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Is Law Unbounded? Property Rights and Control of Social Groupings

30 Pages Posted: 26 Nov 2009 Last revised: 24 May 2010

Amnon Lehavi

Interdisciplinary Center Herzliyah - Radzyner School of Law

Date Written: May 24, 2010

Abstract

This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in metropolitan areas. The model is based on a property rights regime of “alienable entitlements,” as articulated by Lee Anne Fennell in The Unbounded Home (2009). The essay frames this model as promoting a groundbreaking approach to the fundamental quandary over the role of law as a tool for broad-based social change, and asks if legal rules can fully absorb the multiple types of societal effects that influence the nature of contemporary homeownership. It assesses the normative desirability and practical feasibility of controlling social exclusion through property rights.

Keywords: property, housing, land, metropolitan areas, segregation, exclusion, entitlements, law and economics, law and society, externality, constitutional law, public law, private law, Brown, fair housing, social change, causality, jurisprudence, community, game theory, options, local government, bargaining

JEL Classification: C70, D10, H71, J6, K00, K11, R1, R2, R31, R51

Suggested Citation

Lehavi, Amnon, Is Law Unbounded? Property Rights and Control of Social Groupings (May 24, 2010). Law of Social Inquiry, Vol. 35, p. 517, 2010. Available at SSRN: https://ssrn.com/abstract=1511942

Amnon Lehavi (Contact Author)

Interdisciplinary Center Herzliyah - Radzyner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel
972 9 9602765 (Phone)
972 9 9568605 (Fax)

HOME PAGE: http://www.idc.ac.il

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