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.


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