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Losers: Recovering Lost Property in Japan and the United States

By West, Mark D
Publication: Law & Society Review
Date: Sunday, June 1 2003
HEADNOTE

This article examines the lost property regime of Japan, which has one of the most impressive reputations in the world for returning lost property to its rightful owner, and compares it with that of the United States. Folk legend

attributes Japanese lost-and-found success to honesty and other-regarding preferences. In this article, I locus on another possible explanation: legal institutions that efficiently and predictably allocate and enforce possessory rights. These recognized, centuries-old rules mesh with norms, institutional structures, and economic incentives to reinforce mutually the message that each sends and yields more lost-property recovery than altruism alone.

Introduction

This article examines finders' law and recovery of lost property in Japan and the United States. Using a variety of tools-statutory exposition, interviews, new institutional economics analysis, statistics, surveys, and "lost wallet" experiments in which I purposely lost property in Tokyo and New York-I attempt to determine whether and to what extent lost property recovery rates differ, and to disentangle the causal factors that underlie those differences.

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