Property Rights and the Will to Own
Jeremy Bentham famously regarded natural rights as “nonsense on stilts” and taught that property rights are created by law and enforced by courts. Bentham’s view was that “before the laws, there was no property: take away the laws, all property ceases.” Lawyers in the Benthamite tradition accordingly set out to define the state-created nature of property rights and the boundaries of these rights as defined by the courts.