ABSTRACT

The right to intellectual liberty is constituted by four right-incidents each corresponding to the requirement of noninterference as it applies to each of these four modes of intelligent engagement with the world: apprehension, investigation, assimilation and informed action. In other words, the right to intellectual liberty is not peremptory in force. The right to intellectual liberty as it appears in the state of nature is a negative right, and it does not require positive political duties to teach others. But it certainly allows people the liberty to negotiate all manner of pedagogical arrangements. Now the idea-creator may say, in a Millean spirit: Look, my basic freedoms in the State of Nature include the right to be able to labour to create some object or service, and then to trade it to those who want it. If intellectual property is to be justified, it is as a series of legitimate exceptions to the broader, more fundamental right to intellectual liberty.