The Meaning of Property Rights: Law versus Economics?

@article{Cole2002TheMO,
  title={The Meaning of Property Rights: Law versus Economics?},
  author={Daniel H. Cole and Peter Z. Grossman},
  journal={Land Economics},
  year={2002},
  volume={78},
  pages={317 - 330}
}
Property rights are fundamental to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary… 

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References

SHOWING 1-10 OF 49 REFERENCES
Toward a Theory of Property Rights
When a transaction is concluded in the marketplace, two bundles of property rights are exchanged. A bundle of rights often attaches to a physical commodity or service, but it is the value of the
The idea of property in law
Of importance for both philosophers and legal theorists interested in the nature of property, this book vindicates the commonsense idea that the right to property is a right to things. Distinguishing
Free markets and social justice
The newest work from one of the most pre-eminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social
Property, Utility, and Fairness: Comments on the Ethical Foundations of "Just Compensation" Law
The courts have developed a bewildering array of rules for determining when the government must compensate people for economic losses its programs have caused them. Professor Michelman investigates
A Theory of Property
1. Property and justification Part I. Property Rights and Personal Rights: 2. Understanding property 3. Persons and their bodies 4. Body rights and the constitution Part II. From Individuals to
Rights and law analysis and theory
Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward
Environment and Economy: Property Rights and Public Policy
Property, rights, and property rights property rights and property regimes in natural resource policy entitlements by property rules, liability rules, and inalienability rules property rights and
Property and Justice
Property is a legal and social institution governing the use of most things and the allocation of some items of social welfare. As an institution, property is a complex organizing idea. Despite its
Economic Analysis of Law: Some Realism About Nominalism
Arthur Allen Leff* W ITH the publication of Richard A. Posner's Economic Analysis of Law, that field of learning known as "Law and Economics" has reached a stage of extended explicitness that
MIGHT MAKES RIGHTS: A THEORY OF THE FORMATION AND INITIAL DISTRIBUTION OF PROPERTY RIGHTS
This paper is a theoretical and empirical investigation into the formation and initial distribution of property rights. Violence is singled out as a major constraint on this formation process. Its
...
1
2
3
4
5
...