University of Toronto Law Journal – Volume 63, Number 1, Winter 2013

University of Toronto Law Journal – Volume 63, Number 1, Winter 2013

Focus Feature: Foxes, Seals, Whales and the Rule of Capture: Animals in the Law and Legal History
The common-law rule on the capture of wild animals is often cited by law and economics scholars to demonstrate the superiority of clear rules over vague or “fuzzy” standards. In countless property law courses, the famous fox hunt case, Pierson v. Post (1805), is used to support the “catch it and kill it if you can” view of property: mere pursuit of a wild animal is insufficient to establish possession. Where “hot pursuit” might have been sufficient according to the sportsman’s custom, escape was always possible, and the law preferred certainty. In this forthcoming focus feature edited by Angela Fernandez (Law, University of Toronto), four scholars spanning law and history challenge this rules v. standards approach to the rule of capture, demonstrating that, understood historically, the situation is much more complicated and interesting – which wild animal, which type of hunting, in what period all turn out to be important. 

Editor’s Note
Angela Fernandez

Animals Accurs’d: Ferae Naturae And The Law Of Property In Nineteenth-Century North America
Christopher Tomlins

The Law Of Capture, Newfoundland-Style
Bruce Ziff

The Judicial Invention Of Property Norms: Ellickson’s Whalemen Revisited
Robert Deal

Fuzzy Rules and Clear Enough Standards: The Uses and Abuses of Pierson V Post
Angela Fernandez

The Entitlements of Unallied Hunters After aSequential Capture
Robert C Ellickson


Inside Property
Hanoch Dagan

Pluralism, Context, and The Internal Life Of Property: A Response To Hanoch Dagan
Lisa M Austin


Law Versus Politics
Rachel E Barkow


Philosophy Of Criminal Law: Selected Essays
Andrew Botterell

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

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