What Humpty Dumpty might have said about property rights – and the need to put them back together again: a response to critics

Abstract

AbstractThis is a response to the useful comments by Allen, Barzel and Cole on Hodgson (2015a) on property rights. One section deals with some misrepresentations by Allen and Barzel. For instance, contrary to one interpretation, Hodgson (2015a) did not accuse the ‘economics of property rights’ of ignoring legal institutions or of making them generally irrelevant. This response further clarifies the standard meaning of rights, showing that it is at variance with usages in the ‘economics of property rights’. The issue of moral motivation, and its relevance for legal compliance, are also elaborated. Some arguments in Hodgson (2015a) have been described by critics as mere semantics, but in response it is argued – contrary to philosophical nominalism – that changes in the meanings of words can be analytically significant, and we should treat traditional meanings more seriously, especially when dealing with other disciplines such as law. (The cryptic reference to Humpty Dumpty comes in here). Before concluding, there is also a brief discussion of different ways of interpreting transaction costs.