Introduction to Property

Introduction to Property

Why does the law school curriculum start with Property class? What are some foundational legal principles that every student needs to know about property? Most people remember Pierson v. Post (a.k.a. the fox case) but why does it matter? Does society need property rights?

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4 of 7: Limits on Property Rights: Reciprocity and Externalities [No. 86]

Is everyone entitled to use their own property however they wish? Professor Donald Kochan explains that there are limits to property usage, based on how the use might affect someone else. This is the concept of negative externalities. While this migh ... Is everyone entitled to use their own property however they wish? Professor Donald Kochan explains that there are limits to property usage, based on how the use might affect someone else. This is the concept of negative externalities. While this might seem like an unreasonable burden on the property owner, property law also relies on the concept of reciprocity which imposes the same responsibilities on other parties also. In exchange for not causing externalities, a property owner is also free from externalities that might be caused by others.

Donald Kochan is Professor of Law at George Mason University Antonin Scalia Law School and Deputy Executive Director of the Law and Economics Center.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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