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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4 of 11: Complex Property Arrangements [Introduction to Common Law] [No. 86]

How can an association that doesn’t own property make rules that govern it? Professor Richard Epstein of NYU School of Law discusses the principles governing complex property arrangements, giving an overview of the Neponsit case, which created a mo ... How can an association that doesn’t own property make rules that govern it? Professor Richard Epstein of NYU School of Law discusses the principles governing complex property arrangements, giving an overview of the Neponsit case, which created a modern rule for how a property can be governed by an organization and not an individual owner. This development makes condo associations and other more efficient uses of property possible.

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.

Professor 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:

The Birth of the Property Rights Movement
https://www.youtube.com/playlist?list=PLWwcngsYgoUX3i5tMPI9kDQtoLuOXCsN_

The Property Rights Movement and Intellectual Property
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Why America Has a Property Rights Movement
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This Land Is My Land: Property rights movement pits landowners, ecologists
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Neponsit Property Owners' Assoc., Inc. v. Emigrant Indus. Savings Bank
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Freedom of Contract and Fundamental Fairness for Individual Parties: The Tug of War Continues
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