1. Do you think that the law strikes a fair balance between the rights of parties with respect to…

1. Do you think that the law strikes a fair balance between the rights of parties with respect to found property? Why or why not?
2. Do the different standards of care that apply to bailed goods reflect underlying ethical values? If so, how?
3. Do you believe that it is fair for courts to decide whether a regulatory taking has occurred on a case–by-case basis and not to articulate a general rule on which landowners can rely? Why or why not?
4. Should posthumously conceived children have the same inheritance rights as children born during the decedent’s life? Why or why not? How can a balance be struck between the interests of children born during the lifetime of the decedent and those born after the parent’s death?

Property rights have long been given extensive legal protection under both English and U.S. law. In the United States, the right to own property is closely associated with liberty, the pursuit of happiness, and other concepts that have played an integral role in American life. At the same time, conflicts often arise over who owns what and over how property should be used. In this Focus on Ethics feature, we explore some of the ethical dimensions of the laws pertaining to property, insurance, and inheritance.

 

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