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53 books about Property
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53 books about Property
American Property
A History of How, Why, and What We Own
Stuart Banner
Harvard University Press, 2011
What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. From indigenous culture to our genes, from one’s celebrity to Internet content, American Property reveals how our ideas of ownership evolve to suit our ever-changing needs.
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Banking on the Body
The Market in Blood, Milk, and Sperm in Modern America
Kara W. Swanson
Harvard University Press, 2014
Each year Americans supply blood, sperm, and breast milk to "banks" that store these products for use by strangers in medical procedures. Who gives, who receives, who profits? Kara Swanson traces body banks from the first experiments that discovered therapeutic uses for body products to current websites that facilitate a thriving global exchange.
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Bankrupts and Usurers of Imperial Russia
Debt, Property, and the Law in the Age of Dostoevsky and Tolstoy
Sergei Antonov
Harvard University Press, 2016
As readers of Russian literature know, the nineteenth century was a time of pervasive financial anxiety. Russians of all classes were enmeshed in networks of credit and debt, and borrowing and lending shaped perceptions of material and moral worth. Sergei Antonov recreates this imperial world of borrowers, bankrupts, lenders, and loan sharks.
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Black Property Owners in the South, 1790-1915
Loren Schweninger
University of Illinois Press, 1990
Property ownership has been a traditional means for African Americans to gain recognition and enter the mainstream of American life. This landmark study documents this significant, but often overlooked, aspect of the black experience from the late eighteenth century to World War I.
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Bounded People, Boundless Lands
Envisioning A New Land Ethic
Eric T. Freyfogle
Island Press, 1998
What right do humans have to claim sovereignty over the land, to build fences and set boundaries when nature itself recognizes no such boundaries? Is there hope for a new land ethic that is less destructive toward the land, that views nature as something to be valued and nurtured rather than exploited and "developed"?One of the main challenges of contemporary environmentalism is to find a lasting, more ethical way for people to live on the planet. In Bounded People, Boundless Lands, legal scholar Eric T. Freyfogle asks a series of pointed and challenging questions about the human quest for ecological harmony. Deftly interweaving moral and ethical considerations with case studies and real-life situations, Freyfogle provides a deep philosophical examination of personal responsibility and the dominion of human beings over the earth. He raises provocative questions about private property rights, responsible land ownership, the rights of wildlife, and ecological health. Although the questions that Freyfogle asks are not new, they are presented in the context of contemporary events, often connected to legal cases, which allows him to bring age-old issues up to date, and to make direct connections between abstract concepts and our own lives.Throughout, Freyfogle questions the way human beings envision the land, thinking they can claim nature as their own, and criticizes market approaches to valuing and using nature. As an introduction to land ethics, but one that embraces environmental, legal, and philosophical arguments, Bounded People, Boundless Lands is a unique contribution to the environmental literature.
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Building a Revolutionary State
The Legal Transformation of New York, 1776-1783
Howard Pashman
University of Chicago Press, 2018
How does a popular uprising transform itself from the disorder of revolution into a legal system that carries out the daily administration required to govern? Americans faced this question during the Revolution as colonial legal structures collapsed under the period’s disorder. Yet by the end of the war, Americans managed to rebuild their courts and legislatures, imbuing such institutions with an authority that was widely respected. This remarkable transformation came about in unexpected ways. Howard Pashman here studies the surprising role played by property redistribution—seizing it from Loyalists and transferring it to supporters of independence—in the reconstruction of legal order during the Revolutionary War.
Building a Revolutionary State looks closely at one state, New York, to understand the broader question of how legal structures emerged from an insurgency. By examining law as New Yorkers experienced it in daily life during the war, Pashman reconstructs a world of revolutionary law that prevailed during America’s transition to independence. In doing so, Pashman explores a central paradox of the revolutionary era: aggressive enforcement of partisan property rules actually had stabilizing effects that allowed insurgents to build legal institutions that enjoyed popular support. Tracing the transformation from revolutionary disorder to legal order, Building a New Revolutionary State gives us a radically fresh way to understand the emergence of new states.
Building a Revolutionary State looks closely at one state, New York, to understand the broader question of how legal structures emerged from an insurgency. By examining law as New Yorkers experienced it in daily life during the war, Pashman reconstructs a world of revolutionary law that prevailed during America’s transition to independence. In doing so, Pashman explores a central paradox of the revolutionary era: aggressive enforcement of partisan property rules actually had stabilizing effects that allowed insurgents to build legal institutions that enjoyed popular support. Tracing the transformation from revolutionary disorder to legal order, Building a New Revolutionary State gives us a radically fresh way to understand the emergence of new states.
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Capital and Ideology
Thomas Piketty
Harvard University Press, 2020
A New York Times Bestseller
An NPR Best Book of the Year
The epic successor to one of the most important books of the century: at once a retelling of global history, a scathing critique of contemporary politics, and a bold proposal for a new and fairer economic system.
Thomas Piketty’s bestselling Capital in the Twenty-First Century galvanized global debate about inequality. In this audacious follow-up, Piketty challenges us to revolutionize how we think about politics, ideology, and history. He exposes the ideas that have sustained inequality for the past millennium, reveals why the shallow politics of right and left are failing us today, and outlines the structure of a fairer economic system.
Our economy, Piketty observes, is not a natural fact. Markets, profits, and capital are all historical constructs that depend on choices. Piketty explores the material and ideological interactions of conflicting social groups that have given us slavery, serfdom, colonialism, communism, and hypercapitalism, shaping the lives of billions. He concludes that the great driver of human progress over the centuries has been the struggle for equality and education and not, as often argued, the assertion of property rights or the pursuit of stability. The new era of extreme inequality that has derailed that progress since the 1980s, he shows, is partly a reaction against communism, but it is also the fruit of ignorance, intellectual specialization, and our drift toward the dead-end politics of identity.
Once we understand this, we can begin to envision a more balanced approach to economics and politics. Piketty argues for a new “participatory” socialism, a system founded on an ideology of equality, social property, education, and the sharing of knowledge and power. Capital and Ideology is destined to be one of the indispensable books of our time, a work that will not only help us understand the world, but that will change it.
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Colonial Lives of Property
Law, Land, and Racial Regimes of Ownership
Brenna Bhandar
Duke University Press, 2018
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
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Commodity & Propriety
Competing Visions of Property in American Legal Thought, 1776-1970
Gregory S. Alexander
University of Chicago Press, 1997
Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships.
In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
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Controlling Voices
Intellectual Property, Humanistic Studies, and the Internet
TyAnna K. Herrington. Foreword by Jay David Bolter
Southern Illinois University Press, 2001
TyAnna K. Herrington explains current intellectual property law and examines the effect of the Internet and ideological power on its interpretation. Promoting a balanced development of our national culture, she advocates educators’ informed participation in ensuring egalitarian public access to information. She discusses the control of information and the creation of knowledge in terms of the way control functions under current property law.
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The Culture of Property
The Crisis of Liberalism in Modern Britain
Jordanna Bailkin
University of Chicago Press, 2004
What kind of property is art? Is it property at all? Jordanna Bailkin's The Culture of Property offers a new historical response to these questions, examining ownership disputes over art objects and artifacts during the crisis of liberalism in the United Kingdom. From the 1870s to the 1920s, Britons fought over prized objects from ancient gold ornaments dug up in an Irish field to a portrait of the Duchess of Milan at the National Gallery in London. They fought to keep these objects in Britain, to repatriate them to their points of origin, and even to destroy them altogether. Bailkin explores these disputes in order to investigate the vexed status of property within modern British politics as well as the often surprising origins of ongoing institutional practices. Bailkin's detailed account of these struggles illuminates the relationship between property and citizenship, which has constituted the heart of liberal politics as well as its greatest weakness.
Drawing on court transcripts, gallery archives, exhibition reviews, private correspondence—and a striking series of cartoons and photographs—The Culture of Property traverses the history of gender, material culture, urban life, colonialism, Irish and Scottish nationalism, and British citizenship. This fascinating book challenges recent scholarship in museum studies in light of ongoing culture wars. It should be required reading for cultural policy makers, museum professionals, and anyone interested in the history of art and Britain.
Drawing on court transcripts, gallery archives, exhibition reviews, private correspondence—and a striking series of cartoons and photographs—The Culture of Property traverses the history of gender, material culture, urban life, colonialism, Irish and Scottish nationalism, and British citizenship. This fascinating book challenges recent scholarship in museum studies in light of ongoing culture wars. It should be required reading for cultural policy makers, museum professionals, and anyone interested in the history of art and Britain.
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Design for Liberty
Private Property, Public Administration, and the Rule of Law
Richard A. Epstein
Harvard University Press, 2011
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees.
In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation.
Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
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For a Proper Home
Housing Rights in the Margins of Urban Chile, 1960-2010
Edward Murphy
University of Pittsburgh Press, 2015
From 1967 to 1973, a period that culminated in the socialist project of Salvador Allende, nearly 400,000 low-income Chileans illegally seized parcels of land on the outskirts of Santiago. Remarkably, today almost all of these individuals live in homes with property titles. As Edward Murphy shows, this transformation came at a steep price, through an often-violent political and social struggle that continues to this day.
In analyzing the causes and consequences of this struggle, Murphy reveals a crucial connection between homeownership and understandings of proper behavior and governance. This link between property and propriety has been at the root of a powerful, contested urban politics central to both social activism and urban development projects. Through projects of reform, revolution, and reaction, a right to housing and homeownership has been a significant symbol of governmental benevolence and poverty reduction. Under Pinochet’s neoliberalism, subsidized housing and slum eradication programs displaced many squatters, while awarding them homes of their own. This process, in addition to ongoing forms of activism, has permitted the vast majority of squatters to live in homes with property titles, a momentous change of the past half-century.
This triumph is tempered by the fact that today the urban poor struggle with high levels of unemployment and underemployment, significant debt, and a profoundly segregated and hostile urban landscape. They also find it more difficult to mobilize than in the past, and as homeowners they can no longer rally around the cause of housing rights.
Citing cultural theorists from Marx to Foucault, Murphy directly links the importance of home ownership and property rights among Santiago’s urban poor to definitions of Chilean citizenship and propriety. He explores how the deeply embedded liberal belief system of individual property ownership has shaped political, social, and physical landscapes in the city. His approach sheds light on the role that social movements and the gendered contours of home life have played in the making of citizenship. It also illuminates processes through which squatters have received legally sanctioned homes of their own, a phenomenon of critical importance in cities throughout much of Latin America and the Global South.
In analyzing the causes and consequences of this struggle, Murphy reveals a crucial connection between homeownership and understandings of proper behavior and governance. This link between property and propriety has been at the root of a powerful, contested urban politics central to both social activism and urban development projects. Through projects of reform, revolution, and reaction, a right to housing and homeownership has been a significant symbol of governmental benevolence and poverty reduction. Under Pinochet’s neoliberalism, subsidized housing and slum eradication programs displaced many squatters, while awarding them homes of their own. This process, in addition to ongoing forms of activism, has permitted the vast majority of squatters to live in homes with property titles, a momentous change of the past half-century.
This triumph is tempered by the fact that today the urban poor struggle with high levels of unemployment and underemployment, significant debt, and a profoundly segregated and hostile urban landscape. They also find it more difficult to mobilize than in the past, and as homeowners they can no longer rally around the cause of housing rights.
Citing cultural theorists from Marx to Foucault, Murphy directly links the importance of home ownership and property rights among Santiago’s urban poor to definitions of Chilean citizenship and propriety. He explores how the deeply embedded liberal belief system of individual property ownership has shaped political, social, and physical landscapes in the city. His approach sheds light on the role that social movements and the gendered contours of home life have played in the making of citizenship. It also illuminates processes through which squatters have received legally sanctioned homes of their own, a phenomenon of critical importance in cities throughout much of Latin America and the Global South.
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From Property to Family
American Dog Rescue and the Discourse of Compassion
Andrei S. Markovits and Katherine N. Crosby
University of Michigan Press, 2014
In the wake of the considerable cultural changes and social shifts that the United States and all advanced industrial democracies have experienced since the late 1960s and early 1970s, social discourse around the disempowered has changed in demonstrable ways. In From Property to Family: American Dog Rescue and the Discourse of Compassion, Andrei Markovits and Katherine Crosby describe a “discourse of compassion” that actually alters the way we treat persons and ideas once scorned by the social mainstream. This “culture turn” has also affected our treatment of animals inaugurating an accompanying “animal turn”. In the case of dogs, this shift has increasingly transformed the discursive category of the animal from human companion to human family member. One of the new institutions created by this attitudinal and behavioral change towards dogs has been the breed specific canine rescue organization, examples of which have arisen all over the United States beginning in the early 1980s and massively proliferating in the 1990s and subsequent years. While the growing scholarship on the changed dimension of the human-animal relationship attests to its social, political, moral and intellectual salience to our contemporary world, the work presented in Markovits and Crosby’s book constitutes the first academic research on the particularly important institution of breed specific dog rescue.
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Games of Property
Law, Race, Gender, and Faulkner's Go Down, Moses
Thadious M. Davis
Duke University Press, 2003
In Games of Property, distinguished critic Thadious M. Davis provides a dazzling new interpretation of William Faulkner’s Go Down, Moses. Davis argues that in its unrelenting attention to issues related to the ownership of land and people, Go Down, Moses ranks among Faulkner’s finest and most accomplished works. Bringing together law, social history, game theory, and feminist critiques, she shows that the book is unified by games—fox hunting, gambling with cards and dice, racing—and, like the law, games are rule-dependent forms of social control and commentary. She illuminates the dual focus in Go Down, Moses on property and ownership on the one hand and on masculine sport and social ritual on the other. Games of Property is a masterful contribution to understandings of Faulkner’s fiction and the power and scope of property law.
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Gender, Work and Property
An Ethnographic Study of Value in a Spanish Village
Nancy Konvalinka
Campus Verlag, 2013
Why do young men born in many small villages in Spain tend, at the end of the twentieth century, to stay there to live, often remaining unmarried, while young women from the same villages tend to leave? In Gender, Work, and Property, Nancy Konvalinka explores this phenomenon using the case of one small village in northwestern Spain, and she extrapolates her findings there to understand similar processes elsewhere in Europe.
The changes in this village are analyzed and documented through long-term ethnographic research, participant observation, interviews, kinship diagrams, life-course models, and archive study in order to help bring the village alive for the reader.
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The Global Debate over Constitutional Property
Lessons for American Takings Jurisprudence
Gregory S. Alexander
University of Chicago Press, 2006
Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property.
A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.
A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.
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The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
[more]
The Grasping Hand
"Kelo v. City of New London" and the Limits of Eminent Domain
Ilya Somin
University of Chicago Press, 2015
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed.
Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
[more]
Her Day in Court
Women’s Property Rights in Fifteenth-Century Granada
Maya Shatzmiller
Harvard University Press, 2007
This book is a study of the historical record of Muslim women's property rights and equity. Based on Islamic court documents of fifteenth-century Granada--documents that show a high degree of women's involvement--the book examines women's legal entitlements to acquire property as well as the social and economic significance of these rights to Granada's female population and, by extension, to women in other Islamic societies.
The microhistory of women's property rights is placed in a comparative historical, social, and economic context and is examined using a theoretical framework that suggests how this book's conclusions might coexist with the Islamic feminist discourse on the law as a patriarchal system, serving to highlight both the uniqueness and the limitations of the Islamic case. The specifics presented in the case studies reveal the broader structures, constructs, rules, conditions, factors, and paradigms that shaped women's property rights under Islamic law. They show that women's property rights were more than just part of a legal system; they were the product of a legal philosophy and a pervasive paradigm that made property ownership a normal construct of the Muslim woman's legal persona and a norm of her existence.
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The House in the Rue Saint-Fiacre
A Social History of Property in Revolutionary Paris
H. B. Callaway
Harvard University Press
A bold account of property reform during the French Revolution, arguing that the lofty democratic ideals enshrined by revolutionary leaders were rarely secured in practice—with lasting consequences.
Property reform was at the heart of the French Revolution. As lawmakers proclaimed at the time, and as historians have long echoed, the revolution created modern property rights. Under the new regime, property was redefined as an individual right to which all citizens were entitled. Yet as the state seized assets and prepared them for sale, administrators quickly found that realizing the dream of democratic property rights was far more complicated than simply rewriting laws.
H. B. Callaway sifts through records on Parisian émigrés who fled the country during the revolution, leaving behind property that the state tried to confiscate. Immediately, officials faced difficult questions about what constituted property, how to prove ownership, and how to navigate the complexities of credit arrangements and family lineage. Mothers fought to protect the inheritances of their children, tenants angled to avoid rent payments, and creditors sought their dues. In attempting to execute policy, administrators regularly exercised their own judgment on the validity of claims. Their records reveal far more continuity between the Old Regime and revolutionary practices than the law proclaimed. Property ownership continued to depend on webs of connections beyond the citizen-state relationship, reinforced by customary law and inheritance traditions. The resulting property system was a product of contingent, on-the-ground negotiations as much as revolutionary law.
The House in the Rue Saint-Fiacre takes stock of the contradictions on which modern property rights were founded. As Callaway shows, the property confiscations of Parisian émigrés are a powerful, clarifying lens on the idea of ownership even as it exists today.
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How the Indians Lost Their Land
Law and Power on the Frontier
Stuart Banner
Harvard University Press, 2007
Between the early seventeenth century and the early twentieth,nearly all the land in the United States was transferred from AmericanIndians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?
Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.
This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.
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Institutional Foundations of Impersonal Exchange
Theory and Policy of Contractual Registries
Benito Arruñada
University of Chicago Press, 2012
Governments and development agencies spend considerable resources building property and company registries to protect property rights. When these efforts succeed, owners feel secure enough to invest in their property and banks are able use it as collateral for credit. Similarly, firms prosper when entrepreneurs can transform their firms into legal entities and thus contract more safely. Unfortunately, developing registries is harder than it may seem to observers, especially in developed countries, where registries are often taken for granted. As a result, policies in this area usually disappoint.
Benito Arruñada aims to avoid such failures by deepening our understanding of both the value of registries and the organizational requirements for constructing them. Presenting a theory of how registries strengthen property rights and reduce transaction costs, he analyzes the major trade-offs and proposes principles for successfully building registries in countries at different stages of development. Arruñada focuses on land and company registries, explaining the difficulties they face, including current challenges like the subprime mortgage crisis in the United States and the dubious efforts made in developing countries toward universal land titling. Broadening the account, he extends his analytical framework to other registries, including intellectual property and organized exchanges of financial derivatives. With its nuanced presentation of the theoretical and practical implications, Institutional Foundations of Impersonal Exchange significantly expands our understanding of how public registries facilitate economic growth.
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Justifying Intellectual Property
Robert P. Merges
Harvard University Press, 2011
Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge.
In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits.
Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.
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The Land We Share
Private Property And The Common Good
Eric T. Freyfogle
Island Press, 2003
Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity?
These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America.
Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.
[more]
The Marriage Exchange
Property, Social Place, and Gender in Cities of the Low Countries, 1300-1550
Martha C. Howell
University of Chicago Press, 1998
Medieval Douai was one of the wealthiest cloth towns of Flanders, and it left an enormous archive documenting the personal financial affairs of its citizens—wills, marriage agreements, business contracts, and records of court disputes over property rights of all kinds.
Based on extensive research in this archive, this book reveals how these documents were produced in a centuries-long effort to regulate—and ultimately to redefine—property and gender relations. At the center of the transformation was a shift from a marital property regime based on custom to one based on contract. In the former, a widow typically inherited her husband's property; in the latter, she shared it with or simply held it for his family or offspring. Howell asks why the law changed as it did and assesses the law's effects on both social and gender meanings but she insists that the reform did not originate in general dissatisfaction with custom or a desire to disempower widows. Instead, it was born in a complex economic, social and cultural history during which Douaisiens gradually came to think about both property and gender in new ways.
Based on extensive research in this archive, this book reveals how these documents were produced in a centuries-long effort to regulate—and ultimately to redefine—property and gender relations. At the center of the transformation was a shift from a marital property regime based on custom to one based on contract. In the former, a widow typically inherited her husband's property; in the latter, she shared it with or simply held it for his family or offspring. Howell asks why the law changed as it did and assesses the law's effects on both social and gender meanings but she insists that the reform did not originate in general dissatisfaction with custom or a desire to disempower widows. Instead, it was born in a complex economic, social and cultural history during which Douaisiens gradually came to think about both property and gender in new ways.
[more]
No Property in Man
Slavery and Antislavery at the Nation’s Founding
Sean Wilentz
Harvard University Press, 2018
Driving straight to the heart of the most contentious issue in American history, Sean Wilentz argues controversially that, far from concealing a crime against humanity, the U.S. Constitution limited slavery’s legitimacy—a limitation which in time inspired the antislavery politics that led to Southern secession, the Civil War, and Emancipation.
[more]
No Property in Man
Slavery and Antislavery at the Nation’s Founding, With a New Preface
Sean Wilentz
Harvard University Press, 2019
Driving straight to the heart of the most contentious issue in American history, Sean Wilentz argues controversially that, far from concealing a crime against humanity, the U.S. Constitution limited slavery’s legitimacy—a limitation which in time inspired the antislavery politics that led to Southern secession, the Civil War, and Emancipation.
[more]
Optional Law
The Structure of Legal Entitlements
Ian Ayres
University of Chicago Press, 2005
Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases.
Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information.
Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.
Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information.
Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.
[more]
Oyster Wars and the Public Trust
Property, Law, and Ecology in New Jersey History
Bonnie J. McCay
University of Arizona Press, 1998
Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law.
Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.
McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.
Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.
Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.
McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.
Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.
[more]
Peace, Preference, and Property
Return Migration after Violent Conflict
Sandra F. Joireman
University of Michigan Press, 2022
Growing numbers of people are displaced by war and violent conflict. In Ukraine, Afghanistan, Ethiopia, Myanmar, Syria, and elsewhere violence pushes civilian populations from their homes and sometimes from their countries, making them refugees. In previous decades, millions of refugees and displaced people returned to their place of origin after conflict or were resettled in countries in the Global North. Now displacements last longer, the number of people returning home is lower, and opportunities for resettlement are shrinking. More and more people spend decades in refugee camps or displaced within their own countries, raising their children away from their home communities and cultures. In this context, international policies encourage return to place of origin.
Using case studies and first-person accounts from interviews and fieldwork in post-conflict settings such as Uganda, Liberia, and Kosovo, Sandra F. Joireman highlights the divergence between these policies and the preferences of conflict-displaced people. Rather than looking from the top down, at the rights that people have in international and domestic law, the perspective of this text is from the ground up—examining individual and household choices after conflict. Some refugees want to go home, some do not want to return, some want to return to their countries of origin but live in a different place, and others are repatriated against their will when they have no other options. Peace, Preference, and Property suggests alternative policies that would provide greater choice for displaced people in terms of property restitution and solutions to displacement.
[more]
Philodemus, On Property Management
Voula Tsouna
SBL Press, 2013
Philodemus was an important Epicurean philosopher active in southern Italy in the first century B.C.E. His treatise On Property Management, whose surviving part is completely translated here into English for the first time, focuses primarily on the vices or virtues involved in the acquisition and preservation of property and wealth. The extant remains of the work contain the most extensive and thorough treatment of property management found in any Hellenistic author. Philodemus criticizes rival writings by Xenophon and Theophrastus on the subject of oikonomia, or property management, and defends his own Epicurean views on the topic. More systematic and philosophical than rival approaches, the treatise clarifies many moral issues pertaining to the possession and preservation of property and wealth and provides plausible answers to a cluster of moral questions.
[more]
Politics and Property Rights
The Closing of the Open Range in the Postbellum South
Shawn Everett Kantor
University of Chicago Press, 1998
After the American Civil War, agricultural reformers in the South called for an end to unrestricted grazing of livestock on unfenced land. They advocated the stock law, which required livestock owners to fence in their animals, arguing that the existing system (in which farmers built protective fences around crops) was outdated and inhibited economic growth. The reformers steadily won their battles, and by the end of the century the range was on the way to being closed.
In this original study, Kantor uses economic analysis to show that, contrary to traditional historical interpretation, this conflict was centered on anticipated benefits from fencing livestock rather than on class, cultural, or ideological differences. Kantor proves that the stock law brought economic benefits; at the same time, he analyzes why the law's adoption was hindered in many areas where it would have increased wealth. This argument illuminates the dynamics of real-world institutional change, where transactions are often costly and where some inefficient institutions persist while others give way to economic growth.
In this original study, Kantor uses economic analysis to show that, contrary to traditional historical interpretation, this conflict was centered on anticipated benefits from fencing livestock rather than on class, cultural, or ideological differences. Kantor proves that the stock law brought economic benefits; at the same time, he analyzes why the law's adoption was hindered in many areas where it would have increased wealth. This argument illuminates the dynamics of real-world institutional change, where transactions are often costly and where some inefficient institutions persist while others give way to economic growth.
[more]
Power / Knowledge / Land
Contested Ontologies of Land and Its Governance in Africa
Laura A. German
University of Michigan Press, 2022
The 2008 outcry over the “global land grab” made headlines around the world, leading to a sustained interest in the dynamics and fate of customary land among both academics and development practitioners. In Power/Knowledge/Land, author Laura German profiles the consolidation of a global knowledge regime surrounding land and its governance within international development circles in the decade following this outcry, and the growing enrollment of previously antagonistic actors within it. Drawing theoretical insights on the inseparability of power and knowledge, German reveals the dynamics of knowledge practices that have enabled the longstanding project of commodifying customary land – and the more contemporary interests in acquiring and financializing it – to be advanced and legitimated by capturing the energies of socially progressive forces. By bringing theories of change from the emergent land governance orthodoxy into dialogue with the ethnographic evidence from across the African continent and beyond, concepts masquerading as universal and self-evident truths are provincialized, and their role in commodifying customary land and entrenching colonial futurities put on display. In doing so, the volume brings wider academic debates surrounding productive forms of power into the heart of the land grab debate, while enhancing their accessibility to a wider audience.
Power/Knowledge/Land takes current scholarly debates surrounding land grabs beyond their theoretical moorings in critical agrarian studies, political economy and globalization into contemporary debates surrounding the politics of knowledge—from theories of coloniality to ontological anthropology, thereby enabling new dynamics of the phenomenon to be revealed. The book deploys a pioneering epistemology integrating deconstructionist approaches (to reveal the tactics, truth claims and ontological assumptions of global knowledge brokers), with systematic qualitative reviews and comparative study (to contrast these dominant constructs with the evidence and reveal alternative ways of knowing “land” and practicing “security” from the ethnographic literature). This helps to reveal the Western and modernist biases in the narratives that have been advanced about women, custom, and security, revealing how the coloniality of knowledge works to grease the wheels of land takings by advancing highly provincialized constructs aligned with western interests as universal truths.
[more]
Private Property and the Limits of American Constitutionalism
The Madisonian Framework and Its Legacy
Jennifer Nedelsky
University of Chicago Press, 1990
The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority—or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the Framers' preoccupation with the protection of private property. She argues that this formative focus on property has shaped our institutions, our political system, and our very understanding of limited government.
[more]
Property and Values
Alternatives To Public And Private Ownership
Edited by Charles Geisler and Gail Daneker
Island Press, 2000
Property and Values offers a fresh look at property rights issues, bringing together scholars, attorneys, government officials, community development practitioners, and environmental advocates to consider new and more socially equitable forms of ownership. Based on a Harvard Law School conference organized by the Equity Trust, Inc., in cooperation with the American Bar Association's Commission on Homelessness and Poverty, the book:
- explains ownership as an evolving concept, determined by social processes and changing social relations
- challenges conventional public-private ownership categories
- surveys recent studies on the implications of public policy on property values
- offers examples from other cultures of ownership realities unfamiliar or forgotten in the United States
- compares experiments in ownership/equity allocation affecting social welfare and environmental conservation
Property and Values is a thought-provoking contribution to the literature on property for planners, lawyers, government officials, resource economists, environmental managers, and social scientists as well as for students of planning, environmental law, geography, or public policy.
[more]
Property, Power, and Authority in Rus and Latin Europe, ca. 1000–1236
Yulia Mikhailova
Arc Humanities Press, 2018
This book intertwines two themes in medieval studies hitherto kept apart: comparisons of Latin and Orthodox Europe and the "feudal revolution" of the late- and post-Carolingian periods. The book broadens the debate by comparing texts written in "learned" and "vulgar" Latin, Church Slavonic, Anglo-Norman, and East Slavonic. From this comparison, the Kingdom of the Rus appears as a regional variation of European society. This suggests current interpretations overemphasize factors unique to the medieval West and overlook deeper pan-European processes.
[more]
Protecting the Land
Conservation Easements Past, Present, and Future
Edited by Julie Ann Gustanski and Roderick H. Squires; Foreword by Jean Hocker
Island Press, 2000
A conservation easement is a legal agreement between a property owner and a conservation organization, generally a private nonprofit land trust, that restricts the type and amount of development that can be undertaken on that property. Conservation easements protect land for future generations while allowing owners to retain property rights, at the same time providing them with significant tax benefits. Conservation easements are among the fastest growing methods of land preservation in the United States today.
Protecting the Land provides a thoughtful examination of land trusts and how they function, and a comprehensive look at the past and future of conservation easements. The book:
- provides a geographical and historical overview of the role of conservation easements
- analyzes relevant legislation and its role in achieving community conservation goals
- examines innovative ways in which conservation easements have been used around the country
- considers the links between social and economic values and land conservation
Contributors, including noted tax attorney and land preservation expert Stephen Small, Colorado's leading land preservation attorney Bill Silberstein, and Maine Coast Heritage Trust's general counsel Karin Marchetti, describe and analyze the present status of easement law. Sharing their unique perspectives, experts including author and professor of geography Jack Wright, Dennis Collins of the Wildlands Conservancy, and Chuck Roe of the Conservation Trust of North Carolina offer case studies that demonstrate the flexibility and diversity of conservation easements. Protecting the Land offers a valuable overview of the history and use of conservation easements and the evolution of easement-enabling legislation for professionals and citizens working with local and national land trusts, legal advisors, planners, public officials, natural resource mangers, policymakers, and students of planning and conservation.
[more]
Reinterpreting Property
Margaret Jane Radin
University of Chicago Press, 1994
This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property.
Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property.
Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property—and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property.
Margaret Jane Radin is professor of law at Stanford University. She is the author of over twenty-five articles on legal and political theory.
[more]
Romance and the Erotics of Property
Mass-Market Fiction for Women
Jan Cohn
Duke University Press, 1988
Romance and the Erotics of Property examines contemporary popular romance from a number of different points of view, probing for codes and subtexts that sometimes exploit and sometimes contradict its surface tale of romantic attraction, frustration, longing, and fulfillment.
Cohn argues that a full understanding of the contemporary romance requires an investigation of its literary and historical sources and analogues. Three principal sources are examined in the context of women's history in bourgeois society. Pride and Prejudice, Jane Erye, and Gone With the Wind demonstrate the development of romance fiction's themes, yet in all three the central love story is complicated by issues of property, the sign of male power. Jan Cohn further considers the development of the genre n the fictions of Harriet Lewis and May Agnes Fleming, prolific and popular American romance writers of the late nineteenth century who developed the role of the villain, thereby bringing into focus the sexual and economic struggles faced by the heroine.
Romance and the Erotics of Property sets romance fiction against a historic and literary background, arguing that contemporary romance disguises as tales of love the subversive fantasies of female appropriation and male property and power.
Cohn argues that a full understanding of the contemporary romance requires an investigation of its literary and historical sources and analogues. Three principal sources are examined in the context of women's history in bourgeois society. Pride and Prejudice, Jane Erye, and Gone With the Wind demonstrate the development of romance fiction's themes, yet in all three the central love story is complicated by issues of property, the sign of male power. Jan Cohn further considers the development of the genre n the fictions of Harriet Lewis and May Agnes Fleming, prolific and popular American romance writers of the late nineteenth century who developed the role of the villain, thereby bringing into focus the sexual and economic struggles faced by the heroine.
Romance and the Erotics of Property sets romance fiction against a historic and literary background, arguing that contemporary romance disguises as tales of love the subversive fantasies of female appropriation and male property and power.
[more]
Saving the Neighborhood
Racially Restrictive Covenants, Law, and Social Norms
Richard R. W. Brooks
Harvard University Press, 2013
Saving the Neighborhood tells the still controversial story of the rise and fall of racially restrictive covenants in America, which bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. It offers insight into the ways legal and social norms reinforce one another, to codify and perpetuate intolerance.
[more]
Selling Paris
Property and Commercial Culture in the Fin-de-siècle Capital
Alexia M. Yates
Harvard University Press, 2015
Besieged during the Franco-Prussian War, its buildings damaged, its finances mired in debt, Paris was a city in crisis. Alexia Yates chronicles the private actors and networks, practices and politics, that spurred the largest building boom of the nineteenth century, turning city-making into big business in the French capital.
[more]
Sentient Lands
Indigeneity, Property, and Political Imagination in Neoliberal Chile
Piergiorgio Di Giminiani
University of Arizona Press, 2018
In 1990, when Augusto Pinochet’s 17-year military dictatorship ended, democratic rule returned to Chile. Since then, Indigenous organizations have mobilized to demand restitution of their ancestral territories seized over the past 150 years.
Sentient Lands is a historically grounded ethnography of the Mapuche people’s engagement with state-run reconciliation and land-restitution efforts. Piergiorgio Di Giminiani analyzes environmental relations, property, state power, market forces, and indigeneity to illustrate how land connections are articulated, in both landscape experiences and land claims. Rather than viewing land claims as simply bureaucratic procedures imposed on local understandings and experiences of land connections, Di Giminiani reveals these processes to be disputed practices of world making.
Ancestral land formation is set in motion by the entangled principles of Indigenous and legal land ontologies, two very different and sometimes conflicting processes. Indigenous land ontologies are based on a relation between two subjects—land and people—both endowed with sentient abilities. By contrast, legal land ontologies are founded on the principles of property theory, wherein land is an object of possession that can be standardized within a regime of value. Governments also use land claims to domesticate Indigenous geographies into spatial constructs consistent with political and market configurations.
Exploring the unexpected effects on political activism and state reparation policies caused by this entanglement of Indigenous and legal land ontologies, Di Giminiani offers a new analytical angle on Indigenous land politics.
Sentient Lands is a historically grounded ethnography of the Mapuche people’s engagement with state-run reconciliation and land-restitution efforts. Piergiorgio Di Giminiani analyzes environmental relations, property, state power, market forces, and indigeneity to illustrate how land connections are articulated, in both landscape experiences and land claims. Rather than viewing land claims as simply bureaucratic procedures imposed on local understandings and experiences of land connections, Di Giminiani reveals these processes to be disputed practices of world making.
Ancestral land formation is set in motion by the entangled principles of Indigenous and legal land ontologies, two very different and sometimes conflicting processes. Indigenous land ontologies are based on a relation between two subjects—land and people—both endowed with sentient abilities. By contrast, legal land ontologies are founded on the principles of property theory, wherein land is an object of possession that can be standardized within a regime of value. Governments also use land claims to domesticate Indigenous geographies into spatial constructs consistent with political and market configurations.
Exploring the unexpected effects on political activism and state reparation policies caused by this entanglement of Indigenous and legal land ontologies, Di Giminiani offers a new analytical angle on Indigenous land politics.
[more]
The Shackles of Modernity
Women, Property, and the Transition from the Ottoman Empire to the Greek State, 1750–1850
Evdoxios Doxiadis
Harvard University Press, 2011
This book explores the relationship between women and property in the Greek lands and their broader social position in the century that culminated with the establishment of the national Greek state (1750–1850). Evdoxios Doxiadis focuses on the status and rights of Greek women in the later Ottoman period, the decade-long Greek War of Independence, and the first decades of the Greek state, seeking to reveal the impact that the pursuit of modernization by the early Greek governments had on women. Through the systematic examination of numerous legal documents in notarial archives from four distinct regions (Naxos, Mykonos, Athens, and Leonidio), the position of women in Greek societies of the period is illuminated in all its complexity and regional diversity. Special emphasis is placed on women’s ability in some areas to defend their property rights and be active economic agents.
Although the Greek revolutionaries and the Greek state did not curtail the rights of women with respect to property, the very institutions that were fundamental in the creation of the Greek state transformed the established relationship between women and property. Doxiadis shows that modernization proved to be an oppressive force for Greek women—though in a much more clandestine fashion than perhaps expected in other European states.
[more]
Someday All This Will Be Yours
A History of Inheritance and Old Age
Hendrik Hartog
Harvard University Press, 2011
Hartog tells the heartbreaking stories of how families fought over the work of caring for the elderly, and its compensation, in a time before pensions, Social Security, and nursing homes filled this gap. As an explosive economy drew the young away from home, we see how the elderly used promises of inheritance to keep children at their side.
[more]
State Trading in the Twenty-First Century
The World Trade Forum, Volume 1
Thomas Cottier and Petros C. Mavroidis, Editors
University of Michigan Press, 1998
The University of Michigan Press is pleased to announce the first volume in an annual series, The World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually and discuss integration issues in international economic relations, focusing on a new theme each year.
The central topic of the first World Trade Forum is state trading. To what extent has trade liberalization, as we have experienced it over the last fifty years, affected property ownership? Contributors to the 1998 World Trade Forum explore this question, examining both state practice and the regulatory framework. Their discussions are divided into three parts: Part 1 looks at the World Trade Organization's legal framework for state trading enterprises, taking on such issues as monopolies and state enterprises, the WTO Antidumping Agreement and the economies in transition, and relationship of state trading and the Government Purchasing Act. Part 2 deals with regional experiences in state trading (for the EC, United States, Canada, Japan, China, and Russia). Part 3 examines conceptual issues such as auctions as a trade policy instrument and rule-making alternatives for entities with exclusive rights. The conclusion synthesizes the foregoing chapters in discussing the reach of modern international trade law.
Contributors are Frederick Abbott, Ichiro Araki, Christian Bach, Jacques H. J. Bourgeois, Thomas Cottier, William J. Davey, Vladimir Dbrentsov, Toni Haniotis, Bernard M. Hoekman, Gary Horlick, Henrik Horn, Robert Howse, Patrick Low, Will Martin, Mitsuo Matsushita, Petros Mavroidis, Aaditya Mattoo, Patrick Messerlin, Constantine Michalopoulos, Kristin Heim Mowry, Stilpon Nestor, Damien Neven, N. David Palmeter, Ernst-Ulrich Petersmann, André Sapir, Diane P. Wood, and Werner Zdouc.
Petros Mavroidis is Professor of Law, University of Neuchatel. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School.
[more]
Thirteen Ways to Steal a Bicycle
Theft Law in the Information Age
Stuart P. Green
Harvard University Press, 2012
Theft causes greater economic injury than any other criminal offense. Yet fundamental questions about what should count as stealing remain unresolved. Green assesses our legal framework at a time when our economy commodifies intangibles (intellectual property, information, ideas, identities, and virtual property) and theft grows more sophisticated.
[more]
A Thousand Pieces of Paradise
Landscape and Property in the Kickapoo Valley
Lynne Heasley
University of Wisconsin Press, 2012
A Thousand Pieces of Paradise is an ecological history of property and a cultural history of rural ecosystems set in one of Wisconsin's most famous regions, the Kickapoo Valley. While examining the national war on soil erosion in the 1930s, a controversial real estate development scheme, Amish land settlement, a U.S. Army Corps of Engineers dam project, and Native American efforts to assert longstanding land claims, Lynne Heasley traces the historical development of modern American property debates within ever-more diverse rural landscapes and cultures. Heasley argues that the way public discourse has framed environmental debates hides the full shape our system of property has taken in rural communities and landscapes. She shows how democratic and fluid visions of property-based on community relationships-have coexisted alongside individualistic visions of property rights. In this environmental biography of a landscape and its people lie powerful lessons for rural communities seeking to understand and reconcile competing values about land and their place in it.
[more]
We the Miners
Self-Government in the California Gold Rush
Andrea G. McDowell
Harvard University Press, 2022
A surprising account of frontier law that challenges the image of the Wild West. In the absence of state authority, Gold Rush miners crafted effective government by the people—but not for all the people.
Gold Rush California was a frontier on steroids: 1,500 miles from the nearest state, it had a constantly fluctuating population and no formal government. A hundred thousand single men came to the new territory from every corner of the nation with the sole aim of striking it rich and then returning home. The circumstances were ripe for chaos, but as Andrea McDowell shows, this new frontier was not nearly as wild as one would presume. Miners turned out to be experts at self-government, bringing about a flowering of American-style democracy—with all its promises and deficiencies.
The Americans in California organized and ran meetings with an efficiency and attention to detail that amazed foreign observers. Hundreds of strangers met to adopt mining codes, decide claim disputes, run large-scale mining projects, and resist the dominance of companies financed by outside capital. Most notably, they held criminal trials on their own authority. But, mirroring the societies back east from which they came, frontiersmen drew the boundaries of their legal regime in racial terms. The ruling majority expelled foreign miners from the diggings and allowed their countrymen to massacre the local Native Americans. And as the new state of California consolidated, miners refused to surrender their self-endowed authority to make rules and execute criminals, presaging the don’t-tread-on-me attitudes of much of the contemporary American west.
In We the Miners, Gold Rush California offers a well-documented test case of democratic self-government, illustrating how frontiersmen used meetings and the rules of parliamentary procedure to take the place of the state.
[more]
Who Owns Native Culture?
Michael F. Brown
Harvard University Press, 2004
The practical and artistic creations of native peoples permeate everyday life in settler nations, from the design elements on our clothing to the plot-lines of books we read to our children. Rarely, however, do native communities benefit materially from this use of their heritage, a situation that drives growing resistance to what some denounce as "cultural theft."
Who Owns Native Culture? documents the efforts of indigenous peoples to redefine heritage as a proprietary resource. Michael Brown takes readers into settings where native peoples defend what they consider their cultural property: a courtroom in Darwin, Australia, where an Aboriginal artist and a clan leader bring suit against a textile firm that infringes sacred art; archives and museums in the United States, where Indian tribes seek control over early photographs and sound recordings collected in their communities; and the Mexican state of Chiapas, site of a bioprospecting venture whose legitimacy is questioned by native-rights activists.
By focusing on the complexity of actual cases, Brown casts light on indigenous claims in diverse fields--religion, art, sacred places, and botanical knowledge. He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations.
The author proposes alternative strategies for defending the heritage of vulnerable native communities without blocking the open communication essential to the life of pluralist democracies. Who Owns Native Culture? is a lively, accessible introduction to questions of cultural ownership, group privacy, intellectual property, and the recovery of indigenous identities.
[more]
Who Owns the Sky?
The Struggle to Control Airspace from the Wright Brothers On
Stuart Banner
Harvard University Press, 2008
A collection of curious tales questioning the ownership of airspace and a reconstruction of a truly novel moment in the history of American law, Banner’s book reminds us of the powerful and reciprocal relationship between technological innovation and the law.
[more]
Why We Can't Have Nice Things
Social Media’s Influence on Fashion, Ethics, and Property
Minh-Ha T. Pham
Duke University Press, 2022
In 2016, social media users in Thailand called out the Paris-based luxury fashion house Balenciaga for copying the popular Thai “rainbow bag,” using Balenciaga’s hashtags to circulate memes revealing the source of the bags’ design. In Why We Can’t Have Nice Things Minh-Ha T. Pham examines the way social media users monitor the fashion market for the appearance of knockoff fashion, design theft, and plagiarism. Tracing the history of fashion antipiracy efforts back to the 1930s, she foregrounds the work of policing that has been tacitly outsourced to social media. Despite the social media concern for ethical fashion and consumption and the good intentions behind design policing, Pham shows that it has ironically deepened forms of social and market inequality, as it relies on and reinforces racist and colonial norms and ideas about what constitutes copying and what counts as creativity. These struggles over ethical fashion and intellectual property, Pham demonstrates, constitute deeper struggles over the colonial legacies of cultural property in digital and global economies.
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Wildlife as Property Owners
A New Conception of Animal Rights
Karen Bradshaw
University of Chicago Press, 2020
Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.
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