ABSTRACT
Given the importance of ‘property rights’ in American law and culture, academic and judicial disagreement over the content of the concept is a problem. Professor Eric Claeys makes considerable progress toward resolving this problem in his forthcoming book, Natural Property Rights. Using John Locke’s labor theory of property, the treatise identifies intelligible limits to the kinds of objects that qualify as prop- erty and provides guidance on how legal rights should operate for a given category of objects. It also identifies several examples of American law that already follow a Lockean framework. The chapters ‘Designing Property Rights’ and ‘Dividing Property Rights’ pull examples from cases discussing rights in animals, land, and water. This Article is the first to use Claeys’s natural property rights approach to explain the law of business organizations.
Kevin Douglas, Business Organizations as Natural Objects of Ownership, 9 Texas A&M Journal of Property Law 525 (2023). Online 28 May 2023.
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