Jump to ContentJump to Main Navigation
Behavioral Law and Economics$
Users without a subscription are not able to see the full content.

Eyal Zamir and Doron Teichman

Print publication date: 2018

Print ISBN-13: 9780190901349

Published to Oxford Scholarship Online: June 2018

DOI: 10.1093/oso/9780190901349.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2021

Property Law

Property Law

(p.201) 6 Property Law
Behavioral Law and Economics

Eyal Zamir

Doron Teichman

Oxford University Press

The chapter critically analyzes the contribution of behavioral findings to property law and theory. It starts with studies of basic notions, such as psychological ownership and the endowment effect; and moves on to discuss two major fields: constitutional property law and intellectual property. With regard to the former, the analysis shows how behavioral insights illuminate the distinction between governmental taking and giving of property, between physical and nonphysical takings, and between the taking of homes and other properties. With regard to intellectual property, the chapter deals, among other things, with inventors’ behavior and judicial decision-making in matters of intellectual property. Finally, the chapter discusses the broader issue of protecting entitlements through property rules versus liability rules.

Keywords:   ownership, possession, constitutional property law, intellectual property, property rules, liability rules

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .