Property and the Common Law

Property and the Common Law

What kind of rule provides stable property possession within a complex system of property ownership and leasing?  Professor Richard Epstein of NYU School of Law gives a basic definition of the rules of property, then goes through a variety of cases and examples integral to Anglo-American property law.  Professor Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.

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2 of 11: Capture and Dealing with Common Property [Introduction to Common Law] [No. 86]

What rules govern the acquisition and use of property? In the third installment of Introduction to Common Law, Prof. Richard Epstein of NYU School of Law describes how the rules of property acquisition vary depending on the type of asset and explain ... What rules govern the acquisition and use of property? In the third installment of Introduction to Common Law, Prof. Richard Epstein of NYU School of Law describes how the rules of property acquisition vary depending on the type of asset and explains the problem of the tragedy of the commons.

Prof. Epstein provides an alternative to the conventional view that property rights are arbitrarily created by the state, and therefore can be changed at will by the state; a few simple rules, he argues, are universal principles of social organization, consistent across time and culture, which form the basis of social gains.

Prof. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

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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Related links:

Richard Epstein: Simple Rules for a Complex World
https://www.youtube.com/playlist?list=PLWwcngsYgoUX3i5tMPI9kDQtoLuOXCsN_

Casebriefs: Pierson v. Post
https://www.youtube.com/playlist?list=PLWwcngsYgoUX3i5tMPI9kDQtoLuOXCsN_

Casebriefs: Ghen v. Rich
https://www.youtube.com/playlist?list=PLWwcngsYgoUX3i5tMPI9kDQtoLuOXCsN_

Khan Academy - Tragedy of the Commons
https://www.youtube.com/playlist?list=PLWwcngsYgoUX3i5tMPI9kDQtoLuOXCsN_

Thomas Piketty: New thoughts on capital in the twenty-first century
https://www.youtube.com/playlist?list=PLWwcngsYgoUX3i5tMPI9kDQtoLuOXCsN_