University of Toronto Law Journal – Volume 63, Number 1, Winter 2013
posted by University of Toronto Law Journal
University of Toronto Law Journal – Volume 63, Number 1, Winter 2013
Focus Feature: Foxes, Seals, Whales and the Rule of Capture: Animals in the Law and Legal History
The common-law rule on the capture of wild animals is often cited by law and economics scholars to demonstrate the superiority of clear rules over vague or “fuzzy” standards. In countless property law courses, the famous fox hunt case, Pierson v. Post (1805), is used to support the “catch it and kill it if you can” view of property: mere pursuit of a wild animal is insufficient to establish possession. Where “hot pursuit” might have been sufficient according to the sportsman’s custom, escape was always possible, and the law preferred certainty. In this forthcoming focus feature edited by Angela Fernandez (Law, University of Toronto), four scholars spanning law and history challenge this rules v. standards approach to the rule of capture, demonstrating that, understood historically, the situation is much more complicated and interesting – which wild animal, which type of hunting, in what period all turn out to be important.
Editor’s Note
Angela Fernandez
Animals Accurs’d: Ferae Naturae And The Law Of Property In Nineteenth-Century North America
Christopher Tomlins
The Law Of Capture, Newfoundland-Style
Bruce Ziff
The Judicial Invention Of Property Norms: Ellickson’s Whalemen Revisited
Robert Deal
Fuzzy Rules and Clear Enough Standards: The Uses and Abuses of Pierson V Post
Angela Fernandez
The Entitlements of Unallied Hunters After aSequential Capture
Robert C Ellickson
LECTURE AND COMMENTARY
Inside Property
Hanoch Dagan
Pluralism, Context, and The Internal Life Of Property: A Response To Hanoch Dagan
Lisa M Austin
REVIEW ARTICLE
Law Versus Politics
Rachel E Barkow
BOOK REVIEW
Philosophy Of Criminal Law: Selected Essays
Andrew Botterell
Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.
February 14, 2013 at 2:13 pm
Posted in: Law Rev (Toronto), Law Rev Contents
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