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Thomas Jefferson understood that ideas were not really property, or if they were property they differed from real estate. He wrote, “He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.” If Jefferson gave you his house at Monticello, you’d have his house and he wouldn’t. But if he gave you an idea, you’d have the idea and he’d still have the idea. That weirdness is the source of our uncertainty about intellectual property today.

"Frederick Douglass, of sainted memory, once, in addressing his race, used these words: "We are to prove that we can better our own condition. One way to do this is to accumulate property. This may sound to you like a new gospel. You have been accustomed to hear that money is the root of all evil, etc. On the other hand, property — money, if you please — will purchase for us the only condition by which any people can rise to the dignity of genuine manhood; for without property there can be no leisure, without leisure there can be no thought, without thought there can be no invention, without invention there can be no progress.

A man has a property in his opinions and the free communication of them.
He has a property of peculiar value in his religious opinions, and in the profession and practice dictated by them.
He has a property very dear to him in the safety and liberty of his person.
He has an equal property in the free use of his faculties and free choice of the objects on which to employ them.
In a word, as a man is said to have a right to his property, he may be equally said to have a property in his rights.

"James's critical genius comes out most tellingly in his mastery over, his baffling escape from, Ideas; a mastery and an escape which are perhaps the last test of a superior intelligence. <i>He had a mind so fine that no idea could violate it.</i> [...] In England, ideas run wild and pasture on the emotions; instead of thinking with our feelings (a very different thing) we corrupt our feelings with ideas; we produce the public, the political, the emotional idea, evading sensation and thought. [...] James in his novels is like the best French critics in maintaining a point of view, a view-point untouched by the parasite idea. He is the most intelligent man of his generation."

(<i>Little Review</i>, 1918)

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American society had not the faintest idea of what it was doing or where it was going. It simply clung to its inveterate practice of making brag, bounce and quackery do duty for observation, reason and common sense. It had not yet got a glimpse of the elementary truth which was so clear to the mind of Mr. Jefferson, that in proportion as you give the State power to do things for you, you give it power to do things to you; and that the State invariably makes as little as it can of the one power, and as much as it can of the other.

Ralph Waldo Emerson would later observe that “Souls are not saved in bundles.”16 Johnson fervently believed in each individual’s mysterious complexity and inherent dignity. He was, through it all, a moralist, in the best sense of that term. He believed that most problems are moral problems. “The happiness of society depends on virtue,” he would write. For him, like other humanists of that age, the essential human act is the act of making strenuous moral decisions. He, like other humanists, believed that literature could be a serious force for moral improvement. Literature gives not only new information but new experiences. It can broaden the range of awareness and be an occasion for evaluation. Literature can also instruct through pleasure. Today many writers see literature and art only in aesthetic terms, but Johnson saw them as moral enterprises. He hoped to be counted among those writers who give “ardor to virtue and confidence to truth.” He added, “It is always a writer’s duty to make the world better.” As Fussell puts it, “Johnson, then, conceives of writing as something very like a Christian sacrament, defined in the Anglican catechism as ‘an outward and visible sign of an inward and spiritual grace given to us.’ ” Johnson lived in a world of hack writers, but Johnson did not allow himself to write badly — even though he wrote quickly and for money. Instead, he pursued the ideal of absolute literary honesty. “The first step to greatness is to be honest” was one of Johnson’s maxims. He had a low but sympathetic view of human nature. It was said in Greek times that Demosthenes was not a great orator despite his stammer; he was a great orator because he stammered. The deficiency became an incentive to perfect the associated skill. The hero becomes strongest at his weakest point. Johnson was a great moralist because of his deficiencies. He came to understand that he would never defeat them. He came to understand that his story would not be the sort of virtue-conqu

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