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:
“Look through the whole history of countries professing the Romish religion, and you will uniformly find the leaven of this besetting and accursed principle of action—that the end will sanction any means.”
—Samuel Taylor Coleridge (1772–1834)
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