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财产的首要性;或财产权利的从属性

The primacy of property; or, the subordination of property rights

Journal of Institutional Economics · 2022
被引 38 · 同刊同年前 2%
人大 BABS 3

中文导读

挑战标准观点,认为财产权不是构成财产的部分,而是由人类智能行动的习惯解释财产,财产是依赖语境选择行动的历史过程。

Abstract

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, i.e., that property rights explain property. In reversing the standard view I argue that (1) a custom of intelligent and meaningful human action explains property and that (2) as a custom, property is a historical process of selecting actions conditional on the context. My task is to explain how a physical world of human bodies with minds that feel, think, know, and want gives rise to a custom of property with meaning and purpose. Property is primary because ideas are primary.

财产哲学财产权法律经济学政治学社会学