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Persistent link: https://www.econbiz.de/10013130310
Property theory need to bring some analysis to bear on the impact that the ‘object of social wealth' has on the property institution; property is, after all, about resources, whether these be tangible things or intangible forms of wealth. By bringing objects back into the property picture, the...
Persistent link: https://www.econbiz.de/10013130316
The work of Michael Heller on the so-called anticommons, or using the more recent moniker, “gridlock”, and the abundance of scholarship that it has generated, is one of the more significant recent concepts that has emerged from American property scholarship. Yet, in my view, Heller’s...
Persistent link: https://www.econbiz.de/10014162211
In this thought-piece, I shall approach this phenomenon from the perspective of analytic property theory, using the structures of Quebec Civil law property as an interpretive model. That is, I shall run the formal structures of intellectual property through the gauntlet of analytic property...
Persistent link: https://www.econbiz.de/10014186161
This paper is part of a larger attempt to retrieve elements of the justification for private property that too frequently have been played down in legal and political discourse. These elements of justificatory argument are crucial to an adequate understanding of the institution of private...
Persistent link: https://www.econbiz.de/10014186162