David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. The paper demonstrates how the shift to a multilateral, appropriability-based analysis allows for a fuller account of what must be the "core" or "baseline" of property rights. Using this account, the paper offers an evaluation of the relationship between such "core" rights and other types of rights traditionally associated with property doctrine, such as rights that have historically been granted to owners under the guise of property rights, contractual rights vis-a-vis third parties and constitutional rights against the public at large.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Jeremy Waldron (1990). The Right to Private Property. Clarendon Press.
J. M. Elegido (1995). Intrinsic Limitations of Property Rights. Journal of Business Ethics 14 (5):411 - 416.
Rowan Cruft (2006). Against Individualistic Justifications of Property Rights. Utilitas 18 (2):154-172.
Robert E. Goodin (1990). Property Rights and Preservationist Duties. Inquiry 33 (4):401 – 432.
Peter Vallentyne (2001). Self-Ownership. In Laurence Becker & Charlotte Becker (eds.), Encyclopedia of Ethics, 2nd edition. Garland Publishing.
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Barry Smith & Leo Zaibert (2001). The Metaphysics of Real Estate. Topoi 20 (2):161-172.
Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
Larry May (1986). Corporate Property Rights. Journal of Business Ethics 5 (3):225 - 232.
Added to index2009-01-28
Total downloads5 ( #256,056 of 1,410,137 )
Recent downloads (6 months)0
How can I increase my downloads?