ABSTRACT
A property right, the standard view maintains, is a proper subset of the most complete and comprehensive set of incidents for full ownership of a thing. The subsidiary assumption is that the pieces that are property rights compose the whole that is ownership or property, ie, that property rights explain property. In questioning the standard view I argue that (1) property is explained by a custom of intelligent and meaningful human action and (2) property cannot be explained by the institution of property rights. The central claim is that, as a custom, property is a historical process of selecting actions conditional on the context.
Wilson, Bart J, The Primacy of Property; Or, The Subordination of Property Rights (November 8, 2021).
First posted 2022-02-15 10:00:01
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