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Law and Economics-Charles W. Upton Why Property Rights
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Page 1: Law and Economics-Charles W. Upton Why Property Rights.

Law and Economics-Charles W. Upton

Why Property Rights

Page 2: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 50 40 -10 80 B 150 10 -40 120

Total 200 50 -50 200

Why do we want property rights?

Page 3: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 50 40 -10 80 B 150 10 -40 120

Total 200 50 -50 200

Page 4: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 50 40 -10 80 B 150 10 -40 120

Total 200 50 -50 200

Page 5: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 50 40 -10 80 B 150 10 -40 120

Total 200 50 -50 200

A zero-sum game

Page 6: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 50 40 -10 80 B 150 10 -40 120

Total 200 50 -50 200

Though this table doesn’t show it, real

resources are devoted to stealing and preventing theft

Page 7: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 100 100 B 300 300

Total 400 400

Suppose theft can be prevented and people become 100% more

productive

Page 8: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 100 100 B 300 300

Total 400 400

Suppose theft can be prevented and people become 100% more

productive

A system of laws which prevent

theft will be Hicks-Kaldor

Optimal

Page 9: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 75 75(80) B 225 225(120)

Total 300 300(200)

Of course that works only if everyone gains.

Suppose the productivity gain is only 50%

Page 10: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 75 75(80) B 225 225(120)

Total 300 300(200)

Of course that works only if everyone gains.

Suppose the productivity gain is only 50%

There will often be someone who does better by theft than by “honest work”. The government

exists to compel those few to go along.

Page 11: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 75 75(80) B 225 225(120)

Total 300 300(200)

Of course that works only if everyone gains.

Suppose the productivity gain is only 50%

There will often be someone who does better by theft than by “honest work”. The government

exists to compel those few to go along.

The cost of government, especially corrupt government, may exceed the

benefits of property rights.

Page 12: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 75 75(80) B 225 225(120)

Total 300 300(200)

Of course that works only if everyone gains.

Suppose the productivity gain is only 50%

There will always be someone who does better by theft than by “honest work”. The government

exists to compel those few to go along.

Establishing property rights will not be Pareto Optimum, though it may be

Hicks-Kaldor Optimum.

Page 13: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Corn Grown

Corn Stolen

Corn Lost Net

A 75 75(80) B 225 225(120)

Total 300 300(200)

Of course that works only if everyone gains.

Suppose the productivity gain is only 50%

There will always be someone who does better by theft than by “honest work”. The government

exists to compel those few to go along.

Establishing property rights will not be Pareto Optimum, though it may be

Hicks-Kaldor Optimum.

• Why not make side payments to the losers so they have an incentive to “buy in” to the system?

• May cut the cost of government.

Page 14: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=120

πA=80

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Lets put this in game theory termsAssume a 50% gain in productivity

Page 15: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=120

πA=80

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Lets put this in game theory termsAssume a 50% gain in productivityThis is a payoff

matrix showing the gains to the two

parties depending on their

“strategies”

Page 16: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Both Thieves

A is Sole Thief

B is Sole Thief

Both Honest

Workers A 50 50 75 75 B 150 225 150 225

Total 200 275 225 300

Note:Table assumes no gains from theft, just a waste of time

Page 17: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Both Thieves

A is Sole Thief

B is Sole Thief

Both Honest

Workers A 50 50 75 75 B 150 225 150 225

Total 200 275 225 300

Note:Table assumes no gains from theft, just a waste of time

Page 18: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer Both Thieves

A is Sole Thief

B is Sole Thief

Both Honest

Workers A 50 50 75 75 B 150 225 150 225

Total 200 275 225 300

Note:Table assumes if only one thief, no gains from theft, just a waste of time

Page 19: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=150

πA=50

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Lets put this in game theory termsAssume a 50% gain in productivity

If neither one accepts

or both accept.

Page 20: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=150

πA=50

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Lets put this in game theory termsAssume a 50% gain in productivity

If one but not both accepts. The government

prevents theft, but the non participant

does not stop trying.

Page 21: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=150

πA=50

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Here is the Nash Equilibrium

Page 22: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=150

πA=50

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Here is the Nash Equilibrium

That is, neither party

has an incentive to

change

Page 23: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=150

πA=50

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Here is the Nash Equilibrium

Lets see why

Page 24: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Farmer B Don’t

Accept Government

Accept Government

Don’t Accept

Government

πB=150

πA=50

πB=225

πA=50

Farmer A Accept

Government πB=150

πA=75

πB=225

πA=75

Here is the Nash Equilibrium

Lets see why

Page 25: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Other Cases

• Could one party pay the cost of the government and force the other party into submission?

Page 26: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Other Issues

• Could one party pay the cost of the government and force the other party into submission? – In any reasonable society, a thief is arrested,

tried, convicted and punished. Taxpayers pay the cost.

Page 27: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Other Issues

• Could one party pay the cost of the government and force the other party into submission?

• What guarantees that the government will act in the interests of farmers A and B and not become corrupt?

Page 28: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

Other Issues

• Could one party pay the cost of the government and force the other party into submission?

• What guarantees that the government will act in the interests of farmers A and B and not become corrupt? – That issue would take us well beyond this

course.

Page 29: Law and Economics-Charles W. Upton Why Property Rights.

Why Property Rights

End

©2004 Charles W. Upton