Wednesday, October 24, 2012
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted Why Philosophers, Social Scientists, and Lawyers Think Differently about Property Rights. The abstract:
is a powerful concept. It features prominently in academic and public
discourse. But it is also a source of ongoing confusion. While some of
this disarray may be attributed to the success of “disintegrative”
normative agendas, much of it is the result of a methodological and
conceptual disconnect both within and among different fields of study.
Aimed at narrowing this gap, this Article analyzes the transformation of
property from a moral and social concept into a legal construct. It
seeks not to develop a historical or intellectual account of such an
evolution, but to analyze the institutional and structural features of
property once it is incorporated into the legal realm.
The Article identifies the unique jurisprudential ingredients of a system of rules by which society allocates, governs, and enforces rights and duties among persons in relation to resources. It examines the work of decision-making institutions entrusted with the task of designing property norms over time. Clarifying the institutional and structural attributes of property does not require, however, adhering to a uniform body of substantive norms or to a single set of underlying values. Illuminating the construction of property allows rather for a better informed debate about the socially-desirable content of property rights.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- March 4-6: Stanford 2015 Rural West Conference: Preservation and Transformation: The Future of the Rural West
- March 3 - J.B. Ruhl to deliver Boehl Distinguished Lecture in Land Use Policy at U Louisville Law
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs
- Two upcoming RMMLF events: 61st Annual Institute (July 16-18 in Anchorage) and 17th Institute for Natural Resources Law Teachers (May 27-29 at Utah Law)
- First Principles for Regulating the Sharing Economy