Specifying Rights: the Case of TRIPS
2011 (English)In: Public Health Ethics, ISSN 1754-9981, Vol. 4, no 1, 63-69 p.Article in journal (Refereed) Published
The TRIPS-agreement has been widely discussed. Critics have critisised it for favouring property rights at the cost of public health in AIDS-stricken development countries. In this article the conflict between on the one hand Intellectual Property Rights and on the other a right to subsistence is analysed with the help of a method for specification. The rationalization of TRIPS and its amendments raises two questions for ethics, one normative and one meta-ethical. Firstly, which right has priority: the right to property or the right to subsistence? Secondly, how can conflicting rights be reconciled in a coherent ethical system. The aim of the article is to answer these two questions and in order to do that the method of specification developed by the philosopher Henry Richardson is applied. The result is a specified norm applicable for this and similar kind of rights conflicts.
Place, publisher, year, edition, pages
Oxford: Oxford University Press , 2011. Vol. 4, no 1, 63-69 p.
IdentifiersURN: urn:nbn:se:liu:diva-64493DOI: 10.1093/phe/phr004ISI: 000300218800008OAI: oai:DiVA.org:liu-64493DiVA: diva2:392159