The first lesson is designed to demonstrate that property is a complex subject. We'll investigate foundational questions such as: what is property, and why does it exist? These basic questions will be addressed in the practical context of controversies over ownership of news, sports spectacles, genetic materials and even human beings.
We're going to start the term with "Introductions" (to me, to each other and to the course). The only reading you have to do for this is on the web. I want you to thoroughly explore the homepage for this course, reading all of the information about the class. Check out the discussion forum. Post something if you wish.
The title of our first class substantive class together is: "The Properties of Property." Read pages 1-19 of the casebook (remember the difference between the casebook and textbook). Basically, we're going to ask ourselves, "what is property?" And we'll do that by talking about the story of Yanner v. Eaton, in which the High Court of Australia was called on to interpret the meaning of the word "property" found in a potentially relevant statute. (Actually, whether the statute was or was not relevant to the case depended on the interpretation of the word "property.")
Most of us began to assert our rights to exclude others from particular objects as toddlers. Western society, at least, seems solidly wedded to the idea of "I, Me, Mine". But what does it mean to say something is "mine"? In this class, we'll explore that question. The extracts of Thomas Merrill's article in the casebook lay out a helpful taxonomy of schools of thought about the meaning of property, arguing that it must revolve around the right to exclude. I realize that Merrill makes reference to a number of property scholars who you're likely not familiar with. Sometimes it helps to put faces to names, so you might want to quickly surf through these pages on Blackstone, Honore, Hohfeld, Waldron and Grey. The edited version of Yanner v. Eaton (click on the link to see the whole case and appreciate why we've edited it for you!) gives us a chance to put these scholars' theories, and Merrill's taxonomy, into practice.
In the second class, we'll talk about why we have such a concept as property. Readings are on pages 35-48 of the casebook. The parable of Freddie Feeloader (also the subject of an iconic Miles Davis song) gives us a chance think about some of the reasons that private property rights exist. In that context, again, many of you will be introduced to new names like Bentham, Hardin, de Soto, Posner, Heller, Hegel, Radin, Reich, Nozick, and Locke. Those are just a few of the philosophers and legal scholars whose views on property you'll get to know throughout the course. We're going to dissect the main justificatory theories of private property along 2 broad lines: (1) those that see property as a creature of positive law and (2) those that treat property as a natural or "God-given" right. The former includes utilitarian theories, and perspectives from the sub-discipline of "law and economics" in particular. The latter includes theories premised on labour, personhood, freedom and related grounds.
The third and fourth classes address novel claims. To prepare for our discussion of property rights in information (a class that I've titled "I read the news today, oh boy," after another one of my favourite Beatles tunes) I want you to read pages 48-62 of the casebook. Just from reading the INS and Victoria Park cases you may not appreciate that there are stories about real people and real businesses underlying the decisions. I'll be sure to tell you during class about the fascinating behind-the-scenes history of INS v. AP. For "Biotech & Property in Body Parts," read pages 62-82. You also need to skim the patent at issue in the Moore case (probably never seen a patent before, I'm guessing).
Sandwiched between these classes on novel claims is this lesson's special all-group Monday session, where I happen to be the first guess speaker. I'm going to talk about "Global Knowledge Governance," a topic that looks at ways in which property rights in information -- especially related to science and technology -- impact some of the world's most pressing public policy challenges, like food security, population health, access to edution, cultural participation and economic growth. These sessions take place in FTX 147, 147A and 147B, and are scheduled to run from 16h00 until 18h00.
Chapter 1 is a tough slog, especially if you don't have a background in philosophy or political studies. If you're confused, I'd encourage you to also read Chapter 1 of the supplemental textbook before or after class. It should help you get this stuff. You'll need a firm grasp on these materials to have a good chance of success throughout the rest of the course.
