The Jurisprudence of Individualism (19th Century)
Felicitas and Patrick lead the work on this body of jurisprudence. We will examine the doctrine and scholarship on (1) compensating hurt feelings or mental anguish, (2) intellectual property and (3) personality rights, especially the works of influential German scholars. We plan to undertake the bulk of this work in 2025.
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Field Trips to Germany
Our work to date for this body of jurisprudence has consisted of sourcing and collecting key materials. During her June 2024 field trips to German libraries, Felicitas investigated and collected relevant materials on personality rights. She also familiarized herself with the works of Kohler and von Gierke, as well as the reception of their works by contemporary scholars, the roots of 19th century intellectual property law in natural laws that emerged during the Enlightenment, and the philosophy behind compensation for hurt feelings, mental anguish and damage to reputation (honour).