The Evolution of Private and Open Access Property
University of San Diego School of Law; Bar Ilan University - Faculty of Law
University of Pennsylvania Law School; Bar Ilan University - Faculty of Law
Theoretical Inquiries in Law, Vol. 10, p. 77, 2008
Bar Ilan Univ. Pub Law Working Paper No. 05-09
U of Penn Law School, Public Law Research Paper No. 09-19
In this Article we explore the evolution of property law and examine the applicability of the prevailing accounts according to which property institutions oscillate between the extreme points of open access and private property. We show that the evolution of property is a much more nuanced process, shaped by the interplay of the following three dimensions: number of owners, extent of dominion and asset configuration. Accordingly, property institutions can assume a myriad of positions along the aforementioned dimensions in response to the constant change in exclusion and management costs. We demonstrate our theory by discussing examples of three dimensional adjustments of real, personal and intellectual property.
Number of Pages in PDF File: 28
Keywords: property, evolution of property, Demsetz, dimensions of property, property rights
JEL Classification: D2, K11Accepted Paper Series
Date posted: March 11, 2009 ; Last revised: July 29, 2009
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