History and Arguments
In Anglo-Saxon property law, exclusive rights have often been the codification of pre-existing social norms with regard to land or chattels.
In continental Europe there is a view that copyrights, patents, and the like are the codification of some kind of moral right, natural right, or personality right. However, such arguments can only be consistently justified through instrumentalism or consequentialism, as exemplified by the reasoning inferred in Article One of the United States Constitution that copyrights and patents exist solely "To promote the Progress of Science and useful Arts."
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Famous quotes containing the words history and/or arguments:
“Bias, point of view, fury—are they ... so dangerous and must they be ironed out of history, the hills flattened and the contours leveled? The professors talk ... about passion and point of view in history as a Calvinist talks about sin in the bedroom.”
—Catherine Drinker Bowen (1897–1973)
“We are seeing an increasing level of attacks on the “selfishness” of women. There are allegations that all kinds of social ills, from runaway children to the neglected elderly, are due to the fact that women have left their “rightful” place in the home. Such arguments are simplistic and wrongheaded but women are especially vulnerable to the accusation that if society has problems, it’s because women aren’t nurturing enough.”
—Grace Baruch (20th century)