law. According to Hegel, one can therefore appropriate things by using their will. He defines a thing as something that becomes a part of a person’s personality; their free will, imagination, and sense of self can all be considered things. He also holds that there is no predetermined definition of what constitutes property, in contrast to Locke’s proviso, which states unequivocally that property is determined by the individual who uses his labor to appropriate it. According to Hegel, the only prerequisite for the appropriation of any kind of property is a free mind; neither a physical nor particular existence is required for a thing.
4.  Hegel and Personality
If we take a look at the many theorists and academics who have taken refuge in Hegel’s personality theory, it is clear that Hegel’s theory defends against the attack from utilitarianâs who argue that property is only recognized by the state if it maximizes wealth and advances societal goals. According to Hegel’s theory, property only needs to be recognized by the state; no evidence of its effectiveness or social welfare is required. Additionally, he emphasizes that property is an individual’s self-identity that he or she has created through the application of their will and personality. Property and ownership are also significant turning points in the process of self-development, achieving freedom, and ensuring one’s survival. Furthermore, Hegel’s philosophical ideas make sense to countries all over the world when it comes to defending their rights to intellectual property and related rights. However, as Hegel solely focused on an individual’s identity, this cannot be applied to the society. Many jurists and philosophers believe that Hegel’s philosophy is inapplicable to justifying all forms of intellectual property, but when it comes to works like copyright, it is considered the most appropriate one. This is because a person’s personality is reflected in literary and artistic works, such as novels, poems, and artwork. Personality traits are also reflected in other works, like semiconductor chips and computer software. Justin Hughes has explained this.
5.  Thing and Intellectual Property
Hegel has clearly through his philosophical thoughts points out that there is no specific or any physical kind of property or existence is needed for appropriation of property what only needed is free mind and this free mind theory helps philosophers to justify Intellectual property especially some specific and narrow ones i.e. any kind of intellectual property can be appropriated by a man by using his free mind and his will where we can use to justify certain kind of intellectual property right to things such as DNA, Plant variety etcâŠwhere the scope is very narrow, thatâs not the scenario in other philosophies and theories where identification of property is the first thing but here according to Hegel what will occupies that that becomes property.
But there are also scenario where property cannot be appropriated as per Hegelâs philosophy and theory of will and free mind and Hegel also admits it and explains that there will be scenario where effectiveness of occupation depends upon things, i.e. many time we may be able to occupy using our free mind but there are also cases where appropriation may not be complete because of the characteristics of the things , for example James walks through a desert alone and he find some cactus plants which he liked it according to Hegel by his will and free mind he liked the beauty of the cactus plant, however the effectiveness of the appropriation(occupation) depends upon the characteristics of the cactus (thing) itself. In this scenario if cactus has some specific characteristics such as it only grows in a particular ecosystem and soil, James may find it difficult to fully appropriate the property despite his free will and mind there are certain other features of the thing itself posses a challenge to him to occupy it fully and this example establishes Hegelâs contention that effectiveness of occupation is not affected by will but also by the characteristics of the thing.[i]
6.  Alienation of Property
As per Hegel when a person appropriates something it becomes part of his personality and same to the contradiction alienating it result in loss of personality and as per him things such as external in nature to a person only can be alienated and he has not explained what is external or what are quality posed by external things of a person so it can be said that idea can be also said as external in nature and it can be alienated and as per Hegel alienation of property is not only voluntarily done by a person but it can be also happened when a person by using force appropriate property of person and there we can say by this act on may become slave of the appropriated person since property is the manifestation of personality and justifying personality theory it can be said that poem, story, and musical works are also property because it depicts the personality of an individual. This reflection of personality can be seen in some Intellectual property especially copyright properties, despite it cannot be found in some of intellectual property such as microchips, engineers work etcâŠso we can use Hegel and his personality idea to justify where a personâs personality is reflected in one personâs intellectual property.
7. Moral Rights
Why moral rights is important why it is required? Literatures, artistic works has reflection of personality of creator and the person has right over that, but in initial days copyright was given to publishers but not to the authors and the publishers were given these right because of their influence and they have reaped economic advantage using these rights, later many movements were carried out different part of the world especially in western countries by the authors for recognition of their right and these movements were not mainly for recognition of their creativity but was mainly to gain some economic benefit and monopoly, but these protest made by authors was actually successful and subsequently many courts and authorities began to recognise the authors right and the authors right that is the moral right aligned with it is justified using Hegel. But many people like Peter Drahos and others through their piece of work oppose there are no moral right aligned to the realm of copyright and authors right the opposes to Hegelâs moral right theory of justification points out that copyright are right mainly given to protect authorship and prevent authors from using it or can be said as paternity and mutiny prevention right and copyright protection it is not to preserve moral right or personality manifestation. A person has been provided with right to authorship or paternity right for example it can be seen in section 38(b) and 57 of the Copyright Act in India and also given safeguards to protect their work from infringers but node made to preserve the moral right of the authors or personality of authors, but this perspective even though cannot be fully agreed upon because the time period given for Copyright in one way indirectly symbolises that it aim to protect the personality manifestation of the author
. Hegel, speaking about his idea on intellectual common it can be understood that as per him when one externalise his property it became available for every one and they others can build upon it with permission of the particular person and Hegel believes that it will result in creation and will be helpful to develop the society, the same can be used to justify some of the rights in intellectual property especially related to copyright such as right to adaptation where the reproducer with permission of the author can do adaptation for the work .
8. Hegel and State
Even if the primary focus of Hegel writing is to analyse the freedom, Hegel has also incorporated the role of State in ensuring absolute freedom for the human. And he says State is an instrument, that is used to achieve freedom, but the way he explain the role of state and its explanations is quite complex and abstract, even though the thinker uses and admits his views because of his metaphysical thought. When we come to Locke freedom is not connected to state but Hegel prominently points out that the State has a vital role to play in ensuring freedom of an individual or an instrument that is used to achieve freedom. For Locke and Hobbes state is an obstruction for attainment of absolute freedom or they had an open approach about freedom that is freedom should be absolute there shouldnât be anything there that places an obstruction on freedom of an individual but as per Hegel when a person externalise his personality to society he becomes the part of the state and is obliged to do certain duty or we can say Hegel pointed out on an objective freedom. For example if one is a slave he has no duty but when a person is a citizen he has certain duty or objective freedom or letâs take a journey how one achieve absolute freedom as per Hegel, the journey begins from the free will of an individual and will appropriate some property that is his personality is that property and he has to adhere with state norms because state defends his property and then he attain absolute freedom.[ii]
Again coming to the concept of State numerous human being coming together cannot be called as a state as per Hegel, Hegel tries to define the civil, political and ethical elements are needed for a state and these viewpoints of Hegel is also complex about state that is it is complex to understand what Hegel meant by the Civil, Political and Ethical state, but making a sort of analysis it can be understood that Hegel would have meant the whole of the people by using term civil society, the law of the land in Political state and importance of the ethical standard by using of the term ethical state. Hegel says these three are interrelated and their unity is necessary for a powerful state (but there also exists a dialectics that is these three elements cannot come together or work interrelated, because there will be conflict between these three elements) and Hegel says this unified state is going to protect property of the citizens and also one should not dominate other than the power or an ideal state will be lost. As Peter Drahos who is trying to explain Hegel in the realm of Intellectual property Drahos says that the civil society when getting the idea to appropriate rights over abstract things that is intellectual property there everyone gets the business behind the intellectual property and race a begins and this put pressure on the existing laws and ethical state and since the existing laws are not enough they have to come up with new laws (because people are coming up with a number of abstract things)the GI Act, Semiconductor protection laws, business method protection laws, Traditional knowledge protection laws are some of the examples and also the necessity of international form of protection also emerge because of the new form of property or as per Hegel the personality of a person will get an international dimension , the personality at one stage comes into society then connected to state and now international level.[iii]
9. Criticism to Hegel and his Concept
Hegel points out that State has the duty to defend the property and to make laws to do so on the other side Hegel says that the state should not be the guardian and the creator of privilege that is Hegel doesnât see property as a form of privilege, but coming to intellectual property Patent rights, copyright, etc. are a form of privilege so the critics of Hegel points out that Intellectual property is a kind of privilege and Hegel is totally against it so his theories cannot be used to justify the intellectual property right or it is inadequate.
And also one of the purpose of State is absolute freedom i.e., economic development and wellbeing of the people and relieve them from poverty, but Intellectual property on the other hand aggravate this problem for example patenting of some medicine may increase its price and canât be affordable by public especially during the pandemic situation and all ,and also Intellectual Property gives monopoly especially in items like medicines and this restrict the wellbeing of people , so we can say that it is against ethical value of the state, but Hegel pointed out that ethical standards are one of the essential element required to a state so the critics argue that Intellectual property all are not in adherence with the ethical standard and Hegel and his philosophy cannot be used to justify the unethical Intellectual property that hinders the wellbeing of the people
Hegel has also told that physical property is the personality is extended to society, but the intellectual property has an international reach since it is intangible and abstract where physical property is only limited to the state, that is Hegel has only given importance to physical property or society which it exist, and Hegel as told that it is the duty of the state to protect the property, but now Intellectual Property has become international and it is governing the state and critics point out that it has not been foreseen by Hegel. Evolution of TRIPS , international intellectual property laws etc.
The distinctive ethical norm is reflected in the property as per Hegel and it can be said that private property or personality acquire some of the characteristics of the society, that is Hegel says ethical norms are also acquired when property is acquired i.e. property has an ethical character. But as per the explanation of Peter Drahos in Intellectual Property or any sort of property existing in an abstract form , and in modern international regime the property is excluding the ethical values especially values relating to the culture and tradition and those tradition that are having popularity is included and others are excluded that is it can be said that the Intellectual Property regime is not protecting or promoting ethical values as per Hegel so Hegelâs theory doesnât apply in the case of Intellectual Property.
The critics also point out that Hegelâs personality theory cannot be used in justifying some of the inventions that are more rigid and technological in nature such as air conditioner, washing machine ,etc that is it raises the question how far the personality of the person is evident in those kind of inventions and how to measure it.[iv]
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10. Conclusion
In conclusion, the exploration of Hegel’s philosophy in relation to property and its application to intellectual property reveals a nuanced perspective. Hegel, often considered the father of dialectical logic and a foundational figure in Western philosophy, provided a complex framework for understanding the nature of property, freedom, and the role of the state.
Hegel’s emphasis on the centrality of the “will” in his philosophy of property underscores the idea that individual freedom and self-realization are intricately tied to the societal and ethical context. The concept of property, according to Hegel, extends beyond mere physical possession and is deeply rooted in the expression of one’s personality and will.
When it comes to intellectual property, Hegel’s theories, while not explicitly addressing this modern concept, can be invoked to find parallels. The notion that the overall development of individuals contributes to the welfare of society aligns with the importance of intellectual property in fostering creativity and innovation. Hegel’s emphasis on the ethical dimension of property suggests a connection to moral rights associated with intellectual creations.
However, Hegel’s philosophy also faces criticism when applied to intellectual property. Critics argue that Hegel’s vision did not foresee the international nature of intellectual property and that his aversion to property as privilege might conflict with the monopolistic aspects of certain intellectual property rights.
Moreover, the evolving landscape of intellectual property, especially in the realm of technology and global trade, raises questions about the applicability of Hegel’s personality theory to inventions that may lack an obvious connection to individual expression.
In the end, while Hegel’s philosophy provides valuable insights into the nature of property and its connection to freedom and self-realization, its direct application to the complex and dynamic field of intellectual property requires careful consideration. Hegel’s ideas contribute to the ongoing discourse on the ethical dimensions of property rights, but they also prompt us to critically evaluate their relevance and limitations in the context of contemporary challenges and innovations.
Citations
[i] âDrahos, Peter. A Philosophy of Intellectual Property. Routledge, 2016.,â n.d.
[ii] âHughes, Justin. âThe Philosophy of Intellectual Property.â Geo. LJ 77 (1988): 287.,â n.d.
[iii] âDrahos, Peter. A Philosophy of Intellectual Property. Routledge, 2016.â
[iv] âDrahos, Peter. A Philosophy of Intellectual Property. Routledge, 2016.â
REFERENCEs
- Drahos, Peter. A Philosophy of Intellectual Property. Routledge, 2016, https://books.google.com/books?hl=en&lr=&id=7FOoDQAAQBAJ&oi=fnd&pg=PT9&dq=++Drahos,+Peter.+A+Philosophy+of+Intellectual+Property.+Routledge,+2016&ots=_s7p23J-9L&sig=FCBdvXf1FjIJ_M8qcZNFtspzbfo
- âHughes, Justin. âThe Philosophy of Intellectual Property.â Geo. LJ 77 (1988): 287.,â n.d., https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/glj77§ion=19
- âKnowles, Dudley. âHegel on Property and Personality.â The Philosophical Quarterly (1950-) 33, No. 130 (1983): 45-62.,â n.d.., https://www.jstor.org/stable/2219203
- âWaldron, Jeremy. âProperty and Ownership.â (2004).,â n.d., https://plato.stanford.edu/Entries/property/
About Author:
Anujus Pradeep is a practicing lawyer and Master’s student specializing in Intellectual Property Law. With a passion for justice and a commitment to excellence, Anujus offers expert legal advice across a spectrum of civil, criminal, and Intellectual Property Law matters. His comprehensive research skills and keen attention to detail allow him to carry out legal research in various fields of law. Currently pursuing his LLM at the esteemed Rajiv Gandhi School of Intellectual Property Law, Anujus is deeply engaged in advancing his expertise in this complex field.