2002
DOI: 10.2307/3146892
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The Meaning of Property Rights: Law versus Economics?

Abstract: 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 confusion and bias eco… Show more

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Cited by 138 publications
(59 citation statements)
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“…The first task of economists is to give a definition of property rights or, more accurately, of the protection of property rights. As reported in Cole andGrossman (2002) "As A. Allan Schimd (1999, 233) maintains, '[p]roperty is a social fact or it is no fact at all'". The safeguard of property rights implies the existence of shared social norms recognizing individual property over and above common property, but this is not sufficient, however.…”
Section: Theories On Property Rightsmentioning
confidence: 88%
“…The first task of economists is to give a definition of property rights or, more accurately, of the protection of property rights. As reported in Cole andGrossman (2002) "As A. Allan Schimd (1999, 233) maintains, '[p]roperty is a social fact or it is no fact at all'". The safeguard of property rights implies the existence of shared social norms recognizing individual property over and above common property, but this is not sufficient, however.…”
Section: Theories On Property Rightsmentioning
confidence: 88%
“…The key to IAFs is to provide harvesters with long-term and secure rights (Hannesson 2004) that are legally enforceable, along with corresponding duties by nonowners to not interfere with these rights (Cole and Grossman 2002). In practice, individual harvesting rights are often specified as a revokable privilege, although New Zealand is a notable exception (National Research Council 1999).…”
Section: Rights and Responsibilitiesmentioning
confidence: 99%
“…Such an exercise normally entails incurring transaction costs. The Coasian viewpoint is that property rights are essential for affirming the ultimate control over resources since transaction costs associated with the resources may often inhibit 'efficiency-enhancing' reallocations (Cole and Grossman, 2000). Environmental governance is also influenced by factors such as the nature and use of environmental resources, as well as the nature of arrangements in place to direct the use of such a resource (Paavola & Adger, 2002).…”
Section: New Institutional Economics At a Glancementioning
confidence: 99%