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1
Pierson v. Post
Majority-
-Hot Pursuit Enough
-Pierson wins b/c he shot him first
-Deprived animal of natural liberty
-Certainty important to our society
Dissent-
-Death of a fox is a matter of public interest (noxious beast)
-What everyone does is important (instrumentalist- current custom important)
-No answer based on mechanics, so look at past custom (formalism-look at history to find answer)
Argue both sides for all 5 theories of property
1. First Come, First Serve
2. Personhood
3. Utilitarianism
4. Lockean Labor Theory
5. Civic Republicanism
-Hot Pursuit Enough
-Pierson wins b/c he shot him first
-Deprived animal of natural liberty
-Certainty important to our society
Dissent-
-Death of a fox is a matter of public interest (noxious beast)
-What everyone does is important (instrumentalist- current custom important)
-No answer based on mechanics, so look at past custom (formalism-look at history to find answer)
Argue both sides for all 5 theories of property
1. First Come, First Serve
2. Personhood
3. Utilitarianism
4. Lockean Labor Theory
5. Civic Republicanism
