Property: A Bundle of Rights? Prologue to the Property Symposium
AbstractThis piece is the Prologue to an _Econ Journal Watch_ symposium entitled, _Property: A Bundle of Rights?_ This Prologue was written to prompt the invited scholars to expound their own criticisms of the bundle-of-rights view, or, as the case may be, to address criticisms out there. The Prologue is written from a staunch yet pragmatic classical liberal perspective. It frames a number of issues, provides a series of quotations, and asks a number of questions intended to prompt the symposium participants. The symposium participants include leading critics of the bundle formulation James E. Penner, Thomas W. Merrill, and Henry E. Smith; younger critics Larissa Katz, Eric R. Claeys, and Adam Mossoff; eminent defenders of the bundle formulation Stephen R. Munzer and Richard A. Epstein; and the renowned property scholar Robert C. Ellickson, who takes a middle position.
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Bibliographic InfoArticle provided by Econ Journal Watch in its journal Econ Journal Watch.
Volume (Year): 8 (2011)
Issue (Month): 3 (September)
Property; bundle of rights; exclusion; ownership; legal realism; law and economics;
Find related papers by JEL classification:
- A1 - General Economics and Teaching - - General Economics
- K00 - Law and Economics - - General - - - General (including Data Sources and Description)
- K1 - Law and Economics - - Basic Areas of Law
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- Eric R. Claeys, 2011. "Bundle-of-Sticks Notions in Legal and Economic Scholarship," Econ Journal Watch, Econ Journal Watch, vol. 8(3), pages 205-214, September.
- Richard A. Epstein, 2011. "Bundle-of-Rights Theory as a Bulwark Against Statist Conceptions of Private Property," Econ Journal Watch, Econ Journal Watch, vol. 8(3), pages 223-235, September.
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