Professional Documents
Culture Documents
a. Economic Efficiency:
Property is economically efficient
Under conditions of scarcity people will unduly deplete
the resource, b/c the individual gain is greater than
individual cost
Aggregate gains from depletion are much less than the
cost (External)
I. First Possession: Acquisition of Property
by...
Possession: obtaining physical control and intent to claim an interest
Pre-possessory interest: Not mature ownership. Not possession. Right to
take possession without unlawful interference
Discovery
Johnson v. McIntosh, Antelope
"Discovery gave title to the government
by whose subjects, or by whose authority, it was made, against all
other European governments, which
title might be consummated by possession"
Derivative Title
Acquired right
Derived from another
ie: Johnson v. McIntosh - US derived title of land from British
crown
Same rights as the person before you had with the same title.
Law of Nations
Recognizes a fundamental right to property
Natural Rights:
Life, liberty, pursuit of happiness
"Every man has a natural right to the fruits of his own
labor, is generally admitted, and that no other person
can rightfully deprive him of those fruits"
Deprivation of natural rights:
a. War
b. Enslavement
Capture
Pierson v. Post, Ghen v. Rich, Keeble v. Hickeringill, Notes on Externalities
The thing:
What is the thing?
fox as ferae naturae
The place:
Where is the place?
constructive possession matter
The custom:
Changes in relationship of thing and place
what hunters would have done /what whalers do in Ghen v.
Rich.
Redefines property - ie: Popov Hayashi
The propriety:
What is proper?
cases have a lot to say about propriety of individual behavior
the way we order ourselves in society, our interactions with one
another
Creation
Locke's labor theory - "people obtain rights because they did something
and other did not"
A. Conversion
Conversion: Someone claims entitlement over someone else's actual entitlement, ex
one's right to property ie: a dying horse
A. Trespass to Chattels
Trespass to Exists where personal property has been damaged or where the defen
Chattels interfered with the plaintiff's use of the property. Dispossession is not a
to chattels
I. Relief
Nominal No damage