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7 Seattle J. Envtl. L. 1 (2017)

handle is hein.journals/sjel9007 and id is 1 raw text is: Of Mines and Men: Toward a Foundational Theory of the Rise, Evolution and Decay of Property Guillermo Arribas Irazola ABSTRACT Why and how is property created? Through a historical analysis, this paper proposes that property is created not out of ideology, but by chance. Depending on the resources encountered by newcomers, a rising civilization will establish property through a centralized controlling gov- ernment (a top-down system) or through people's recognized possession (a bottom-up or Lockean system). In the former, the government will create and allocate property at its own discretion, while in the latter, the government will recognize and provide protection for the property of individuals. When the Spaniards conquered Peru in the 1528, they found immense amounts of gold and silver. Years later, when the British came to North America, they found ice and empty land. The search for bullion by the empires pushed the Spanish Crown to implement a top-down property regime over its colonies, in order to protect and exclude any third party from its resources. A disappointed British Crown, however, permitted colonizers to maintain more autonomy and to establish a livelihood for themselves in the new land, creating a bottom-up property regime. Out of these fortunes, two distinct societies were born, and with each, values that created long-standing biases. After centuries, these property regimes evolve and yield idiosyncratic social conflicts, causing property systems to decay. T Mr. Arribas graduated from Pontificia Universidad Catolica del Peru School of Law in 2013, and is a LL.M. candidate at Yale Law School. Before attending Yale, Mr. Arribas was a law profes- sor at Pontificia Universidad Catolica del Peru, where he taught Property, Contracts and Legal Skills. Mr. Arribas wishes to thank Carol Rose, Christine Jolls, Claire Priest, and Steven Pincus for their generous contributions to earlier versions of this paper and for their valued support; Daniel Markovits with the Yale Law School Graduate Program; all the participants of the Work in Progress workshop organized by the Graduate Program for their valuable comments; and Micaela Bullard, Isabella Uria, and Bradley Hayes for their constant support reviewing earlier versions of this paper. 1

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