Henry E. Smith on Property

Henry E. Smith is one of the premier critics of the bundle-of-rights view of property. In this podcast he discusses the nature of property, highlighting the core feature: a presumptive exclusion. He discusses some of the problems with the bundle-of-rights view, highlighting information costs and the forsaking of the core feature of exclusion. Smith is one of nine scholars who contribute to the EJW symposium on the “bundle” view. (Link to his contribution)