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Mine!

11 min

How the Hidden Rules of Ownership Control Our Lives

Introduction

Narrator: A United Airlines flight from Newark to Denver becomes the stage for a modern conflict. In row 12, a businessman named James Beach, needing to work on his laptop, attaches a small plastic device called a Knee Defender to his tray table. This gadget locks the seat in front of him, preventing it from reclining. When the woman in row 11 tries to lean back, she finds her seat stuck. A flight attendant asks Beach to remove the device, but he refuses. The woman, furious, throws a cup of water at him. The conflict escalates so quickly that the pilot has no choice but to divert the plane, making an emergency landing in Chicago where both passengers are removed.

This incident, which seems like a simple dispute over etiquette, is actually a battle over ownership. Who owns the two inches of space behind a reclining seat? The person who wants to lean back, or the person whose knees are in the way? In their book, Mine!: How the Hidden Rules of Ownership Control Our Lives, law professors Michael Heller and James Salzman reveal that this is just one of countless invisible ownership battles that shape our world. They argue that ownership is not a fixed law of nature but a set of six competing stories we tell ourselves, and understanding these stories is the key to decoding who gets what and why.

All Ownership Is a Storytelling Battle

Key Insight 1

Narrator: At its core, every conflict over a resource—whether it’s a rocking chair, a parking spot, or the rights to a song—is a battle between a few simple, competing narratives. Heller and Salzman identify six fundamental ownership stories. First-in-time says the first person there gets it. Possession argues that control equals ownership. Labor claims that if you worked for it, it’s yours. Attachment suggests that what’s connected to your property is also yours. Self-ownership asserts control over one's own body. And family dictates that resources are passed down through inheritance or marriage.

The problem is that these stories often clash. Consider the case of a simple rocking chair left by Burr McDowell to his two adult children, Arthur and Mildred. Arthur took the chair first (possession), but Mildred felt she had an equal claim (family). When they couldn't agree, they went to court. The judge had to choose an ownership story. He could have flipped a coin, auctioned it, or given it to the first possessor. Instead, he chose a solution that locked them together: he ordered them to shuttle the chair between their homes every six months until one of them died. This decision highlights a crucial point: there is no single "correct" answer. Every ownership decision is a choice between competing stories, and that choice encodes a set of values about what society deems most important.

The Myth of 'First Come, First Served'

Key Insight 2

Narrator: The idea of "first in time, first in right" feels like one of the fairest rules. However, in the modern world, this principle is constantly being undermined by money and technology. For high-profile Supreme Court cases, the public seats are technically free and available to whoever gets in line first. But this has spawned a "line-standing" industry, where companies hire homeless individuals to wait for days, only to be replaced at the last minute by wealthy lobbyists who pay thousands for the spot. The first-in-time rule is converted into a system where the richest, not the earliest, get access.

Technology accelerates this erosion of fairness. When tickets for the musical Hamilton went on sale, they were gone in seconds. It wasn't because thousands of fans were incredibly fast typists. Instead, scalpers used sophisticated bots to buy up the entire inventory, later reselling the tickets at astronomical markups. The bots were "first," but only because technology allowed them to cheat the system. These examples show that the definition of "first" is not a fact, but a social choice—one that is increasingly being designed to favor those with resources.

The Primal Power of Possession

Key Insight 3

Narrator: The saying "possession is nine-tenths of the law" reflects a deep human instinct. Physically holding or controlling something creates a powerful sense of ownership. This is vividly illustrated by the "parking chair" phenomenon in snowy cities like Boston and Chicago. After a blizzard, residents who spend hours shoveling out a parking spot on a public street will place a lawn chair or cone to "save" it. They are asserting ownership through labor and possession. Anyone who dares to move the chair and take the spot risks a hostile note, slashed tires, or a broken windshield.

This instinct is so powerful it creates what economists call the "endowment effect." In a famous experiment, students given a free coffee mug demanded, on average, $5.78 to sell it. But students who weren't given a mug were only willing to pay $2.21 to buy one. The mere act of possessing the mug more than doubled its perceived value. This primal attachment to what we hold explains why we fight so fiercely over things we consider ours, even when the law is not on our side.

The Double-Edged Sword of Labor and Attachment

Key Insight 4

Narrator: The story of "you reap what you sow" is a powerful justification for ownership, especially for creative work. Yet, it can lead to what the authors call "ownership gridlock." After Martin Luther King Jr.'s death, his estate copyrighted his speeches. While this rewards his intellectual labor, it has created bizarre outcomes. The estate sued a documentary for using news footage of the "I Have a Dream" speech and licensed the speech for a Dodge Ram truck commercial during the Super Bowl, sparking outrage. When ownership is too strong, it can stifle access to culture and lead to results that seem to contradict the creator's original intent.

Similarly, the principle of attachment—that you own what’s connected to your property—is constantly being tested. When a man in Kentucky shot down a drone flying over his backyard, he was asserting an ancient right to the airspace above his land. But where does his property end and public airspace begin? The law is still catching up. This conflict between a homeowner's attachment to their "castle" and a drone operator's freedom to fly shows how technology forces us to redraw the boundaries of ownership.

The Contested Ownership of Our Bodies

Key Insight 5

Narrator: Perhaps the most complex ownership battle is over our own bodies. Self-ownership is the foundation of freedom, but society draws blurry and inconsistent lines around what parts of ourselves can be sold. In the United States, it is illegal to sell a kidney. This led to a black market run by figures like Levy Rosenbaum, who brokered illegal transplants by paying vulnerable donors a small fee and charging desperate recipients up to $160,000. He was hailed as a hero by some and a criminal by prosecutors.

At the same time, it is perfectly legal for a woman like Wendy Gerrish to sell her eggs for $20,000 per cycle, with premier donors earning far more. The market for eggs is legal, while the market for kidneys is not. This reflects a societal "dimmer switch" rather than an on/off button for commodification. We allow markets for some body parts and capacities (eggs, sperm, surrogacy) but not others (organs, sex). These choices are not fixed; they are constantly debated and reflect our evolving values about what is sacred and what can be profane.

How Inheritance Rules Create an Aristocracy

Key Insight 6

Narrator: Family is a primary channel for transferring ownership, but the rules of inheritance can have devastating consequences. In the century after the Civil War, millions of acres of farmland owned by Black families were lost. A major cause was "heir property"—when an owner dies without a will, the land is split among all heirs. After a few generations, a single farm can have dozens of co-owners. Under partition laws, any single heir can force a sale of the entire property, which often goes to outside developers or corporations at a fraction of its value. This legal structure has systematically stripped wealth from Black communities.

Meanwhile, the ultra-wealthy are using different legal structures to concentrate wealth. States like South Dakota have abolished laws preventing perpetual trusts, becoming tax havens for "dynasty trusts." These allow families to pass down billions of dollars for generations without ever paying estate taxes or being subject to creditors. While one set of ownership rules fragments the property of the poor, another solidifies the fortunes of the rich, creating a new American aristocracy that is fundamentally at odds with the nation's ideals of equality.

Conclusion

Narrator: The single most important takeaway from Mine! is that ownership is not a fact to be discovered but a choice to be made. It is a powerful and invisible social engineering tool, a remote control that steers our behavior. The six simple stories—first, possession, labor, attachment, self, and family—are the building blocks of every ownership claim, from the airplane armrest to the global climate.

The ultimate challenge the book leaves us with is to become aware of these hidden rules. In any conflict, we must ask: Whose ownership story is being told? Who is controlling the narrative, and for what purpose? By understanding the architecture of ownership, we can move from being passive subjects of these rules to active participants in designing a world that is not only more efficient but also more just and equitable for everyone.

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