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
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."
References: View references in EconPapers View complete reference list from CitEc
Citations View citations in EconPapers (1) Track citations by RSS feed
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
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
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
Access Statistics for this article
Canadian Public Policy is currently edited by Herb Emery
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.
Series data maintained by Prof. Werner Antweiler ().