030279 KU Theories of Property Law and Restitution (2011W)

What is the 'Ikea effect'? Why cigarette giant Philip Morris opposes plain packaging? Why are you free to roam land owned by others in Sweden while restricted to do so in the US? What is the tragedy of the commons? Who owns the Arctic? Why is it OK to pack unrelated people in a New York apartment? Why do we allow street performances prohibited by law? What is the story of Henrietta Lacks? What is a 'virtual property'? Are we substituting property rights with access rights? Is it OK to have human eggs markets? These questions and others illustrate some of highly debated issues in property and restitution theory. This course aims at providing students with the theoretical tools needed to understand, evaluate and contest the various positions held with regard to such controversies. The course explores important theories of property pertaining its nature, scope, genealogies, justifications and criticisms. Topics covered include the juxtaposing of property as a natural right versus property as a legal construct, property and personhood, property and the commons, property and social class, utilitarian and libertarian views of property. All these issues are discussed through arguments of noted philosophers and jurists along with various examples and elucidations.