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Agriculture Law

Ann Brower

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When The Law Is Silent, Trespassers W… : Law And Power In Implied Property Rights, Ann Brower Aug 2011

When The Law Is Silent, Trespassers W… : Law And Power In Implied Property Rights, Ann Brower

Ann Brower

In the daftly magical world of Winnie the Pooh, Piglet lives in a house signposted “TRESPASSERS W.” The golden silence that follows the W allows Pooh and his friends to wonder about the sign’s meaning, which Piglet insists honors his grandfather, Trespassers William. Piglet’s grandfather aside, silence in the law allows competing interpretations to arise and flourish in the realms of rhetoric, narrative, power and politics. In this paper we combine interest group politics, political ecology, property theory, and narrative assertion to propose a theory of implied property rights – how they work, whom they benefit, and when and why …