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The Property 'Instinct'
Jeffrey Evans Stake
Philosophical Transactions: Biological Sciences
Vol. 359, No. 1451, Law and the Brain (Nov. 29, 2004), pp. 1763-1774
Published by: Royal Society
Stable URL: http://www.jstor.org/stable/4142161
Page Count: 12
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Evolutionary theory and empirical studies suggest that many animals, including humans, have a genetic predisposition to acquire and retain property. This is hardly surprising because survival is closely bound up with the acquisition of things: food, shelter, tools and territory. But the root of these general urges may also run to quite specific and detailed rules about property acquisition, retention and disposition. The great variation in property-related behaviours across species may mask some important commonalities grounded in adaptive utility. Experiments and observations in the field and laboratory suggest that the legal rules of temporal priority and possession are grounded in what were evolutionarily stable strategies in the ancestral environment. Moreover, the preferences that humans exhibit in disposing of their property on their deaths, both by dispositions made in wills and by the laws of intestacy, tend to advance reproductive success as a result of inclusive fitness pay-offs.
Philosophical Transactions: Biological Sciences © 2004 Royal Society