Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.
- Highlights the social importance of intellectual property, drawing on literature from law, sociology, and history
- Links legal and religious history with modern state formation
- Demonstrates how old institutions have influenced contemporary organizations and high technology
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Reviews & endorsements
'A remarkable tour de force, a highly original if loosely Weberian book, tracing the development of intellectual property rights as a form of infrastructural power from the conferment of Roman legal privileges, then successively inflected by Christianity, the nation-state, and globalization, as these rights became seen as a way of stimulating intellectual creativity and economic growth.' Michael Mann, Distinguished Research Professor Emeritus, Department of Sociology, University of California, Los Angeles
'The author of this ambitious and well-written volume attempts to both synthesize and add to what we know about the historical emergence of intellectual property law. She not only covers two thousand years of legal history in an exemplary manner, but also makes many exciting forays into unknown territory. This work represents a milestone in the scholarship on intellectual property. It is of much interest not only to scholars in law but also in history and social science.' Richard Swedberg, Professor Emeritus, Department of Sociology, Cornell University
'Books that make the familiar over are comfy. Books that make the familiar new are exciting. The Intellectual Property of Nations is a book of the latter kind. It shows that the roots of intellectual property law are to be found in the Roman law of privilege - the status of being protected from others' interference with one's activities - as developed over more than two thousand years, shaped by Christian through liberal thought, monarchical through democratic government, and agricultural though digital economies. The story is both surprising and wondrous. Read and enjoy.' John Henry Schlegel, UB Distinguished Professor and Floyd H. & Hilda L. Hurst Faculty Scholar, University at Buffalo School of Law
'... This book is a work of art, that reads like a novel, but blows your mind like a documentary on a topic that you thought you were already schooled in! The book will appeal to any reader interested in broadening their contextual understanding of intellectual property, as well as those considering the globalised future of IP.' Hayleigh Bosher, The IPKat blog (https://ipkitten.blogspot.com/)
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Product details
- Date Published: May 2021
- format: Paperback
- isbn: 9781316648483
- length: 300 pages
- dimensions: 150 x 230 x 25 mm
- weight: 0.62kg
- availability: Available
Table of Contents
Introduction
1. Legal Institutions and Social Power: Setting the Stage
2. Legal Orders and Social Performance: Founding Facebook
3. Instruments of Legal Power in the Roman Republic
4. Semantic Legal Ordering: Idealizing Roman Law
5. Cultural Transformations: Christianizing Legal Power
6. Privileges and Immunities in a Sacramentalizing Order
7. Administrative Kingship and Covenantal Bonds: Early Roots of Intellectual Property in England
8. Intellectual Property in a Nationalizing Order
9. Cultural Transformations: Naturalizing Intellectual Property
10. Semantic Legal Ordering: Idealizing Intellectual Property
11. Instruments of Legal Power in the American Republic
12. Legal Institutions and Social Performance: Founding a Global Order
Conclusion – The Intellectual Property of Nations.
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Author
Laura R. Ford, Bard College, New York
Laura R. Ford is Assistant Professor of Sociology at Bard College. Professor Ford is a former attorney turned sociologist, specializing in historical sociology and the sociological theory of Max Weber.