ABSTRACT

The purpose of this chapter is to evaluate the application of Locke's writing on property to intellectual property. By way of preview, it is argued that labour has a comparatively minor, somewhat functional role in so-called 'labour theories of property' with which Locke is commonly linked. The real value of Locke's writing on property is that it shows us that the coherence or truth of an argument that relies on natural rights to justify intellectual property rights primarily depends on a concept of community and an accompanying metaphysical scheme. Appeals to labour in labour theories of property are essentially exhortations to keep certain metaphysical assumptions and a concept of community in place.