文章基本信息

标题：The Path Dependence of European Copyright
本地全文：下载
作者：Stefan Larsson
期刊名称：SCRIPT-ed
电子版ISSN：1744-2567
出版年度：2011
卷号：8
期号：1
页码：8-31
DOI：10.2966/scrip.080111.8
出版社：AHRC Research Centre for Studies in Intellectual Property and Technology Law
摘要：The development of law is generally conservative and retrospective. Values embedded are long lasting and consequent upon the main principle of predictability.1 At the same time, the problem addressed in this article is not that legal development follows a path, but, in relation to a historically relatively sudden shift in society, that the dependence on this path within law has become too strong, and hence, too retrospective, in the sense that it has failed to incorporate the social changes now at hand. Law is often prone to falling behind social change, and this gap causes conflict between the social and the legal spheres.2