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Book
The Psychology of Property Law
Authors: --- ---
ISBN: 1479857629 Year: 2020 Publisher: New York : New York University Press,

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Abstract

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.

Keywords

Possessiveness. --- Property --- Acquisition of property. --- Things (Law) --- Possession (Law) --- Right of property. --- Property. --- Psychological aspects. --- Discrimination. --- Fair Housing Act. --- Lockean labor theory. --- Ownership. --- Possession. --- Preferences. --- Prejudice. --- Remedies. --- Schemas. --- Stereotype. --- Taxes. --- adaptation. --- adverse possession. --- anchoring. --- applied psychology. --- bailments. --- bankruptcy exemptions. --- behavioral law and economics. --- bounded rationality. --- bundle of rights. --- cognitive biases. --- cultural differences. --- debiasing. --- deception. --- dictator game. --- disparate impact. --- dual agency. --- eminent domain. --- endowment effect. --- expropriation. --- externalities. --- fair housing. --- family property. --- first possession. --- groupthink. --- homelessness. --- homes. --- homestead exemptions. --- identifiability effect. --- identity. --- implicit bias. --- in-kind redress. --- inequity aversion. --- injunctions. --- just compensation. --- legitimacy. --- liability rules. --- long-term tenants. --- mere ownership effect. --- monetary compensation. --- motivated reasoning. --- neighborhood associations. --- nudges. --- omission bias. --- optimism bias. --- overoptimism. --- ownership. --- participatory democracy. --- personal property. --- personhood theory. --- property rights. --- property rules. --- psychology-informed property law. --- quick take. --- redistribution. --- remedies. --- reparcellation. --- resource theory. --- self- help. --- self-serving bias. --- social norms. --- source dependence. --- sunk costs. --- takings. --- tenancy by the entirety. --- theories of private property. --- trespass. --- ultimatum game. --- undercompensation. --- well-being.

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