Property Rules, Liability Rules, and Inalienability¶
Calabresi, G., & Melamed, A. D. (1972). Property Rules, Liability Rules, and Inalienability: One View of the Cathedral. Harvard Law Review, 85(6), 1089-1128.
Cited by¶
3 citations across 3 artifacts.
Each citation links to the sentence it supports in the citing article.
Primes¶
- Mandatory vs. Default Norms
- Calabresi and Melamed (1972), in their classic taxonomy of property rules, liability rules, and inalienability rules, treat the strongest form of entrenchment—inalienability—as a distinct legal category that places certain entitlements beyond consensual exchange entirely; Pierik (2018) applies this framing to mandatory-vaccination policy, examining when public-health rationales justify shifting from default-recommended to legally mandated immunization regimes.
This sourceTaxonomize entitlement protection into property rules, liability rules, and inalienability rules—the strongest form of entrenchment removing entitlements from consensual exchange entirely.
- Calabresi and Melamed (1972), in their classic taxonomy of property rules, liability rules, and inalienability rules, treat the strongest form of entrenchment—inalienability—as a distinct legal category that places certain entitlements beyond consensual exchange entirely; Pierik (2018) applies this framing to mandatory-vaccination policy, examining when public-health rationales justify shifting from default-recommended to legally mandated immunization regimes.
Mechanisms¶
- Forced Release Protocol
- The compensation clause is what keeps parties willing to hold resources in the first place, knowing a forced release won't simply rob them.
This sourceStates that a forced release should not simply deprive the holder without redress.
- The compensation clause is what keeps parties willing to hold resources in the first place, knowing a forced release won't simply rob them.
- Identity-Bound Entitlement
- Binding a right to a person makes it, in effect, inalienable
This sourceDefines inalienability as legal restriction or prohibition of transferring an entitlement even between willing parties.
- Binding a right to a person makes it, in effect, inalienable
Verification¶
Does it exist? Confirmed. This work's DOI resolves to a registered record, which fixes its identity. That is all it fixes.
Does it back the claim? Not recorded. Neither this nor any other of the 3 citations of this work carries a recorded support check.
Was it audited? Yes. A second, independent pass read the citation against the article text and recorded a verdict.
Support is checked per citation rather than per work — the same source can be cited soundly in one article and wrongly in another. Per-citation recording began recently, so a citation with no recorded check is a gap in the record rather than evidence it went unchecked.
See how references were verified.
Links previously used in the corpus¶
Before the registry existed this work was also linked 1 other way.
Registry ID ref:d17140d587fe · see in the full table