Aboriginal Property Rights in Canada: A Contractarian Interpretation of R. v. Sparrow

Kenneth L. Avio

Canadian Public Policy, 1994, vol. 20, issue 4, 415-429

Abstract: This paper attempts to sketch a coherent economic account of aboriginal property rights as implied in Sparrow. The qualitative characteristics of such rights are discussed and evaluated from the contractarian perspective of James Buchanan. Inalienability is examined in the context of an aboriginal right to fish. The public-good nature of cultural identity and the corresponding free-rider problem are seen to rationalise the proscription of a commercial aspect to this right. The paper legitimises the posited characteristics as the reasoned outcome of hypothetical bargaining, given the historical goals and threat values of the Crown and aboriginal peoples, and assuming "communicative rationality."

Date: 1994
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
http://links.jstor.org/sici?sici=0317-0861%2819941 ... PRICA%3E2.0.CO%3B2-I (text/html)
only available to JSTOR subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cpp:issued:v:20:y:1994:i:4:p:415-429

Ordering information: This journal article can be ordered from
https://www.utpjournals.com/loi/cpp/

Access Statistics for this article

Canadian Public Policy is currently edited by Prof. Mike Veall

More articles in Canadian Public Policy from University of Toronto Press University of Toronto Press Journals Division 5201 Dufferin Street Toronto, Ontario, Canada M3H 5T8.
Bibliographic data for series maintained by Iver Chong ( this e-mail address is bad, please contact ).