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/or arguments:
“I cannot be much pleased without an appearance of truth; at least of possibility—I wish the history to be natural though the sentiments are refined; and the characters to be probable, though their behaviour is excelling.”
—Frances Burney (1752–1840)
“The second [of Zeno’s arguments about motion] is the one called “Achilles.” This is to the effect that the slowest as it runs will never be caught by the quickest. For the pursuer must first reach the point from which the pursued departed, so that the slower must always be some distance in front.”
—Zeno Of Elea (c. 490–430 B.C.)