The Psychology of Property Law
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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.Demaine, Linda J.: - Linda J. Demaine is Professor of Law and Willard H. Pedrick Distinguished Research Scholar at Arizona State University.
Lewinsohn-Zamir, Daphna: - Daphna Lewinsohn-Zamir is Dean and Louis Marshall Professor of Environmental Law at the Hebrew University of Jerusalem.
Stern, Stephanie M.: -
Stephanie M. Stern is Professor of Law at Chicago-Kent College of Law, Illinois Institute of Technology.
Stephanie M. Stern, J.D., conducts research that integrates behavioral science and property law, with a focus on housing law. She is Professor of Law at the Chicago-Kent College of Law, where she teaches courses on property, land use, environmental, and remedies law. Professor Stern has won awards for her empirical work in psychology and lectures nationally and internationally on the implications of behavioral science for the design of property and land use law.• Author(s): Clear | James • Publisher: Penguin • Publisher Imprint: Penguin Random House • Subject: General Books
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