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| Property Rules, Liability Rules and Inalienability: One View of the Cathedral ： ウィキペディア英語版 |
Property Rules, Liability Rules and Inalienability: One View of the Cathedral
''Property Rules, Liability Rules and Inalienability: One View of the Cathedral'' is an article in the scholarly legal literature (''Harvard Law Review'', Vol.85, p.1089, April 1972), authored by Judge Guido Calabresi (''of the United States Court of Appeals for the Second Circuit'') and A. Douglas Melamed, currently the General Counsel of Intel Corporation.
The article is a seminal contribution to the field of law and economics, offering an ambitious attempt to treat various areas of the law through a uniform approach. It is grounded in the fact that the various interests created by the law enjoy various degrees and methods of protection. Certain interests are deemed human rights and inalienable as such. Other interests are protected by the criminal law; meaning that the state will bear the cost of initiating legal action if violations of such interests are brought to its attention; here begins the criminal law. The burden of proof required for the state to prevail in such cases is higher; thus the beginning of criminal procedure. Other interests give an injured party merely the option of petitioning for injunctive relief. There are yet other interests whose violation gives the injured party no more than the right to seek monetary damages, and only if the victim is willing to bear the costs of initiating legal action; such interests make up the essence of civil law. The burden of proof in such cases is less than in actions initiated under criminal law; thus the beginning of civil procedure.
== Thesis ==
The title of the article references artist Claude Monet’s series of paintings of Rouen Cathedral, modestly implying that the authors’ ensuing academic analysis is but one look at a subject that can be considered from various points of view. The primary thesis of the article focuses on the notion of “entitlements,” or rights, which can be protected by either property, liability, or inalienability rules. The authors’ main goal, as noted in the Introduction, is to provide a conceptual framework within which the separate legal subject areas of Property and Torts can be approached from a unified perspective. The article then undertakes an analysis of the classic Law and Economics “Pollution Problem” and an analysis of various criminal sanctions, all within the new framework the authors have put forth.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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