The Emergence of “Modern” Ownership Rights Rather than Property Rights

There are a number of analytical conundrums in the neo-classical theory of the emergence of private ownership rights, which is closely associated with Demsetz’s works. Reconsidering the internal logic of private ownership rights, the paper argues that, first, the emergence of “modern” private ownership rights should be the subject of analysis rather than ownership rights per se. Second, at least for some latecomer countries, modern ownership rights typically emerge when feudalistic multi-layered proprietary rights over land are abolished and replaced by ownership rights for the purpose of ensuring tax revenue, prompted by pressure from and/or the intrusion of a colonial power, rather than as an efficient response to changes in resource prices. Third, the socio-economic aspect of ownership rights that related to the manner of social formation tended to be concealed in the universal aspect of private property rights that focuses on the materialistic relation between a person and a thing. These arguments urge the bringing of social relations into the basic layer of analysis of ownership rights theory, as the original institutional economists such as Ely and Commons considered.