Advertisement

Intellectual property and industrialization: legalizing hope in economic growth

  • 498 Accesses

  • 1 Citations

Abstract

This article draws on theoretical resources from economic sociology and sociology of law to intervene in economic debates about the relationship between intellectual property and industrialization. Utilizing historical evidence from the earliest period of American intellectual property law and from a formative company in the New England textile industry, I propose a social process of influence that connects intellectual property law to industrialization. I argue that, consistent with the findings of New Economic Sociology, social relationship structures and social capital are the proximate influential force in industrialization. However, I also argue that transformative changes in those social relationship structures are rooted in the emergence of a particular type of political culture: what I call here, borrowing from Hannah Arendt and Frank Dobbin, a “Natal-Industrial Culture.” A Natal-Industrial Culture, as I propose it here, is a political culture in which collective hopes for the future are placed in new technologies and new cultural products, as means for achieving economic growth. Intellectual property law contributed to the emergence of this new type of political culture by holding out the promise of property, as a reward for the provision of new technologies or new cultural products. Because of the way that hope works on motivation—through cognitive pre-rehearsals of future attainment, which involve semantically-meaningful propositions and contribute to positive emotional experience—the promise of property provided a powerful stimulant to social capital formation. Working through the semantic resonances of property, intellectual property law contributed to a political culture in which invention and creativity were expected to secure a future of growth within the political community, both for particular members and for the political community, as a whole. By fostering a Natal-Industrial Culture, intellectual property law contributed to systematic invention and social capital-formation, leading, in turn, to the transformative changes in working and material provisioning that constitute industrialization.

This is a preview of subscription content, log in to check access.

Access options

Buy single article

Instant unlimited access to the full article PDF.

US$ 39.95

Price includes VAT for USA

Subscribe to journal

Immediate online access to all issues from 2019. Subscription will auto renew annually.

US$ 99

This is the net price. Taxes to be calculated in checkout.

Notes

  1. 1.

    The term “reciprocity” is used more often than loyalty. However, researchers are typically interested in an actor’s subjective expectation of reciprocity, i.e., in her motivation for action. In this case, her belief in the loyalty of another person seems to be the more fundamental attitude, rather than her belief in the other’s reciprocity. We want our relationships to be fair, but even if they are not always strictly fair, we are likely to trust them when we believe the other person is loyal.

  2. 2.

    Three factors can be analytically distinguished in considering how social relationship structures generate these economic benefits or costs: (1) the attributes of the overall relationship structure, (2) the position an individual or firm occupies within the structure, and (3) the quality of the ties comprising the structure (see Uzzi 1996, p. 675).

  3. 3.

    Hannah Arendt was notoriously skeptical of sociology and the social sciences (see Walsh 2015; Baehr 2010, 2005, 2002). In her view, the rise of the social sciences is tied to a historical development toward modernity that elevated “society,” and correspondingly devalued “politics,” in dangerous and morally-objectionable ways (Arendt 1998). She was deeply disturbed by tendencies toward social engineering in sociology and the social sciences, which were characteristic of a type of social action in which society is something that we make and manipulate. Nevertheless, her vision is centrally focused on the life of human beings in interaction with one another, and she was certainly a social theorist. She was, moreover, a deeply original social theorist who reflected on a number of themes centrally relevant to this article: law, political community, culture, meaning, economic growth, technology, property, and hope.

  4. 4.

    Pairing Kant and Augustine in a sociological theory of hope might seem to be a rather ill-fated proposition. Kant, after all, famously excluded emotions and affectivity from moral motivation, whereas Augustine placed love, joy, grief, and fear at the very heart of his ethical theories. Without denying the obvious differences between Kantian and Augustinian theories, it is nevertheless true that both theorists emphasized the role of judgment in moral motivation. And it is precisely in the area of moral judgment that contemporary social psychologists and moral philosophers are pointing to the inseparability of reason and emotion (see Nussbaum 2013, 2001). When it comes to processes of moral judgment, social psychologists tell us that “emotion and cognition are best viewed as a set of processes ... so deeply intertwined that [they] cannot be captured within a simple dichotomy” (Helion and Pizarro 2015).

  5. 5.

    On February 23, 1815, a US patent “in looms” was issued to “F.C. Lovell and P.T. Jackson” of Boston (Commissioner of Patents 1872, p. 150). The Directory of American Tool and Machinery Patents (www.datamp.org) identifies this patent as patent number X2,271, and identifies its issuance date as February 21, 1815, rather than February 23. In 1836, a fire destroyed US Patent Office records, so patents issued before this time have not been completely recovered. The Patent Office only began assigning unique patent numbers in 1836.

  6. 6.

    Between 1790 and 1802, at least 5 patents were issued for distillery-related inventions. The fourth US patent was issued to Aaron Putnam for an “improvement in distilling” (Jan. 29, 1791). Thereafter, patents were issued to Joseph Simpson for an improvement in “distilling spirituous liquors” (Mar. 4, 1794); Alexander Anderson for his steam still (Sept. 2, 1794); Fitch Hall for a “combinn. of astringt. woods and vegetables, in distilling, &c” (Apr. 17, 1797); and Benjamin Henfrey for “increasing the surface of evaporation for the purpose of distilling” (Mar. 2, 1801) (Commissioner of Patents 1872, pp. 4, 8–9, 14, 24).

  7. 7.

    Between 1816 and 1821, 9 textile machine-related patents were issued to Paul Moody. This may represent only a portion of the total machine-related patents held by the Boston Manufacturing Company, since it is possible that patents were issued to other employees in the machine shop.

  8. 8.

    Francis Cabot Lowell had hoped to hire Perkins as his chief engineer, but his inventive needs were well-supplied by Paul Moody, Perkins’s former employee. Between 1795 and 1813, at least 14 patents were issued to Jacob Perkins, including 3 patents relating to pumps and mills. A patent for a water mill was dated June 26, 1913, and is numbered 1955X in the DATAMP database (see also Commissioner of Patents 1872, pp. 124, 127).

  9. 9.

    “Ginning” is the process whereby the husk and seeds are removed from the cotton plant; it was usually carried out at or near the plantation (see Marsden 1888, p. 74).

  10. 10.

    As remembered by Harriet Robinson (1898, pp. 68–69): “A woman was not supposed to be capable of spending her own or of using other people people’s money.... She was a ward, an appendage, a relict. Thus it happened, that if a woman did not choose to marry, or, when left a widow, to re-marry, she had no choice but to enter one of the few employments open to her, or to become a burden on the charity of some relative. In almost every New England home could be found one or more of these women, sometimes welcome, more often unwelcome, and leading joyless, and in many instances unsatisfactory, lives. The cotton factory was a great opening to these lonely and dependent women. From a condition approaching pauperism they were at once placed above want; they could earn money, and spend it as they pleased; and could gratify their tastes and desires without restraint, and without rendering an account to anybody. At last they had found a place in the universe; they were no longer obliged to finish out their faded lives mere burdens to male relatives.”

  11. 11.

    Between 1823 and 1825, a series of agreements between the Boston Manufacturing Company and the Merrimack Manufacturing Company at Lowell resulted in the transfer of all patents rights, and of the employees of the Waltham Machine Shop, to the Merrimack Company. Subsequently, the patents and machine shop operations were transferred to another Lowell company owned by the Merrimack shareholders: the Proprietors of the Locks and Canals on the Merrimack River (see Gibb 1950, pp. 55–70).

  12. 12.

    Speaking of New England machine shops generally, and of the Lowell machine shops in particular, Clark (1916, pp. 519–520) writes that “Inventors and owners of patents exercised a large control over the development of this industry.”

  13. 13.

    “The Waltham licensing agreements constitute an early example of a business technique which did much to hasten the industrial development of the country. The practice of selling manufacturing rights enabled small machine shops to get their machines produced in greater volume and over a wider area than would have been possible had they utilized only their own manufacturing facilities.... There is no evidence to show that the licensing of inventions to other manufacturers in the cotton textile industry was practiced on any significant scale before the time of the Boston Manufacturing Company. Widespread knowledge and use of Samuel Slater’s machinery in the 1790s came about as a result of actual theft of machine plans by workmen. The fact that two decades later Waltham machinery was made available to the industry largely through legitimate channels of sale and patent leasing indicates, not that Americans were becoming more scrupulous, but that patent rights and laws had now come to carry weight” (Gibb 1950, p. 44).

  14. 14.

    Regarding Joseph Story’s influence on American patent law, patent historian Frank Prager (1961, p. 264) wrote: “Even if more recent judges and legislators have modified the ideas of Story, such ideas are nevertheless present in the law. Some of them have in fact proven stronger than the written word of the statute.”

  15. 15.

    See Boston Manufacturing Company v. Fiske, 2 Mason 119 (C.C.D. Mass. 1820); Moody v. Fiske, 2 Mason 112 (C.C.D. Mass. 1820). The Moody v. Fiske case involved a nominal defeat, since the patent as specified was ruled to lack novelty and thus to be void. However, the ruling permitted Moody to withdraw his patent and obtain replacements that would address the specification problems. Moody did so, and obtained a verdict against the defendants the following year (see Khan 2005, p. 94; Commissioner of Patents 1872, at pp. 218, 223–224).

  16. 16.

    Taken together, the Millar and Donaldson decisions constituted the definitive legal determination that copyrights are a statutorily-established and temporally-limited type of legal property, recognized as such by English law (see Ford 2015; Stern 2012; Deazley 2004; cf. Gómez-Arostegui 2014). In the course of the legal debates, analogies were constantly drawn between patents and copyrights, so the implications of Millar and Donaldson extended to patents, as well, although their status as legal property would not be explicitly acknowledged for some time to come.

  17. 17.

    There are strong tones of irony and jest in this letter, which was written by an American citizen to a British friend shortly after the Revolution had been won.

  18. 18.

    According to the editor John Bigelow, this description appeared in a part of the manuscript written by Franklin around 1789, near the end of his life (Franklin 1868, p. 15).

  19. 19.

    This three-man committee consisted of Ralph Izard (South Carolina), James Madison (Virginia), and Hugh Williamson (North Carolina) (Journals of the American Congress, Vol. 4, 1823, p. 219; Bugbee 1967, pp. 113, 189).

  20. 20.

    The dates of the statutes are as follows: Connecticut (January 1783), Massachusetts (March 17, 1783), Maryland (April 1783), New Jersey (May 27, 1783), New Hampshire (November 7, 1783), Rhode Island (December 1783), Pennsylvania (March 15, 1784), South Carolina (March 26, 1784), Virginia (October 17, 1785), North Carolina (November 19, 1785), Georgia (February 3, 1786), New York (April 29, 1786) (Crawford 1975, p. 13; Library of Congress 1906).

  21. 21.

    Ledyard’s petition made no reference to a “natural right” of authors, emphasizing instead his need for legislative “patronage,” and the usefulness of his account to America and her “northern States by opening a most valuable trade across the north pacific Ocean to China & the east Indies” (Ledyard 1783, p. 3). Rather than simply granting the privilege, however, the Connecticut Assembly named a committee under Samuel Huntington to examine the petition and make a recommendation (Ledyard 1783, p. 3).

  22. 22.

    The very same day that Ledyard sent his request (January 6, 1783), 24-year-old Noah Webster sent a package of materials from Goshen, New York to John Canfield, a Connecticut attorney and assemblyman (Unger 1998, pp. 58–59; Webster 1953, pp. 3–4). This package of materials included a preliminary manuscript of Webster’s American Spelling Book, a primary-school textbook intended to provide basic instruction in reading, writing, and spelling to American children, and to replace the then-dominant British “spellers” that Webster believed were inadequate (see Unger 1998, pp. 33–58). Appended to the manuscript were letters of recommendation, including a brief letter from law instructor Tapping Reeve, whom Webster may have met while studying law in Litchfield, Connecticut—possibly through his Yale friend Oliver Wolcott, Jr., who studied law under Reeve (see Unger 1998, pp. 34–40; Webster 1793, p. vii). Also included was a letter to Canfield, which urged the assemblyman to “procure my request at the Assembly” (Webster 1953, p. 3). This “request” was for a special copyright enactment, which Webster had sought from the Connecticut Assembly the previous fall.

  23. 23.

    In this 1782 letter, Webster had described the Speller, particularly emphasizing its benefits to the “interest of literature and the honor and dignity of the American empire” (Webster 1953, p. 2). He had also emphasized his desire to “prevent spurious editions and … have the book under his own correction, and especially to secure to him the pecuniary advantages of his own productions to which he conceives himself solely entitled” (Webster 1953, p. 2). In his January 6 letter to John Canfield, Webster pressed the urgency of his request, asserting that financial constraints would not permit him to continue work on the Speller unless that work received the “encouragement” and “security” of copyright protection (Webster 1953, p. 3).

    Noah Webster’s “lobbying” efforts in the fall of 1782 and thereafter to secure copyright protection for his Speller have received considerable attention from legal and cultural historians (see Pelanda 2011; Bracha 2008; Bugbee 1967). The general consensus is that Webster’s contributions have been overemphasized; while his labors were significant in drawing attention to the national benefits of copyright protection, it goes too far to call him the “prime mover” of copyright, as his granddaughter did (see Ford 1912, p. 53; Webster 1843; compare Pelanda 2011; Bracha 2008; Bugbee 1967).

  24. 24.

    Smith (who would serve as President of Princeton College from 1795 to 1812) began a series of lectures on moral and political philosophy in 1795, and published them in 1812. In his jurisprudence lectures pertaining to the acquisition of property by “occupation” and labor, Smith wrote the following:

    Labor forms another, and still juster title to property. By it is intended any exertion of our talents, or any effort of industry, corporeal or mental, by which a thing is discovered that was not known before—fabricated that did not exist before—or receives, from some change in its form, an augmented value. The title acquired by this means is a necessary result of the natural right which every man possesses to the use of his own faculties, and the enjoyment of their fruits. The productions of a man’s ingenuity and skill are his property, which he may employ or dispose of for his own benefit (pp. 196–197)

    The influence of John Locke is evident in these lectures, and they clearly draw on Roman law and natural law traditions. For example, in the sentences following the quoted language, Smith drew on the category and principles of “accession” to address to the use of another’s materials in creative labor (p. 197).

  25. 25.

    “An application on this subject will be made at the next sessions of our legislature, and I have that opinion of the public spirit and natural equity of my countrymen, that I can hardly doubt its success.” (Connecticut Courant, Jan. 7, 1783). The January Session of the Assembly began on January 8 and went through February 8 (see The Public Records of the State of Connecticut for the Years 1783 and 1784 (Volume 5) (Leonard Labree ed. 1943).

  26. 26.

    Trumbull knew Barlow from his days as a Tutor at Yale, and probably met Webster after his return from Boston to New Haven in 1774 (see Cowie 1936, p. 208; Trumbull 1820, p. 15). As Tutor of Yale College during a very unsettled period, both in the history of the nation and in the history of that educational institution, John Trumbull had worked with Timothy Dwight to raise the pedagogical status of fine literature and literary work (see Trumbull 1820, pp. 12–15; see also Unger 1998, pp. 12–20). These efforts were advanced under the Presidency of Ezra Stiles, which commenced in 1777/1778 (see Unger 1998, pp. 28–32). Joel Barlow and Noah Webster were, in different ways, products of Yale’s new literary emphasis, determined to pursue literary vocations upon their graduation in 1778. While establishing his legal practice, Trumbull also established a relationship with the Hartford printer-publishing firm of Hudson and Goodwin, which printed his poem M’Fingal as well as the Connecticut Courant. In 1783, Hudson and Goodwin, with financial support from Trumbull, would publish Noah Webster’s Speller (see Unger 1998; Grasso 1995, p. 22).

  27. 27.

    “The whole [of M’Fingal] was finished, and the first edition published at Hartford, before the close of the year 1782. As no author, at that period, was entitled by law to the copyright of his productions, the work soon became the prey of every bookseller and printer, who chose to appropriate it to his own benefit. Among more than thirty different impressions, one only, at any subsequent time, was published with the permission, or even the knowledge of the writer; and the poem remained the property of newsmongers, hawkers, pedlars and petty chapmen” (Trumbull 1820, pp. 18–19).

  28. 28.

    (1) “The Honorable David Ramsey Esquire Registers a Work Called the History of the Revolution in South Carolina from a British Province to an Independent state between the years 1774 and 1783” (April 20, 1785); (2) Henry Osborne Registers an original Work Entitled ‘An English Grammar Adapted to the Capacities of Children’” (April 21, 1785); (3) “Noah Webster Registers an Original Work Entitled ‘An Institute of the English Language in three parts’” (June 30, 1785); (4) “Robert Squibb Registers a Work called ‘The Gardener’s Calendar for South Carolina, Georgia and North Carolina, Containing an account of Work necessary to be done….’” (February 5, 1787); (5) “Nicolas Pike of Newberry Port in the State of Massachusetts … Registers a Work intitled ‘A New and Complete System of arithmetic Composed for the Use of the Citizens of the United States” (February 14, 1787); (6) “The Honorable John Faucheraud Grimke Esqr Registers an original Work entitled ‘The South Carolina Justice of the Peace ...’” (October 11, 1788).

  29. 29.

    In 1790, the First United States Congress enacted Federal patent and copyright laws: An Act to promote the progress of the useful Arts (1 Stat. 109, April 10, 1790), and An Act for the encouragement of learning ... (1 Stat. 124, May 31, 1790).

References

  1. Acts and Laws of the State of Connecticut in America (1796). Hartford: Hudson & Goodwin.

  2. American Jurist & Law Magazine (1829). Manufacturing Corporations, 92–118.

  3. Ames, W. E. (1972). A history of the national intelligencer. Chapel Hill: University of North Carolina Press.

  4. An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned, 1 Stat. 124, (1790).

  5. An Act to promote the progress of useful Arts, 1 Stat. 109, (1790).

  6. Anonymous [John Trumbull] (1783). For the Connecticut Courant. Connecticut Courant, 1–2.

  7. Appleby, J. (2000). Inheriting the revolution: the first generation of Americans. Cambridge & London: Harvard University Press.

  8. Appleton, N. (1858). Introduction of the power loom and origin of Lowell. Lowell: Proprietors of the Locks and Canals on Merrimack River.

  9. Arendt, H. (1978). The life of the mind, volume 2: willing. New York: Harcourt Brace Jovanovich.

  10. Arendt, H. (1998). The human condition (2d ed.). Chicago: University of Chicago Press.

  11. Aron, R. (1968). Eighteen lectures on industrial society. Littlehampton Book Services Ltd..

  12. Baehr, P. (2002). Identifying the unprecedented: Hannah Arendt, totalitarianism, and the critique of sociology. American Sociological Review, 804–831.

  13. Baehr, P. (2005). Personal dilemma or intellectual influence? The Relationship Between Hannah Arendt and Max Weber. Max Weber Studies, 125–130.

  14. Baehr, P. (2010). Hannah Arendt, totalitarianism, and the social sciences. Stanford: Stanford University Press.

  15. Bagnall, W. R. (1893). The textile Industries of the United States. Cambridge: The Riverside Press.

  16. Barlow, Joel. Letter from Joel Barlow to the continental congress. Primary sources on copyright. 1783. www.copyrighthistory.org (accessed 2012).

  17. Beckert, J. (2009). The social order of markets. Theory and Society, 245–269.

  18. Beckert, J. (2013a). Capitalism as a system of expectations: toward a sociological Microfoundation of political economy. Politics & Society, 323–250.

  19. Beckert, J. (2013b). Imagined futures: fictional expectations in the economy. Theory and Society, 48(3), 219–240.

  20. Bell, D. (1999). The coming of post-industrial society. New York: Basic Books.

  21. Bellah, R. N. (2006). Introduction. In: The Robert Bellah reader, by Robert N. Bellah & Steven M. Tipton (eds.), 1–17. Durham: Duke University Press.

  22. Boston Manufacturing Company (1813–1874). Director & proprietor records. Baker Library Historical Collections, Harvard Business School, MSS 442.

  23. Bourdieu, P. (1985). The forms of capital. In: Handbook of theory and research for the sociology of education, by J.G. Richardson (ed.), 241–58. New York: Greenwood.

  24. Bracha, O. (2008). Commentary on the Connecticut copyright statute 1783. Primary sources on copyright. www.copyrighthistory.org.

  25. Brown, P. (2000). Augustine of hippo: a biography (New ed.). Berkeley: University of California Press.

  26. Brown, G. S. (2009). Incidental architect: William Thornton and the cultural life of early Washington, D.C., 1794–1828. Athens: Ohio University Press.

  27. Bugbee, B. W. (1967). The genesis of american patent and copyright law. Washington, D.C.: Public Affairs Press.

  28. Burt, R. S. (1992). Structural holes: the social structure of competition. Cambridge: Harvard University Press.

  29. Burt, R. S. (2004). Structural holes and good ideas. The American Journal of Sociology, 349–399.

  30. Burt, R. S. (2005). Brokerage and closure: an introduction to social capital. Oxford: Oxford University Press.

  31. Byers, S.C. (2006). The meaning of voluntas in Augustine. Augustinian Studies, 171–189.

  32. Byers, S. C. (2013). Perception, sensibility, and moral motivation in Augustine: a Stoic-platonic synthesis. Cambridge: Cambridge University Press.

  33. Campbell, J. (1999). Recovering Benjamin Franklin: an exploration of a life of science and service. Chicago: Open Court.

  34. Carruthers, B. G. (1996). City of capital: politics and markets in the english financial revolution. Princeton: Princeton University Press.

  35. Carruthers, B. G., & Ariovich, L. (2004). The sociology of property rights. Annual Review of Sociology, 23–46.

  36. Chalmers, G. (1814). Opinions of eminent lawyers on various points of English jurisprudence, chiefly concerning the colonies, fisheries, and commerce of great Britain. London: Reed and Hunter, Law Booksellers for Lincoln's Inn.

  37. Charters and General Laws of the Colony and Province of Massachusetts Bay (1814). Published by order of the general court. Boston: T.B. Wait & Co.

  38. Chignell, A. (2013). Rational hope, moral order, and the revolution of the will. In the divine order, the human order, and the order of nature: historical perspectives, by Eric Watkins (ed.), 197–218. Oxford: Oxford University Press.

  39. Chignell, A., & Newlands, S., Project Co-Directors (2016). The science of hope & optimism. Hope & Optimism Project Website, available at http://hopeoptimism.com/pages/funding-initiatives/the-science-of-hope-and-optimism (last accessed July 11, 2016).

  40. Chorev, N. (2012). Changing global norms through reactive diffusion: the case of intellectual property protection of AIDS drugs. American Sociological Review, 831–853.

  41. Clark, V. S. (1916). History of manufactures in the United States 1607–1860. Washington, D.C.: Carnegie Institution of Washington.

  42. Coleman, J.S. (1988a).Social capital in the creation of human capital. American Journal of Sociology, S95–S120.

  43. Coleman, J.S. (1988b). The creation and destruction of social capital: implications for the law. Notre Dame Journal of Law, Ethics, & Public Policy, 75–404.

  44. Commissioner of Patents (1872). A list of patents granted by the United States from April 10, 1790 to December 31, 1836 with an appendix containing Reports on the Condition of the Patent-Office in 1823, 1830, and 1831. Washington.

  45. Cowie, A. (1936). John Trumbull, Connecticut wit. Chapel Hill: University of North Carolina Press.

  46. Crafts, N. F. R. (1985). British economic growth during the industrial revolution. Oxford: Clarendon Press.

  47. Crawford, F. (1975). Pre-constitutional copyright statutes. Bulletin of the Copyright Society of the USA, 11–37.

  48. Curtis, G. T. (1893). Life of Daniel Webster. New York: D. Appleton & Company.

  49. Dalzell Jr., R. F. (1987). Enterprising elite: the Boston associates and the world they made. Cambridge: Harvard University Press.

  50. Deazley, R. (2004). On the origin of the right to copy: charting the movement of copyright law in eighteenth-century Britain (1695–1775). Oxford & Portland: Hart Publishing.

  51. Dobbin, F. (1994). Forging industrial policy: the United States, Britain, and France in the railway age. Cambridge: Cambridge University Press.

  52. Dobbin, F. (2009). Inventing equal opportunity. Princeton: Princeton University Press.

  53. Dobusch, L., & Quack, S. (2013). Framing standards, mobilizing users: copyright versus fair use in transnational regulation. Review of International Political Economy, 52–88.

  54. Donner, I. (1992). The copyright clause of the U.S. Constitution: why did the framers include it with unanimous approval? The American Journal of Legal History, 361–78.

  55. Durkheim, E. (1957). Professional ethics and civic morals. Edited by University of Istanbul (H.N. Kubali, Marcel Mauss & Istanbul Faculty of Law. London & New York: Routledge, (1898–1900).

  56. Eisler, B. (Ed.). (1977). The Lowell offering: writings by New England mill women (1840–1845). New York: W.W. Norton & Company, Inc..

  57. Felin, T. (2012). Sociology of intellectual property? Orgtheory.net. Wordpress.org.

  58. Fessenden, T. G. (1810). An essay on the law of patents for new inventions with an appendix, containing the french patent law, forms, etc. Boston: D. Mallory & Co..

  59. Fisk, C. L. (2009). Working knowledge: employee innovation and the rise of corporate intellectual property, 1800–1930. Chapel Hill: University of North Carolina Press.

  60. Fligstein, N. (1990). The transformation of corporate control. Cambridge: Harvard University Press.

  61. Fligstein, N. (2001). The architecture of markets. Princeton: Princeton University Press.

  62. Fligstein, N., & Dauter, L. (2007). The sociology of markets. Annual Review of Sociology, 105–128.

  63. Ford, E. E. F. (1912). Notes on the life of Noah Webster. Edited by Emily Ellsworth Ford Skeel. New York: Privately Printed.

  64. Ford, L.R. (2011). Semantic ordering as an organizing force: an interpretation of Max Weber's sociological theory of property. Max Weber Studies.

  65. Ford, L.R. (2014). Intellectual property: a study in the formulation and effects of legal culture. Dissertation Submittted for the Ph.D. in Sociology, Cornell University. Ithaca, May 25.

  66. Ford, L.R. (2015). Prerogative, nationalized: the social formation of intellectual property. Journal of the Patent & Trademark Office Society, 270–306.

  67. Ford, L.R. (2016). Patenting the social: Alice, abstraction, and functionalism in software patent claims. Cardozo Public Law, Policy, and Ethics Journal, 259–342.

  68. Franklin, B. (1818). The private correspondence of Benjamin Franklin, volume I. Edited by William temple Franklin. London: Henry Colburn.

  69. Franklin, B. (1868). Autobiography of Benjamin Franklin. Edited by John Bigelow. London: J.B. Lippincott & Co..

  70. Geertz, C. (1973a). Ethos, world view, and the analysis of sacred symbols. In: the interpretation of cultures: selected essays, by Clifford Geertz, 126–41. New York: Basic Books.

  71. Geertz, C. (1973b). Ideology as a cultural system. In: the interpretation of cultures: selected essays, by Clifford Geertz, 193–233. New York: Basic Books.

  72. Gephart, W. (2015). Law, culture, and society: Max Weber's comparative cultural sociology of law. Translated by Johannes Nanz. Frankfurt: Vittorio Klostermann Verlag.

  73. Gibb, G. S. (1950). The Saco-Lowell shops: textile machinery building in New England, 1813–1949. Cambridge: Harvard University Press.

  74. Gómez-Arostegui, H.T. (2014). Copyright at common law in 1774. Connecticut Law Review, 1–57.

  75. Granovetter, M. (1985). Economic action and social structure: The problem of Embeddedness. American Journal of Sociology, 481–510.

  76. Grasso, C. (1995). Print, poetry, and politics: John Trumbull and the transformation of public discourse in revolutionary America. Early American Literature, 5–31.

  77. Grasso, C. (1999). A speaking aristocracy. Chapel Hill: University of North Carolina Press.

  78. Greenspan, A. (2004). Remarks by chairman Alan Greenspan on intellectual property rights at the Stanford Institute for Economic Policy Research Economic Summit, Stanford, California. Federal Reserve Board Speech, given February, 27, 2004, available at http://www.federalreserve.gov/boarddocs/speeches/2004/200402272 last accessed July 11, 2016.

  79. Halliday, T. C., & Carruthers, B. G. (2007). The recursivity of law: global norm making and national lawmaking in the globalization of corporate insolvency regimes. American Journal of Sociology, 1135–1202.

  80. Halliday, T. C., & Carruthers, B. G. (2009). Bankrupt: Global lawmaking and systemic financial crisis. Stanford: Stanford University Press.

  81. Hedström, P., & Swedberg, R. (1998). Social mechanisms. In Social mechanisms: an analytical approach to social theory, by Peter Hedström & Richard Swedberg (eds.), 1–31. Cambridge: Cambridge University Press.

  82. Helion, C., & Pizarro, D. (2015). Beyond dual-processes: the interplay of reason and emotion in moral judgment. In Springer Handbook for Neuroethics, by N. Levy & J. Clausen (eds.), pp. 109–25. Springer.

  83. Hobsbawn, E. (1999). Industry and empire: the birth of the industrial revolution. London: Penguin.

  84. Howe, D. W. (2007). What hath god wrought: the transformation of America, 1815–1848. Oxford: Oxford University Press.

  85. Isaacson, W. (2004). Benjamin Franklin: an American life. New York: Simon & Schuster Articlebacks.

  86. Journals of the American Congress from 1774-1788, Volume 4. (1823).Washington: Way and Gideon.

  87. Kapczynski, A. (2008). The access to knowledge mobilization and the new politics of intellectual property. Yale Law Journal, 804–885.

  88. Ketcham, R. (1990). James Madison. Charlottesville: University Press of Virginia.

  89. Khan, B.Z. (1995). Property rights and patent litigation in early nineteenth-century American. The Journal of Economic History, 58–97.

  90. Khan, B.Z. The democratization of invention: patents and copyrights in American economic development, 1790–1920. Cambridge: Cambridge University Press, 2005.

  91. Krippner, G. (2011). Capitalizing on crisis: the political origins of the rise of finance. Cambridge: Harvard University Press.

  92. Krippner, G. R., & Alvarez, A. S. (2007). Embeddedness and the intellectual projects of economic sociology. Annual Review of Sociology, 219–240.

  93. Krippner, G. et al. (2004). Polanyi symposium: a conversation on embeddedness. Socio-Economic Review, 109–135.

  94. Lang, M. (2010). The anti-patent movement revisited: institutional change and cognitive frames in nineteenth century Germany. SSRN.

  95. Laws of the Commonwealth of Massachusetts, ch. 65. An act defining the general powers and duties of manufacturing corporations. March 3, 1809.

  96. Laws of the Commonwealth of Massachusetts, ch. 92. An act to incorporate the Boston Manufacturing Company. Feb. 23, 1813.

  97. Ledyard, J. (1783). Petition to His Excellency the Governor and the Honorable the General Assembly of the State of Connecticut. available at Primary Sources on Copyright (1450–1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org.

  98. Library of Congress (1906). Copyright enactments of the United States, 1783–1906. Edited by Thorvald Solberg. Washington: Government Printing Office, (2d ed. revised).

  99. Lin, N. (2002). Social capital: a theory of social structure and action. Cambridge: Cambridge University Press.

  100. Liu, S., & Halliday, T. C. (2009). Recursivity in legal change: Lawyers and reforms of China's criminal procedure law. Law & Social Inquiry, 911–950.

  101. Machlup, F. (1958). An economic review of the patent system. Senate judiciary committee report. Washington, D.C.: Government Printing Office.

  102. Machlup, F., & Penrose, E. (1950). The patent controversy in the nineteenth century. The Journal of Economic History, 1–29.

  103. MacIntyre, A. (1988). Whose justice? Which rationality? Notre Dame: University of Notre Dame Press.

  104. MacIntyre, A. (1999). Dependent rational animals. Chicago: Open Court.

  105. MacIntyre, A. (2007). After virtue (3d ed.). Notre Dame: University of Notre Dame Press.

  106. Malone, P. A. (2009). Waterpower in Lowell: engineering and industry in nineteenth-century America. Baltimore: Johns Hopkins University Press.

  107. Marsden, R. (1888). Cotton spinning: its development, principles, and practice. London: George Bell & Sons.

  108. Merges, R. P., et al. (2012). Intellectual property in the new technological age (6th ed.). New York: Wolters Kluwer.

  109. Merton, R.K. (1935). Fluctuations in the rate of industrial invention. The Quarterly Journal of Economics, 454–474.

  110. Meyer, D. R. (2006). Networked machinists: high-technology industries in Antebellum America. Baltimore: Johns Hopkins University Press.

  111. Miller, S. (1803). A brief retrospect of the eighteenth century, part first, in two volumes, containing a sketch of the revolutions and improvements in science, arts, and literature, during that period. Vol. II. New-York: T. and J. Swords.

  112. Mokyr, J. (2009a). Intellectual property rights, the industrial revolution, and the beginnings of modern economic growth. American Economic Review, 349–355.

  113. Mokyr, J. (2009b). The enlightened economy: an economic history of Britain 1700–1850. New Haven: Yale University Press.

  114. Moran, W. (2002). The belles of New England: the women of the textile Mills and the families whose wealth they wove. New York: St. Martins Press.

  115. Moser, P. (2005). How do patent Laws influence innovation? Evidence from nineteenth-century World's fairs. The American Economic Review, 1214–1236.

  116. Nettels, C. P. (1962). The emergence of a national economy 1775–1815. Armonk & London: M. E. Sharpe, Inc..

  117. Nolan, D.R. (1994). Sir William Blackstone and the New American republic: a study of intellectual impact. New York University Law Review, 731–768.

  118. Noll, M. A. (2002). America's god: from Jonathan Edwards to Abraham Lincoln. Oxford: Oxford University Press.

  119. North, D. C. (1981). Structure and change in economic history. New York: W.W. Norton.

  120. North, D. C., & Weingast, B. R. (1989). Constitutions and commitment: the evolution of institutions governing public choice in seventeenth-century England. The Journal of Economic History, 803–832.

  121. Nussbaum, M. C. (2001). Upheavals of thought: the intelligence of emotions. Cambridge: Cambridge University Press.

  122. Nussbaum, M. C. (2013). Political emotions: why love matters for justice. Cambridge: Harvard University Press.

  123. Parsons, F. (1922). The friendly club and other portraits. Hartford: Edwin Valentine Mitchell.

  124. Patterson, L.R. & Joyce, C. (2003). Copyright in 1791: an essay concerning the founders' view of the copyright power granted to congress. Emory Law Journal, 910–952.

  125. Pelanda, Brian Lee (2011). Declarations of cultural independence: the nationalistic imperative behind the passage of early american copyright laws, 1783–1787. Journal of the Copyright Society of the USA, 431–454.

  126. Perrow, C. (2005). Organizing America: wealth, power, and the origins of corporate capitalism. Princeton: Princeton University Press.

  127. Polanyi, K. (2001). The great transformation: the political and economic origins of our time. Boston: Beacon Press.

  128. Portes, A. (1998). Social capital: Its origins and applications in modern sociology. Annual Review of Sociology, 1–24.

  129. Powell, W. W., & Owen-Smith, J. (1998). Universities and the market for intellectual property in the life sciences. Journal of Policy Analysis and Management, 253–277.

  130. Powell, W. W., & Snellman, K. (2004). The knowledge economy. Annual Review of Sociology, 199–220.

  131. Prager, F.D. (1961). The Influence of Mr. Justice story on american patent law. The American Journal of Legal History, 254–264.

  132. Putnam, R. D. (2000). Bowling alone: the collapse and revival of American community. New York: Simon & Schuster.

  133. Rivard, P. E. (2002). A new order of things: How the textile industry transformed New England. Hanover & London: University Press of New England.

  134. Robinson, H. H. (1898). Loom and spindle, or life among the early mill girls. New York: Thomas Y. Crowell & Company.

  135. Rosenberg, C. M. (2011). The life and times of Francis Cabot Lowell, 1775–1817. Lanham: Lexington Books.

  136. Sewell, William H. Jr. (1992). A theory of structure: duality, agency, and transformation. The American Journal of Sociology, 1–29.

  137. Sewell Jr., W. H. (2005). Logics of history: social theory and social transformation. Chicago: University of Chicago Press.

  138. Smith, S.S. (1812). D.D., LL.D. Lectures corrected and improved. New York & Trenton: Whiting & Watson.

  139. Sorabji, R. (2000). Emotion and peace of mind: from Stoic agitation to Christian temptation. Oxford: Oxford University Press.

  140. Stearns, P. N. (2013). The Industral revolution in world history (fourth ed.). Boulder: Westview Press.

  141. Stern, S. (2012). From author's right to property right. University of Toronto Law Journal, 29–91.

  142. Story, J. (1987). Abridged commentaries on the constitution of the United States. Durham: Carolina Academic Press (1833).

  143. Streeck, W. (2012). How to study contemporary capitalism. European Archives of Sociology, 1–28.

  144. Suchman, M.C. (1989). Invention and ritual: notes on the interrelation of magic and intellectual property in preliterate societies. Columbia Law Review, 1264–1294.

  145. Suchman, M.C. (2003). The contract as social artifact. Law & Society Review, 91–142.

  146. Swedberg, R. (2003). Principles of economic sociology. Princeton: Princeton University Press.

  147. Swedberg, R. (2006). Max Weber's contribution to the economic sociology of law. Annual Review of Law & Social Science, 61–81.

  148. Swedberg, R. (2007). The sociological study of hope and the economy: introductory remarks. Unpublished manuscript.

  149. Swedberg, R. (2009). Tocqueville's political economy. Princeton: Princeton University Press.

  150. The South Carolina Historical and Genealogical Magazine (1908). Historical notes. January 55–58.

  151. Thompson, E.P. The making of the English working class. Vintage, 1966.

  152. Thornton, W. To the citizens of the United States. The National Intelligencer. March 5, 1811.

  153. Toynbee, A. (1956). The industrial revolution. Boston: The Beacon Press.

  154. Trumbull, J. (1820). Memoir of the author. In the poetical works of John Trumbull, by John Trumbull, 7–22. Hartford: Samuel G. Goodrich.

  155. Unger, H. G. (1998). The life and times of an American patriot. New York: John Wiley & Sons, Inc..

  156. Uzzi, B. (1996). The sources and consequences of Embeddedness for the economic performance of organizations: the network effect. American Sociological Review, 674–698.

  157. Uzzi, B. (1999). Embeddedness in the making of financial capital: how social relations and networks benefit firms seeking financing. American Sociological Review, 481–505.

  158. Walsh, P. (2015). Arendt contra sociology: theory, society and its science. London: Routledge.

  159. Weber, M. (1967). Max Weber on law in economy and society. In M. Rheinstein (Ed.), Translated by Edward Shils & Max Rheinstein. New York: Simon & Schuster [1922].

  160. Weber, M. (1978). Economy and society. Berkeley & Los Angeles: University of California Press (1922).

  161. Webster, N. (1793). The American spelling book: containing an easy standard of pronunciation, being the first part of a grammatical Institute of the English Language. Boston: Thomas & Andrews (7th ed.)

  162. Webster, N. (1843). Origin of the copy-right Laws in the United States. In a collection of articles on political, literary, and moral subjects, by Noah Webster, 173–78. New York: Webster & Clark.

  163. Webster, N. (1953). Letters of Noah Webster. Edited by Harry R. Warfel. New York: Library Publishers.

  164. Webster, Noah. Memoir of Noah Webster, LL.D. In: The autobiographies of Noah Webster, by Richard M. Rollins (ed.), 127–86. Columbia: University of South Carolina Press, 1989.

  165. Weil, S. (1952). The need for roots. London: Routledge.

  166. Weil, F. (1998). Capitalism and Industrialization in New England, 1815–1845. Journal of American History, 1334–1354.

  167. Wolterstorff, N. (2012). Augustine's rejection of eudaimonism. In Augustine's City of god: a critical guide, by James Wetzel (ed.), pp. 149–66. Cambridge: Cambridge University Press.

  168. Wood, G. S. (2009). Empire of liberty: a history of the early republic, 1789–1815. Oxford: Oxford University Press.

Download references

Acknowledgements

I would like to thank two Theory and Society reviewers for very helpful and thoughtful comments, which contributed to substantive and (I hope) improving revisions. I am also very grateful to the Editors of Theory and Society, for creating a space in which an article such as this one can be published. For helpful conversations in which the ideas presented in this article were developed and reworked, I wish to especially thank Mark Bartholomew, Guyora Binder, Michael Halberstam, Errol Meidinger, and Richard Swedberg.

Author information

Correspondence to Laura R. Ford.

Rights and permissions

Reprints and Permissions

About this article

Verify currency and authenticity via CrossMark

Cite this article

Ford, L.R. Intellectual property and industrialization: legalizing hope in economic growth. Theor Soc 46, 57–93 (2017) doi:10.1007/s11186-017-9285-3

Download citation

Keywords

  • Economic growth
  • Hope
  • Industrialization
  • Innovation
  • Intellectual property law
  • Political culture