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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“‘Tis happy, therefore, that nature breaks the force of all sceptical arguments in time, and keeps them from having any considerable influence on the understanding. Were we to trust entirely to their self-destruction, that can never take place, ‘till they have first subverted all conviction, and have totally destroy’d human reason.”
—David Hume (1711–1776)