The Right to Include

Kelly, Daniel B.

Journal: Emory Law Journal

Volume: 63

First Page: 857

Year: 2014

Bluebook Citation: 63 EMORY L.J. 857 (2014)

Author: Daniel B. Kelly: all 12 publications


Abstract

Recent scholarship has created renewed interest in the "right to exclude." Many contend that, because owners have a right to exclude, private property has a tendency to promote individualism and exclusion. But, as I will argue, property can promote sociability and inclusion by providing owners with various ways of including others. Owners can assert their "right to include" by waiving exclusion rights, dividing existing rights by contracts or property forms, and creating new co-ownership arrangements. Inclusion is socially beneficial insofar as it enables sharing and exchange, facilitates financing and risk-spreading, and promotes specialization.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.