property rights. One model (the exclusion approach) is to control owners' decisions indirectly, through markets. Another model … (the bundle-of-rights approach) is to regulate owners' decisions directly, by setting out specifically what they can or …

Many modern writers have criticized the notion that property consists of a bundle of rights in some determinate thing … article rejects that conception for the following reasons. First, the notion of property as a bundle of rights long antedates … the Progressive era, when it lay at the center of both Roman and common law views of property. Second, the bundle-of-rights …

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 …

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 … as too unstructured, its constituent rights as too separable, and its features as too divisible. By contrast, the …

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 …

This piece is the Prologue to an _Econ Journal Watch_ symposium entitled, _Property: A Bundle of Rights?_ This Prologue … was written to prompt the invited scholars to expound their own criticisms of the bundle-of-rights view, or, as the case … formulation Stephen R. Munzer and Richard A. Epstein; and the renowned property scholar Robert C. Ellickson, who takes a middle …

The "bundle of rights" metaphor has framed several important questions about property, including questions in … simple rule of exclusion. For other audiences, property reflects more complex rules or forms, as befits the smaller numbers … answering any of these questions. A better metaphor is that of a prism. Property is an institution that takes on a different …

exclude functions in practice--what they call an "exclusion strategy"--cannot account for the substantial majority of property … concerning the use, possession and disposition of property rights. Although Merrill and Smith claim that such doctrines are … majority of property cases, including many trespass cases. Although trespass is supposed to represent the exclusion strategy …

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 … attention away from the difficult conceptual issue regarding the transfer of rights. …

The definition of property in terms of a bundle of rights lies at the heart of a powerful legal doctrine, whose … property as a bundle of rights has gradually become a new ?orthodoxy? taught in American universities and practiced in courts … foundations of the concept of property as a bundle of rights, depriving it of its significance as an alternative definition of …