15 July 2004

If you build it...

...they will come. And if they don't come, you are stuck with it, friend, because there will be no tearing it down!

Lior Strahilevitz’s research in the law of property, and specifically, the right to destroy, led to his discovery that the long-recognized right of property owners to destroy what they own appears to have been erased from the definition of the term tucked away on page 1,130 of the latest edition of the authoritative Black’s Law Dictionary.

The right, or lack of it, has important implications for a broad range of legal and public policy issues, which includes an artist’s control over the intellectual property he or she creates and an individual’s disposition of organs and embryos.

...“Protecting the right to destroy can enhance social welfare by protecting privacy, creating open spaces, encouraging innovation and creation, facilitating expression, and promoting candor and risk-tasking.” [Strahilevitz] noted that the “anti-waste” rules promulgated by courts might have ironically resulted in diminished social welfare “by discouraging the creation of the valuable properties that the courts are so keen on protecting.”

It looks like jus utendi et abutendi no more. Another civil liberty kicks the bucket (but don't let it kick too hard, because even if it's your bucket, you're not allowed to wreck it!)


The Last Five:
I heard it on the radio - 27 July 2008
Happiness is... - 26 July 2008
Do bears shit in the woods? - 21 July 2008
Politics schmoliticks - 14 July 2008
words and pictures - 14 July 2008

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