The Evolution of Private and Open Access Property

28 Pages Posted: 11 Mar 2009 Last revised: 29 Jul 2009

See all articles by Abraham Bell

Abraham Bell

Bar Ilan University - Faculty of Law; University of San Diego School of Law

Gideon Parchomovsky

University of Pennsylvania Law School

Date Written: 2008

Abstract

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.

Keywords: property, evolution of property, Demsetz, dimensions of property, property rights

JEL Classification: D2, K11

Suggested Citation

Bell, Abraham and Parchomovsky, Gideon, The Evolution of Private and Open Access Property (2008). 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. Available at SSRN: https://ssrn.com/abstract=1356742

Abraham Bell (Contact Author)

Bar Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

HOME PAGE: http://law.biu.ac.il/English/segelE.php#

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

Gideon Parchomovsky

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-898-1603 (Phone)

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