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Life of a Law Student, University of Houston Law Center

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Ellickson on Norms v. Law, Unpacking the Household

By: Luke Gilman | Other Posts by
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Last night in Torts, Professor Sanders mentioned Robert Ellickson‘s recent article on household economics, building on his work in Order without Law: How Neighbors Settle Disputes. A quick search turned up the full text of the article available for download from SSRN for those interested in learning more.

Download Robert Ellickson’s Unpacking the Household: Informal Property Rights Around the Hearth

Abstract: As Aristotle recognized in THE POLITICS, the household is an indispensable building block of social, economic, and political life. A liberal society grants its citizens far wider berth to arrange their households than to choose their familial and marital relationships. Legal commentators, however, have devoted far more attention to the family and to marriage than to the household as such.

To unpack the household, this Article applies transaction cost economics and sociological theory to interactions among household participants. It explores questions such as the structure of ownership of dwelling units, the scope of household production, and the governance of activities around the hearth. Drawing on a wide variety of historical and statistical sources, the Article contrasts conventional family-based households with arrangements in, among others, medieval English castles, Benedictine monasteries, and Israeli kibbutzim.

Most households involve several participants and as many as three distinct relationships – that among occupants, that among owners, and that between these two groups (the landlord-tenant relationship). Individuals, when structuring these home relationships, typically pursue a strategy of consorting with intimates. This facilitates informal coordination and greatly reduces the transaction costs of domestic interactions. Utopian critics, however, have sought to enlarge the scale of households, and some legal advocates have urged household members to write formal contracts and take disputes into court. These commentators fail to appreciate the great advantages, in the home setting, of informally associating with a few trustworthy intimates.

Coincidentally, NJLS just posted an interesting post on first movers – The Rule of Law -on the discussion of crime epidemics taking place on the Becker-Posner blog (Becker’s views, Posner’s) which deals with similar subject matter but with a different take.

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