Aaron Schwabach, ‘Innate Property: The Danger of Incongruency Between Law and the Biological and Behavioral Roots of Property and Possessiveness’, 2022 Cardozo Law Review de•novo 190. In a previous JOT, I wrote that private property is deeply ingrained not only in our liberal world, but also in our DNA. In ‘Innate Property: The Danger of Incongruency Between Law and the Biological and Behavioral Roots of Property and Possessiveness’, Aaron Schwabach provides important evidence of the latter fact, arguing that one finds those biological-behavioral origins in the ‘innate urge to exclude’ (p 190). While the right to exclude is always found in law, this must be distinguished from our ‘proprietary instinct … (more)
[PT Babie, JOTWELL, 2 July 2024]
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