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Psychologies of Property (and Why Property is Not a Hawk-Dove Game)

The Philosophical Foundations of Property Law, J. E. Penner and H. E. Smith, eds., Oxford University Press, 2013

Arizona Legal Studies Discussion Paper No. 13-20

32 Pages Posted: 2 Apr 2013  

Carol M. Rose

University of Arizona - James E. Rogers College of Law

Date Written: March 31, 2013

Abstract

This paper discusses the psychological states associated with various theories of property. Many theories view property from the psychological perspective of the owner, describing how property enables an owner to create or present a self to the world, to enjoy a zone of liberty, to acquire the confidence to participate in politics or economic activities, among other matters. This paper, however, takes particular interest in the psychological states associated with the non-owner — the person who confronts the property of others. Some theorists have described property as a “hawk/dove” or “chicken” game, in which the non-owner takes a dove role, implicitly from fear. This paper argues, however, that the non-owner’s respect for property cannot be explained adequately by fear. Respect for the property of others emerges as a somewhat mysterious psychological state from the point of view of rational actors, but it is nevertheless critical for supporting the institution of property.

Keywords: property, owners vs. nonowners, psychology of property, hawk-dove games, respect for rights

JEL Classification: K11, K1, K10

Suggested Citation

Rose, Carol M., Psychologies of Property (and Why Property is Not a Hawk-Dove Game) (March 31, 2013). The Philosophical Foundations of Property Law, J. E. Penner and H. E. Smith, eds., Oxford University Press, 2013; Arizona Legal Studies Discussion Paper No. 13-20. Available at SSRN: https://ssrn.com/abstract=2242970

Carol Marguerite Rose (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-621-5544 (Phone)
520-621-9140 (Fax)

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