The Great Property Fallacy: Theory, Reality, and Growth in Developing Countries

Author:   Frank K. Upham
Publisher:   Cambridge University Press
ISBN:  

9781108422833


Pages:   160
Publication Date:   01 February 2018
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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The Great Property Fallacy: Theory, Reality, and Growth in Developing Countries


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Author:   Frank K. Upham
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.50cm , Height: 1.40cm , Length: 23.50cm
Weight:   0.360kg
ISBN:  

9781108422833


ISBN 10:   1108422837
Pages:   160
Publication Date:   01 February 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction; 2. Physics envy: property rights in development theory; 3. Property and markets: England and America; 4. Property and politics: Japan; 5. Law and development without the law part: China; 6. Theory in action: Cambodia; 7. Property rights and social change.

Reviews

Advance praise: 'Is it possible that the widely held belief in well-enforced property rights as essential for economic flourishing is not only unfounded but also potentially dangerous? Drawing on studies of five countries, Frank K. Upham mounts an impressive challenge against a seldom-questioned pillar of development theory. The Great Property Fallacy is a great read, and will cause many to rethink the relation between property law and development.' Mary Ann Glendon, Learned Hand Professor of Law, Harvard University Advance praise: 'In this unprecedented comparative and historical treatise, Frank K. Upham integrates case studies across time and space and provides a coherent, persuasive theory highlighting the destruction of property rights in rapidly changing societies. In a clear, concise manner, The Great Property Fallacy reveals the complexity and contingency of property rights and ushers in a new era of understanding property rights in development. It will serve as a foundational work for years to come.' Shitong Qiao, The University of Hong Kong Advance praise: 'Frank K. Upham's book provides a critical, compelling evaluation of the conventional wisdom among many law-and-development scholars and aid-and-development agencies: namely, that formalization of private property rights, especially to land, enforced by a strong, competent, and politically independent judiciary, is an indispensable element in effective growth strategies for developing countries. Through highly illuminating case studies from both developed and developing countries (including China), Upham challenges this conventional wisdom by showing that property rights regimes are highly context-specific and idiosyncratic, and that no single model is a precondition for economic development.' Michael Trebilcock, University of Toronto


'Is it possible that the widely held belief in well-enforced property rights as essential for economic flourishing is not only unfounded but also potentially dangerous? Drawing on studies of five countries, Frank K. Upham mounts an impressive challenge against a seldom-questioned pillar of development theory. The Great Property Fallacy is a great read, and will cause many to rethink the relation between property law and development.' Mary Ann Glendon, Learned Hand Professor of Law, Harvard University, Massachusetts 'In this unprecedented comparative and historical treatise, Frank K. Upham integrates case studies across time and space and provides a coherent, persuasive theory highlighting the destruction of property rights in rapidly changing societies. In a clear, concise manner, The Great Property Fallacy reveals the complexity and contingency of property rights and ushers in a new era of understanding property rights in development. It will serve as a foundational work for years to come.' Shitong Qiao, The University of Hong Kong 'Frank K. Upham's book provides a critical, compelling evaluation of the conventional wisdom among many law-and-development scholars and aid-and-development agencies: namely, that formalization of private property rights, especially to land, enforced by a strong, competent, and politically independent judiciary, is an indispensable element in effective growth strategies for developing countries. Through highly illuminating case studies from both developed and developing countries (including China), Upham challenges this conventional wisdom by showing that property rights regimes are highly context-specific and idiosyncratic, and that no single model is a precondition for economic development.' Michael Trebilcock, University of Toronto 'Frank Upham's book, written by a law professor and sometime World Bank consultant, is ... a passionate, personal cri de coeur based on the author's own observations about the missteps committed by those who seek to advance economic development by advancing property rights.' Jose E. Alvarez, American Journal of International Law 'Is it possible that the widely held belief in well-enforced property rights as essential for economic flourishing is not only unfounded but also potentially dangerous? Drawing on studies of five countries, Frank K. Upham mounts an impressive challenge against a seldom-questioned pillar of development theory. The Great Property Fallacy is a great read, and will cause many to rethink the relation between property law and development.' Mary Ann Glendon, Learned Hand Professor of Law, Harvard University 'In this unprecedented comparative and historical treatise, Frank K. Upham integrates case studies across time and space and provides a coherent, persuasive theory highlighting the destruction of property rights in rapidly changing societies. In a clear, concise manner, The Great Property Fallacy reveals the complexity and contingency of property rights and ushers in a new era of understanding property rights in development. It will serve as a foundational work for years to come.' Shitong Qiao, The University of Hong Kong 'Frank K. Upham's book provides a critical, compelling evaluation of the conventional wisdom among many law-and-development scholars and aid-and-development agencies: namely, that formalization of private property rights, especially to land, enforced by a strong, competent, and politically independent judiciary, is an indispensable element in effective growth strategies for developing countries. Through highly illuminating case studies from both developed and developing countries (including China), Upham challenges this conventional wisdom by showing that property rights regimes are highly context-specific and idiosyncratic, and that no single model is a precondition for economic development. A mandatory read for scholars and policymakers concerned with law and development.' Michael Trebilcock, University of Toronto 'Frank Upham's book, written by a law professor and sometime World Bank consultant, is ... a passionate, personal cri de coeur based on the author's own observations about the missteps committed by those who seek to advance economic development by advancing property rights.' Jose E. Alvarez, American Journal of International Law


Author Information

Frank K. Upham is the Wilf Family Professor of Property Law at New York University School of Law. He teaches Property, Law and Development and various courses on Japanese and Chinese law and society. His book, Law and Social Change in Postwar Japan (1987), won the Thomas J. Wilson Prize from Harvard University Press. In addition to having taught property law for over 30 years at several American law schools, he has taught in Argentina, China, Israel, Japan, and Taiwan. Upham has also worked as a World Bank consultant on the reform of property law in Southeast Asia.

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