The Commons And The Anticommons In The Law And Theory Of Property
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The Commons And The Anticommons In The Law And Theory Of Property
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Author : Stephen R. Munzer
language : en
Publisher:
Release Date : 2005
The Commons And The Anticommons In The Law And Theory Of Property written by Stephen R. Munzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Recent work on the commons and the anticommons is novel and promising. Briefly, a commons is a resource which all have a liberty-right to use, from which no one has a normative power to exclude others, and which no one has a duty to refrain from exploiting. By contrast, an anticommons is, preliminarily, a resource from which each person has a normative power to exclude others and which no one has a liberty-right to use without the permission of others. This article explains how commons and anticommons analysis illuminates property law as well as property theory, shows why the analysis is novel, explores some further developments of the analysis, and ventures a critical appraisal of it. Although Buchanan and Yoon identify economic symmetries between the common and the anticommons, no general combined legal and philosophical examination of them yet exists, which is what this article provides. Prominent figures in the literature include Hardin, Heller, Dagan, Merrill, H. Smith, and Frantz. The article assesses their work and that of others. Neither all commons nor all anticommons are tragic. The commons and the anticommons, as extremes on a spectrum, illuminate the boundaries of private property. Yet anticommons analysis helps only modestly with governmental takings of private property and the numerus clausus principle. The further account of the liberal commons by Dagan and Heller runs into general difficulties and its extension to marital property encounters pitfalls. The next several decades will reveal much about the intellectual staying power of work in these areas. For the moment, it suffices to be grateful for work, much of it published within the last seven years, that pushes forward speculation about the theory of property and helps to solve real-world problems in property law.
Commons And Anticommons
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Author : Michael Heller
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009
Commons And Anticommons written by Michael Heller and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
This two-volume collection brings together the most important articles on the tragedies of the commons and anticommons. The first volume presents the bedrock articles that define commons and anticommons theory, from Aristotle to the present. The second volume continues with cutting edge property theory and applications. A judicious selection of articles shows how commons and anticommons metaphors inform current debates at the innovation frontier, ranging from patent thickets to broadcast spectrum licensing. In this extensive introduction, Michael Heller contextualizes the selected papers and provides scholars and policy-makers with an entry point into this rapidly evolving field.
Research Handbook On The Economics Of Property Law
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Author : Kenneth Ayotte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Research Handbook On The Economics Of Property Law written by Kenneth Ayotte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.
Commons And Anticommons
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Author : Michael Heller
language : en
Publisher:
Release Date : 2009
Commons And Anticommons written by Michael Heller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
Property Rights Dynamics
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Author : Donatella Porrini
language : en
Publisher: Routledge
Release Date : 2009
Property Rights Dynamics written by Donatella Porrini and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues. There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.
The Oxford Handbook Of Legal Studies
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Author : Peter Cane
language : en
Publisher: Oxford University Press, USA
Release Date : 2005
The Oxford Handbook Of Legal Studies written by Peter Cane and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.
Property Law And Economics
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Author : Boudewijn Bouckaert
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Property Law And Economics written by Boudewijn Bouckaert and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Commons Anticommons Semicommons
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Author : Lee Anne Fennell
language : en
Publisher:
Release Date : 2009
Commons Anticommons Semicommons written by Lee Anne Fennell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Commons categories.
... offers a brief introduction to the commons, anticommons, and semicommons models and shows how the three fit together in a unified theoretical framework. I suggest that each of these templates is best understood as a lens for apprehending a single core, challenging fact about resource systems -- their need to accommodate multiple uses that are most efficiently pursued at different scales, whether simultaneously or over time.
The Blackwell Guide To The Philosophy Of Law And Legal Theory
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Author : Martin P. Golding
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15
The Blackwell Guide To The Philosophy Of Law And Legal Theory written by Martin P. Golding and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-15 with Philosophy categories.
The Blackwell Guide to the Philosophy of Law and Legal Theory is a handy guide to the state of play in contemporary philosophy of law and legal theory. Comprises 23 essays critical essays on the central themes and issues of the philosophy of law today, written by an international assembly of distinguished philosophers and legal theorists Each essay incorporates essential background material on the history and logic of the topic, as well as advancing the arguments Represents a wide variety of perspectives on current legal theory
New Essays In The Legal And Political Theory Of Property
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Author : Stephen R. Munzer
language : en
Publisher: Cambridge University Press
Release Date : 2001-06-18
New Essays In The Legal And Political Theory Of Property written by Stephen R. Munzer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-06-18 with Business & Economics categories.
This collection of essays examines central issues of property theory from a variety of perspectives.