In this chapter, I argue that the formation of intellectual property was enabled by a cultural transformation, involving the embrace of natural legality, a transformation that parallels, in significant respects, the Christianization of imperial Rome. In this cultural transformation, traditions of Roman law were rediscovered as a naturalistic foundation for sociability and national economic life. The commodification of human creativity and inventive discovery, through intellectual property rights, made sense, within the culture of natural legality, as a justified response to natural, but extraordinary, powers of human creativity, and became part of a broader strategy for national empowerment. The combination of Roman law with interpretations of Christian obligation that emphasized natural sociability and legality gave new form to a natural rights tradition, one that providing legitimating foundations for the recognition of intellectual property under principles of English common law. The chapter concludes with a focus on the U.S. constitutional convention of 1787, and the embrace of intellectual property as part of the constitutional framework for a powerful, national state.

Historians have recognized parallels between the temporalized chain of being and early ideas about human progress, both being seen as the ascent of a linear scale of development towards a predetermined goal. But the sequence of developmental stages postulated by social thinkers could be defined in different ways depending on whether the goal was a spiritual one (paradise) or a more utilitarian vision of a perfectly ordered society guaranteeing happiness for all (utopia). This chapter outlines the emergence of the more spiritual approach, noting its origins in Christian millenarianism and the hope that Christ's message would eventually lead humanity to regain the state of perfection it enjoyed before the Fall. Eighteenth-century advocates of social progress such as Joseph Priestley saw it as a process of spiritual evolution, a view developed further by liberal Christian thinkers in the following century. Idealist philosophers such as Hegel also defined history in terms of humanity's ascent of a spiritual scale, although their later followers over-simplified the message. There were speculations about the nature of the future society which would give full rein to our spiritual nature.