Property rules versus liability rules: An economic analysis

Harvard Law Review

Volumn 110, Issue 4, 1996, Pages 715-

  Kaplow, Louis ^a   Shavell, Steven ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0346581482     PISSN: 0017811X     EISSN: None     Source Type: Journal    
DOI: 10.2307/1342135     Document Type: Article

References (3)

1. The leading article on the subject is Guido Calabresi & A. Douglas Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral, 85 HARV. L. REV. 1089 (1972) . Our Article does not examine rules prohibiting alienation, as did Calabresi and Melamed's, see id. at 1111-15, because such rules are not generally employed in the contexts we examine and are usually used for reasons different from those we consider. For a discussion of rules prohibiting alienation, see generally Susan Rose-Ackerman, Inalienability and the Theory of Property Rights, 85 COLUM. L. REV. 931 (1985). Other prominent articles that study property and liability rules from an economic perspective include Robert C. Ellickson, Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls, 40 U. CHI. L. REV. 681 (1973); A. Mitchell Polinsky, Controlling Externalities and Protecting Entitlements: Property Right, Liability
2. The leading article on the subject is Guido Calabresi & A. Douglas Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral, 85 HARV. L. REV. 1089 (1972) . Our Article does not examine rules prohibiting alienation, as did Calabresi and Melamed's, see id. at 1111-15, because such rules are not generally employed in the contexts we examine and are usually used for reasons different from those we consider. For a discussion of rules prohibiting alienation, see generally Susan Rose-Ackerman, Inalienability and the Theory of Property Rights, 85 COLUM. L. REV. 931 (1985). Other prominent articles that study property and liability rules from an economic perspective include Robert C. Ellickson, Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls, 40 U. CHI. L. REV. 681 (1973); A. Mitchell Polinsky, Controlling Externalities and Protecting Entitlements: Property Right, Liability
3. The leading article on the subject is Guido Calabresi & A. Douglas Melamed, Property Rules, Liability Rules, and Inalienability: One View of the Cathedral, 85 HARV. L. REV. 1089 (1972) . Our Article does not examine rules prohibiting alienation, as did Calabresi and Melamed's, see id. at 1111-15, because such rules are not generally employed in the contexts we examine and are usually used for reasons different from those we consider. For a discussion of rules prohibiting alienation, see generally Susan Rose-Ackerman, Inalienability and the Theory of Property Rights, 85 COLUM. L. REV. 931 (1985). Other prominent articles that study property and liability rules from an economic perspective include Robert C. Ellickson, Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls, 40 U. CHI. L. REV. 681 (1973); A. Mitchell Polinsky, Controlling Externalities and Protecting Entitlements: Property Right, Liability