Law, Endowments And Property Rights

Ross Levin explains what accounts for differences in protection of property rights across different societies.

2 minute read

August 10, 2005, 1:00 PM PDT

By Chris Steins @planetizen


"The security of property rights, however, is not a natural occurrence; rather, it is anoutcome of policy choices and social institutions. Any government strong enough to define andenforce property rights is also strong enough to abrogate those rights (North and Weingast,1989). Thus, protection of property rights requires finding a balance between: 1) an activegovernment that enforces property rights, facilitates private contracting, and applies the lawfairly to all, and 2) a government sufficiently constrained that it cannot engage in coercion andexpropriation. This paper describes two views of what leads a society to greater or lesser protection ofproperty rights. The law view stresses that differences in legal traditions formed centuries ago inEurope and spread via conquest, colonization and imitation around the world continue to accountfor cross-country differences in property rights. The endowment view argues that differences innatural resources, climate, the indigenous population, and the disease environment affected theconstruction of institutions and these self-sustaining institutions continue to shape property rightstoday. These views are not mutually exclusive, nor do they exhaust the possible explanations ofcross-country differences in property rights."

Levin sums up his investigation this way:

"Property rights affect individual liberty and national prosperity. While scholars have hypothesized about the sources of variation in property rights for over 2500 years, researchers have begun to test theories empirically only recently. Researchers have made enormous strides in empirically assessing different theories of the determinants of property rights, but these investigations are in their nascent stages. The law and endowment views offer compelling theories of how legal heritage and natural selection endowments shape property rights today. I see no reason to neglect either explanation but believe that considerably more work is needed in each."

[Editor's note: The link below is to a 150KB PDF document.]

Thanks to Peter Gordon's Blog

Tuesday, August 9, 2005 in National Bureau Of Economic Research

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

July 2, 2025 - Mother Jones

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Screenshot of shade map of Buffalo, New York with legend.

Test News Post 1

This is a summary

0 seconds ago - 2TheAdvocate.com

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

18 minutes ago - Mother Jones

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog