According to economic theory, the clear definition of property rights is essential for well-functioning markets. Comparatively little attention, however, is given to explaining the development of these rights. Economic reasoning suggests that markets themselves call property rights into existence: Persons contract to set up institutions enforcing stable, definite entitlements to scarce resources in order to facilitate investment, production, and exchange. Thus, contracts constituting property rights and institutions precede those contracts dealing with existing property rights; both can be conceived as market transactions made in pursuit of gains. As McCloskey observes, in order to understand the emergence and function of property rights,...