{"title":"互惠原则与土地私有产权:海岸世界既不是新古典主义也不是资本主义","authors":"Giorgos Meramveliotakis","doi":"10.1016/j.landusepol.2023.106965","DOIUrl":null,"url":null,"abstract":"<div><p>The “Coase theorem” states that in a zero-transaction cost neoclassical world society’s wealth is not affected by the allocation of liabilities rules. The “theorem” rests upon two fundamental premises: the first concerns Coase’s view of mutual causation of harm, namely the reciprocity principle, and the second refers to his understanding of private property as a bundle of use rights. However, when these two premises are specifically applied in cases of trespass to land, not only portray a blur picture of private property, but they also contradict the very nature of rights over property. Specifically, I am arguing that these two premises undermine the centrality of exclusion rights to the institution of land property, hence violate the <em>de jure</em> basis of these rights, as well their private nature. This is turn implies that Coasean world is a world where the prevalent idea of mutual causation of harm creates idiosyncratic and partial rather than standardized <em>de jure</em> private property rights in land. As such, this Coasean version of the world fundamentally breaks from the neoclassical view of the capitalist world, where the security and exercise of private property rights in land is a <em>sine qua non</em> condition for the working of the economic system.</p></div>","PeriodicalId":17933,"journal":{"name":"Land Use Policy","volume":"135 ","pages":"Article 106965"},"PeriodicalIF":6.0000,"publicationDate":"2023-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Reciprocity principle and private property rights in land: Coasean world is neither neoclassical nor capitalist\",\"authors\":\"Giorgos Meramveliotakis\",\"doi\":\"10.1016/j.landusepol.2023.106965\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>The “Coase theorem” states that in a zero-transaction cost neoclassical world society’s wealth is not affected by the allocation of liabilities rules. The “theorem” rests upon two fundamental premises: the first concerns Coase’s view of mutual causation of harm, namely the reciprocity principle, and the second refers to his understanding of private property as a bundle of use rights. However, when these two premises are specifically applied in cases of trespass to land, not only portray a blur picture of private property, but they also contradict the very nature of rights over property. Specifically, I am arguing that these two premises undermine the centrality of exclusion rights to the institution of land property, hence violate the <em>de jure</em> basis of these rights, as well their private nature. This is turn implies that Coasean world is a world where the prevalent idea of mutual causation of harm creates idiosyncratic and partial rather than standardized <em>de jure</em> private property rights in land. As such, this Coasean version of the world fundamentally breaks from the neoclassical view of the capitalist world, where the security and exercise of private property rights in land is a <em>sine qua non</em> condition for the working of the economic system.</p></div>\",\"PeriodicalId\":17933,\"journal\":{\"name\":\"Land Use Policy\",\"volume\":\"135 \",\"pages\":\"Article 106965\"},\"PeriodicalIF\":6.0000,\"publicationDate\":\"2023-11-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Land Use Policy\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0264837723004313\",\"RegionNum\":1,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Land Use Policy","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0264837723004313","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Reciprocity principle and private property rights in land: Coasean world is neither neoclassical nor capitalist
The “Coase theorem” states that in a zero-transaction cost neoclassical world society’s wealth is not affected by the allocation of liabilities rules. The “theorem” rests upon two fundamental premises: the first concerns Coase’s view of mutual causation of harm, namely the reciprocity principle, and the second refers to his understanding of private property as a bundle of use rights. However, when these two premises are specifically applied in cases of trespass to land, not only portray a blur picture of private property, but they also contradict the very nature of rights over property. Specifically, I am arguing that these two premises undermine the centrality of exclusion rights to the institution of land property, hence violate the de jure basis of these rights, as well their private nature. This is turn implies that Coasean world is a world where the prevalent idea of mutual causation of harm creates idiosyncratic and partial rather than standardized de jure private property rights in land. As such, this Coasean version of the world fundamentally breaks from the neoclassical view of the capitalist world, where the security and exercise of private property rights in land is a sine qua non condition for the working of the economic system.
期刊介绍:
Land Use Policy is an international and interdisciplinary journal concerned with the social, economic, political, legal, physical and planning aspects of urban and rural land use.
Land Use Policy examines issues in geography, agriculture, forestry, irrigation, environmental conservation, housing, urban development and transport in both developed and developing countries through major refereed articles and shorter viewpoint pieces.