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Judicial System and Property Rights
[Droits de propriété et système judiciaire]

Author

Listed:
  • Christian Barrère

    (OMI - Organisation Marchandes et Institutions - URCA - Université de Reims Champagne-Ardenne)

Abstract

Property rights (PRs) constitute a system that defines relative rights with respect to the utilisation of scarce resources, that is to say somebody's rights in relation to the rights of anybody else. As law is inefficient without law enforcement it cannot work without a judicial system. The judicial system enforces PRs by monopolising the power of constraint that obliges everyone to accept the PR distribution and its consequences. But the judicial system plays other roles in the application of property rights. In particular, it specifies the conditions of use of property rights when there are different interpretations and when opposite claims are advanced. Hence we study the judicial system as a system of legitimate interpretation and distribution of the concrete effects of PRs in a social context.This applies to the three functions concerning the judicial system: (i) PR enforcement, (ii) PR interpretation and (iii) PR specification.

Suggested Citation

  • Christian Barrère, 2004. "Judicial System and Property Rights [Droits de propriété et système judiciaire]," Post-Print hal-05335597, HAL.
    • Handle: RePEc:hal:journl:hal-05335597
    DOI: 10.4337/9781845421540.00015
    Note: View the original document on HAL open archive server: https://hal.science/hal-05335597v1
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    References listed on IDEAS

    as
    1. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    2. Samuels, Warren J, 1971. "Interrelations Between Legal and Economic Processes," Journal of Law and Economics, University of Chicago Press, vol. 14(2), pages 435-450, October.
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