Chapter 73 Chapter 6 The Mystery of Ownership

Why is it sometimes illegal for islanders to prevent strangers from using private jetties? Why does tort law often temporarily suspend homeowners' property rights to waterfronts? Why did Native Americans in the Pacific Northwest define and strictly adhere to private land rights, while Native Americans in the Prairies never did? Someone has illegally occupied a piece of land for at least ten years, why does the law recognize this person's ownership of the land? Why are whales on the verge of extinction, but chickens have no worries about reproduction? Why is the pollution problem in the Mediterranean region much more serious than that in the Great Yantsu region?

Why did the disintegration of the former Soviet Union lead to a sharp drop in the production of caviar in the Caspian Sea? Why aren't there top-notch for-profit universities? Why can we rent DVDs but not books? Why do employees vote for politicians who support workplace safety regulations, but always prefer jobs that pay more and are more dangerous? Why does the relevant law in the United States stipulate that it is illegal for employers to allow adults to work overtime voluntarily without paying overtime wages? Why is Madrid's annual fashion show banning ultra-skinny models? Why do most states in the United States have mandatory regulations on the school age for children?

Why are child safety seats required in cars but not in airplanes? Why are seat belts required on private car seats but not on school buses? Why do tourist boats have less crashworthy safety equipment than cars? Why is it legal to eat a hamburger while driving, but not to use a cell phone while driving? Why should the taxi fare be divided into two parts, with both a fixed starting price and a variable mileage price, instead of directly charging a higher mileage price? Why is there a flat rate of forty-five dollars for a taxi from JFK Airport to any destination in Manhattan, while taxis elsewhere in New York City charge by the meter?

People who grew up in contemporary Western industrialized countries often take it for granted that if you own something, you can use it however you want.Under certain conditions, this understanding is not unreasonable.For example, owning a bicycle in most countries means you have the right to use it whenever you want, to tell others not to use it, and to sell it to whomever you choose. Thanks to the clear definition of property rights at the end of the eighteenth century and the establishment of a strong enforcement system, the standard of living in the United States and many other industrialized countries has increased by more than forty times.On the contrary, societies that lack such a system rarely get rich.If people cannot establish clear legal rights to property, they have little incentive to invest in capital equipment that creates new wealth.

But although property rights have created countless benefits, it also requires costs.Determining and enforcing property rights over any good requires a commitment of real resources.Sometimes, the end result isn't worth the effort.On closer inspection, we can see that the concept of ownership is actually quite controversial.This chapter begins with a few examples to examine the limitations of our understanding of the concept of owning something.