Greg Alexander has made a powerful case that an owner of property in a free and democratic society will be required from time to time to provide resources, in ways appropriate to that owner, to support the development of other persons’ human capabilities. This essay explores a property law...

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. “A Liberal Theory of Property” addresses key questions: how can property be justified? What core values should property law advance, and how do those...

Libertarianism—and classical liberalism generally—presupposes (or entails) a specific, but implicit, conception of liberty. Imagine two lists of property-rights: one list is all those that are libertarian; the other list is all those that are not. What determines into which list a...

In this article, I develop the concept of "ownership piercing." I use the expression to suggest that courts engage in a process of evaluative reasoning to clarify who owns property rights and controls the limited liability company. I show under what circumstances courts should pierce ownership....

As Hodgson has nicely pointed out, capitalism can be only understood if we accept that, unlike possession, property is a social construction and a relation among individuals. Unlike possession, property does not require a material thing on which it should be applied. Property rights can create...

Private ownership should generally be preferred to public ownership when the incentives to innovate and to contain costs must be strong. In essence, this is the case for capitalism over socialism, explaining the dynamic vitality' of free enterprise. The great economists of the 1930s and 1940s...

The debate at this level needs to be centred on the determination of whether cryptocurrencies should be classified as a currency or as an intangible property. Although we have a view on this point, there are differing implications that a classification will engender. Where it is decided that...

We show that armed actors refrain from using their power to arbitrarily steal from an economy if, and only if, the armed actors’ property rights over stealing from that economy are secure. By 2009, armed actors taxed, administered, and protected various villages in Democratic Republic of the...