Abstract
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)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 68,944
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Intrinsic Limitations of Property Rights.J. M. Elegido - 1995 - Journal of Business Ethics 14 (5):411 - 416.
Property Rights and Preservationist Duties.Robert E. Goodin - 1990 - Inquiry: An Interdisciplinary Journal of Philosophy 33 (4):401 – 432.
Self-Ownership.Peter Vallentyne - 2001 - In Laurence Becker & Charlotte Becker (eds.), Encyclopedia of Ethics, 2nd edition. Garland Publishing.
Liberalism and Intellectual Property Rights.Hugh Breakey - 2009 - Politics, Philosophy and Economics 8 (3):329-349.
Corporate Property Rights.Larry May - 1986 - Journal of Business Ethics 5 (3):225 - 232.

Analytics

Added to PP index
2009-01-28

Total views
18 ( #604,867 of 2,498,025 )

Recent downloads (6 months)
1 ( #428,301 of 2,498,025 )

How can I increase my downloads?

Downloads

My notes