Considers how research in psychology offers new perspectives on
property law, and suggests avenues of reform
Property law governs the acquisition, use and transfer of resources. It
resolves competing claims to property, provides legal rules for
transactions, affords protection to property from interference by the
state, and determines remedies for injury to property rights. In seeking
to accomplish these goals, the law of property is concerned with human
cognition and behavior. How do we allocate property, both initially and
over time, and what factors determine the perceived fairness of those
distributions? What social and psychological forces underlie
determinations that certain uses of property are reasonable? What
remedies do property owners prefer?
The Psychology of Property Law explains how assumptions about human
judgement, decision-making and behavior have shaped different property
rules and examines to what extent these assumptions are supported by the
research. Employing key findings from psychology, the book considers
whether property law's goals could be achieved more successfully with
different rules. In addition, the book highlights property laws and
conflicts that offer productive areas for further behaviorally-informed
research.
The book critically addresses several topics from property law for which
psychology has a great deal to contribute. These include ownership and
possession, legal protections for residential and personal property,
takings of property by the state, redistribution through property law,
real estate transactions, discrimination in housing and land use, and
remedies for injury to property.
