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Governing Access to Essential Resources$
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Katharina Pistor and Olivier De Schutter

Print publication date: 2015

Print ISBN-13: 9780231172783

Published to Columbia Scholarship Online: May 2016

DOI: 10.7312/columbia/9780231172783.001.0001

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PRINTED FROM COLUMBIA SCHOLARSHIP ONLINE (www.columbia.universitypressscholarship.com). (c) Copyright University of Minnesota Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CUPSO for personal use.date: 18 September 2021

Property Theory, Essential Resources, and the Global Land Rush

Property Theory, Essential Resources, and the Global Land Rush

(p.81) Chapter 4 Property Theory, Essential Resources, and the Global Land Rush
Governing Access to Essential Resources

Hanoch Dagan

Columbia University Press

Dagan claims that property rights and market competition can be reconciled with the notion of essential resources. The dominant theoretical view of property rights that focuses on the right to exclude as central to property in his view is prescriptive. The legal systems in developed market economies tend to be much more accommodating to competing normative and social claims and the actual operation of property law is more inclusive than often assumed. More generally, property can be reimagined to incorporate values such as Voice and Reflexivity; and the market could and should be enlisted to pursue these goals

Keywords:   Property theory, common law, competing claims, limits of exclusion

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