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property rights. One model (the exclusion approach) is to control owners' decisions indirectly, through markets. Another model …
Persistent link: https://www.econbiz.de/10009293448
Many modern writers have criticized the notion that property consists of a bundle of rights in some determinate thing … as a weak conception that invites increased government control over private property, especially real estate. This … article rejects that conception for the following reasons. First, the notion of property as a bundle of rights long antedates …
Persistent link: https://www.econbiz.de/10009293449
The phrase "bundle of rights" does not serve as an accurate conceptual definition of property. Nor has that phrase … economic scholarship. Coase's usage portrays property rights as a collection of individualized permissions to use an asset …, when in sound conceptual usage "property" signifies a domain of authority to decide how to use the asset. The "bundle …
Persistent link: https://www.econbiz.de/10009293450
For nearly a century, most persons who have studied or written about property have conceived of it as a bundle of … whether property should be thought of as a bundle at all. The impact of their work is reflected in Merrill and Smith (2007), a … property is centrally a right to exclude and is generally held _in rem_, that is, is good against all the world. They find …
Persistent link: https://www.econbiz.de/10009293451
This essay contrasts the bundle-of-rights picture of property unfavorably with an architectural or modular approach …. The bundle is a legacy of Legal Realism and wrongly obscures the costs of delineating property. The bundle treats property … architectural approach emphasizes the distinction between our interests in using things and the legal interests property law defines …
Persistent link: https://www.econbiz.de/10009293452
This essay explores an emerging issue in the criticism of the "bundle" conception of property: whether embracing the … right to exclude as the core of property is sufficiently determinate to avoid the same disintegrating effects as the bundle … conception of property." It is initially alluring as a solution to the problems caused by the bundle conception, but this is a …
Persistent link: https://www.econbiz.de/10009293453
Viewing property rights as a "bundle of sticks" can be descriptively clarifying because the law commonly entitles an … decomposition of property rights, and also encourages lawmakers to support the excessive splintering of entitlements. These concerns … are well-grounded. More controversial are Merrill and Smith's inclinations to equate private property with property …
Persistent link: https://www.econbiz.de/10009293454
This piece is the Prologue to an _Econ Journal Watch_ symposium entitled, _Property: A Bundle of Rights?_ This Prologue … formulation Stephen R. Munzer and Richard A. Epstein; and the renowned property scholar Robert C. Ellickson, who takes a middle …
Persistent link: https://www.econbiz.de/10009293455
The "Bundle of Rights" picture of property purports to explain the facilitative aspect of the powers that go with … ownership by treating potential property interests that an owner may _confer_ as pre-existing rights that an owner may _transfer …
Persistent link: https://www.econbiz.de/10009293456
The "bundle of rights" metaphor has framed several important questions about property, including questions in … answering any of these questions. A better metaphor is that of a prism. Property is an institution that takes on a different … coloration from different angles, each corresponding to a different audience. For the audience of strangers, property reflects a …
Persistent link: https://www.econbiz.de/10009293457