People's Judgments About Classic Property Law Cases

被引:30
|
作者
DeScioli, Peter [1 ]
Karpoff, Rachel [2 ]
机构
[1] SUNY Stony Brook, Dept Polit Sci, Stony Brook, NY 11794 USA
[2] Brandeis Univ, Dept Psychol, Waltham, MA 02254 USA
关键词
Property; Ownership; Property law; Property disputes; Finders; INFER OWNERSHIP; POSSESSION; PRESCHOOL; CHILDREN; RIGHTS; MINE;
D O I
10.1007/s12110-015-9230-y
中图分类号
Q98 [人类学];
学科分类号
030303 ;
摘要
People's judgments about property shape how they relate to other people with respect to resources. Property law cases can provide a valuable window into ownership judgments because disputants often use conflicting rules for ownership, offering opportunities to distinguish these basic rules. Here we report a series of ten studies investigating people's judgments about classic property law cases dealing with found objects. The cases address a range of issues, including the relativity of ownership, finder versus landowner rights, object location, objects below- versus above-ground, mislaid versus lost objects, contracts between landowners and finders, and the distinction between public and private space. The results show nuanced patterns in ownership judgments that are not well-explained by previous psychological theories. Also, people's judgments often conflict with court decisions and legal principles. These empirical patterns can be used to generate and test novel hypotheses about the intuitive logic of ownership.
引用
收藏
页码:184 / 209
页数:26
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