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Property And Persuasion: Essays On The History, Theory, And Rhetoric Of Ownership
Introduction: Approaching Property Initial Persuasions: Talk About Property Possession as the Origin of Property Property as Storytelling: Perspectives from Game Theory, Narrative Theory, Feminist
Possession as the Origin of Property
How do things come to be owned? This is a fundamental puzzle for anyone who thinks about property. One buys things from other owners, to be sure, but how did the other owners get those things? Any
Canons of Property Talk, or, Blackstone's Anxiety
The author of this statement, of course, was William Blackstone, who made it early in the second volume of his weighty and influential Commentaries on the Laws of England, at the point where he
Romans, Roads, and Romantic Creators: Traditions of Public Property in the Information Age
What arguments make a case for the public domain in intellectual achievements? The arguments for private property in intellectual matters are rather thinner than the corresponding arguments for
The Shadow of The Cathedral
One View of the Cathedral1 is now so much a part of the legal canon that it is widely known simply by the joined names of its two authors, "Calabresi and Melamed." In turn, "Calabresi and Melamed"
Coming to Terms with Terminology: Evaluating Law Reform
The proliferation of "law reform" litigation over the last two decades confirms again Tocqueville's famous comment on our national character: There is scarcely a political issue that we neglect to
Energy and Efficiency in the Realignment of Common-Law Water Rights
  • Carol M. Rose
  • History, Economics
    The Journal of Legal Studies
  • 1 June 1990
THIS article is about two stories. The first is a theoretical story about the evolution of property rights generally. The second is a historical story about property rights specifically in water and
Crystals and Mud in Property Law
Property law, and especially the common law of property, has always been heavily laden with hard-edged doctrines that tell everyone exactly where they stand. Default on paying your loan installments?
The Comedy of the Commons: Commerce, Custom, and Inherently Public Property
The right to exclude others has often been cited as the most important characteristic of private property.' This right, it is said, makes private property fruitful by enabling owners to capture the