Conversations with Professor Bill Cornish: Legal History in Context, and Defining Elusive Concepts as Intellectual Property

IF 0.2 Q4 LAW Legal Information Management Pub Date : 2022-03-01 DOI:10.1017/S1472669622000056
Lesley Dingle
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Abstract

Abstract Professor Bill Cornish was a legal scholar of vision, who was well ahead of his time in two widely disparate areas, and in both he became a recognised leader and authority: legal history and intellectual property law. In the former he applied what was then the novel approach of stressing the contemporary social conditions to which the extant law had to apply - something that modern commentators could well ponder, but which he was honest enough to acknowledge was also criticised by some of his peers at the time. As for intellectual property law, his place as the ‘father of intellectual property teaching and scholarship in the UK’ was acclaimed by his admission as a Fellow of the British Academy in 1984, and his place as the inaugural occupant of the Herchel Smith Professor of Intellectual Property Law, at Cambridge (1995–2004). Both these activities had their origins in Bill's long stay (1970–1990) as professor of law at the London School of Economics, where he was influenced by their emphasis on societal tertiary education, and his friendship with the renowned Anglo-German scholar Otto Kahn-Freund, respectively. In reality, though, Bill's upbringing in the unique milieu of immediate post-War South Australia, which he describes as a backwater of tranquility, and his urge to see Europe were the roots of his expansive vision of the law. Lesley Dingle interviewed Bill for the Eminent Scholars Archive (ESA) in 2015, nine years after his retirement, and these observations of this remarkable scholar are based on those conversations, and her readings of his works.
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对话教授比尔·康沃尔:法律史的背景下,并定义难以捉摸的概念作为知识产权
摘要Bill Cornish教授是一位有远见的法律学者,他在两个截然不同的领域遥遥领先,在这两个领域他都成为了公认的领导者和权威:法律史和知识产权法。在前者中,他采用了当时新颖的方法,强调现存法律必须适用的当代社会条件——这是现代评论家很可能思考的问题,但他足够诚实地承认,这一点当时也受到了一些同行的批评。在知识产权法方面,他作为“英国知识产权教学和学术之父”的地位因1984年被英国科学院院士录取而备受赞誉,并于1995-2004年成为剑桥大学赫歇尔·史密斯知识产权法教授的首任教授。这两项活动都源于比尔作为伦敦经济学院法学教授的长期逗留(1970年至1990年),在那里,比尔受到了他们对社会高等教育的重视,以及他与著名英德学者奥托·卡恩·弗洛伊德的友谊的影响。然而,事实上,比尔在战后南澳大利亚的独特环境中长大,他将其描述为一片宁静的回水区,他渴望看到欧洲,这是他对法律的广阔愿景的根源。2015年,在比尔退休九年后,莱斯利·丁格尔为知名学者档案馆(ESA)采访了他,这位杰出学者的这些观察是基于这些对话以及她对他的作品的解读。
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