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."
Read more about this topic: Exclusive Right
Famous quotes containing the words history and, history and/or arguments:
“We aspire to be something more than stupid and timid chattels, pretending to read history and our Bibles, but desecrating every house and every day we breathe in.”
—Henry David Thoreau (1817–1862)
“The custard is setting; meanwhile
I not only have my own history to worry about
But am forced to fret over insufficient details related to large
Unfinished concepts that can never bring themselves to the point
Of being, with or without my help, if any were forthcoming.”
—John Ashbery (b. 1927)
“The conclusion suggested by these arguments might be called the paradox of theorizing. It asserts that if the terms and the general principles of a scientific theory serve their purpose, i. e., if they establish the definite connections among observable phenomena, then they can be dispensed with since any chain of laws and interpretive statements establishing such a connection should then be replaceable by a law which directly links observational antecedents to observational consequents.”
—C.G. (Carl Gustav)