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Ambiguous Property Rights: A Taxonomic and Exploratory Account of Post-colonial Rural Housing in Chinese Hong Kong

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  • Lawrence Lai
  • Frank Lorne

Abstract

This paper explains the nature of David Li’s concept of ambiguous property rights and three angles to see right ambiguity from a Coasian-constrained choice-theoretical perspective and elaborate on that ambiguity in terms of five scenarios of de jure and de facto rights. The case of indigenous village housing in post-colonial Hong Kong under a mature system of the rule of law is used to demonstrate the ambiguities due to a gap between de jure and de facto property rights that may not degenerate into anarchy due to rational choices made under common law constraints driven ultimately by the land market. The implications of the case study for evaluating ambiguities in property rights in China are also discussed.

Suggested Citation

  • Lawrence Lai & Frank Lorne, 2014. "Ambiguous Property Rights: A Taxonomic and Exploratory Account of Post-colonial Rural Housing in Chinese Hong Kong," Urban Studies, Urban Studies Journal Limited, vol. 51(10), pages 2052-2067, August.
  • Handle: RePEc:sae:urbstu:v:51:y:2014:i:10:p:2052-2067
    DOI: 10.1177/0042098013505924
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    References listed on IDEAS

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    1. Zerbe, Richard O. & Anderson, C. Leigh, 2001. "Culture And Fairness In The Development Of Institutions In The California Gold Fields," The Journal of Economic History, Cambridge University Press, vol. 61(1), pages 114-143, March.
    2. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    3. Cheung, Steven N S, 1974. "A Theory of Price Control," Journal of Law and Economics, University of Chicago Press, vol. 17(1), pages 53-71, April.
    4. Barzel,Yoram, 1997. "Economic Analysis of Property Rights," Cambridge Books, Cambridge University Press, number 9780521597135, February.
    5. Donald J. Boudreaux & Randall G. Holcombe, 1989. "Government By Contract," Public Finance Review, , vol. 17(3), pages 264-280, July.
    6. Umbeck, John, 1981. "Might Makes Rights: A Theory of the Formation and Initial Distribution of Property Rights," Economic Inquiry, Western Economic Association International, vol. 19(1), pages 38-59, January.
    7. David D. Li, 1996. "A Theory of Ambiguous Property Rights in Transition Economies: The Case of the Chinese Non-State Sector," William Davidson Institute Working Papers Series 8, William Davidson Institute at the University of Michigan.
    8. Alex Robson & Stergios Skaperdas, 2008. "Costly enforcement of property rights and the Coase theorem," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 36(1), pages 109-128, July.
    9. Galiani, Sebastian & Schargrodsky, Ernesto, 2010. "Property rights for the poor: Effects of land titling," Journal of Public Economics, Elsevier, vol. 94(9-10), pages 700-729, October.
    10. Nhat Le, 2004. "Contingent delegation and ambiguous property rights: The case of China's Reform," Annals of Economics and Statistics, GENES, issue 75-76, pages 309-329.
    11. repec:adr:anecst:y:2004:i:75-76:p:15 is not listed on IDEAS
    12. Jiahua Che & Yingyi Qian, 1998. "Insecure Property Rights and Government Ownership of Firms," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 113(2), pages 467-496.
    13. Gary H. Jefferson & Thomas G. Rawski, 2002. "China's emerging market for property rights: Theoretical and empirical perspectives1," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 10(3), pages 585-617, November.
    14. Tian, Guoqiang, 2000. "Property Rights and the Nature of Chinese Collective Enterprises," Journal of Comparative Economics, Elsevier, vol. 28(2), pages 247-268, June.
    15. Umbeck, John, 1977. "The California gold rush: A study of emerging property rights," Explorations in Economic History, Elsevier, vol. 14(3), pages 197-226, July.
    16. Jieming Zhu, 2002. "Urban Development under Ambiguous Property Rights: A Case of China’s Transition Economy," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 26(1), pages 41-57, March.
    17. repec:bla:etrans:v:10:y:2002-11:i:3:p:586-617 is not listed on IDEAS
    18. Li, David D., 1996. "A Theory of Ambiguous Property Rights in Transition Economies: The Case of the Chinese Non-State Sector," Journal of Comparative Economics, Elsevier, vol. 23(1), pages 1-19, August.
    19. Kim, Annette M., 2007. "North versus South: The Impact of Social Norms in the Market Pricing of Private Property Rights in Vietnam," World Development, Elsevier, vol. 35(12), pages 2079-2095, December.
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