front cover of American Pentimento
American Pentimento
The Invention of Indians and the Pursuit of Riches
Patricia Seed
University of Minnesota Press, 2001

logo for University of Chicago Press
Chinese State Enterprises
A Regional Property Rights Analysis
David Granick
University of Chicago Press, 1990
"We are indebted to David Granick for his thoughtful, careful, empirically documented study of the Chinese state industrial enterprise that not only provides a rarely attained comparative analysis but also possesses an explanatory power in suggesting how this system might evolve in the future."—Jeanne L. Wilson, Business Horizons
[more]

front cover of The City after Property
The City after Property
Abandonment and Repair in Postindustrial Detroit
Sara Safransky
Duke University Press, 2023
In The City after Property, Sara Safransky examines how postindustrial decline generates new forms of urban land politics. In the 2010s, Detroit government officials classified a staggering 150,000 lots—more than a third of the city—as “vacant” or “abandoned.” Analyzing subsequent efforts to shrink the Motor City’s footprint and budget, Safransky presents a new way of conceptualizing urban abandonment. She challenges popular myths that cast Detroit as empty along with narratives that reduce its historical decline to capital and white flight. In connecting contemporary debates over neoliberal urbanism to Cold War histories and the lasting political legacies of global movements for decolonization and Black liberation, she foregrounds how the making of—and challenges to—modern property regimes have shaped urban policy and politics. Drawing on critical geographical theory and community-based ethnography, Safransky shows how private property functions as a racialized construct, an ideology, and a moral force that shapes selves and worlds. By thinking the city “after property,” Safransky illuminates alternative ways of imagining and organizing urban life.
[more]

front cover of Colonial Lives of Property
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.
[more]

front cover of Culture and the Question of Rights
Culture and the Question of Rights
Forests, Coasts, and Seas in Southeast Asia
Charles Zerner, ed.
Duke University Press, 2003
This collection of ethnographic and interpretive essays fundamentally alters the debate over indigenous land claims in Southeast Asia and beyond. Based on fieldwork conducted in Malaysia and Indonesia during the 1980s and 1990s, these studies explore new terrain at the intersection of environmental justice, nature conservation, cultural performance, and the politics of making and interpreting claims.
Calling for radical redefinitions of development and ownership and for new understandings of the translation of culture and rights in politically dangerous contexts—natural resource frontiers—this volume links social injustice and the degradation of Southeast Asian environments. Charles Zerner and his colleagues show how geographical areas once viewed as wild and undeveloped are actually cultural artifacts shaped by complex interactions with human societies. Drawing on richly varied sources of evidence and interpretation—from trance dances, court proceedings, tree planting patterns, marine and forest rituals, erotic poems, and codifications of customary law, Culture and the Question of Rights reveals the ironies, complexities, and histories of contemporary communities’ struggles to retain their gardens, forests, fishing territories, and graveyards. The contributors examine how these cultural activities work to both construct and to lay claim to nature. These essays open up new avenues for negotiating indigenous rights against a background of violence, proliferating markets, and global ideas of biodiversity and threatened habitat.

Contributors. Jane Atkinson, Don Brenneis, Stephanie Fried, Nancy Peluso, Marina Roseman, Anna Tsing, Charles Zerner

[more]

front cover of The Dispossessed
The Dispossessed
Karl Marx’s Debates on Wood Theft and the Right of the Poor
Daniel Bensaïd
University of Minnesota Press, 2021

Excavating Marx’s early writings to rethink the rights of the poor and the idea of the commons in an era of unprecedented privatization
 

The politics of dispossession are everywhere. Troubling developments in intellectual property, genomics, and biotechnology are undermining established concepts of property, while land appropriation and ecological crises reconfigure basic institutions of ownership. In The Dispossessed, Daniel Bensaïd examines Karl Marx’s early writings to establish a new framework for addressing the rights of the poor, the idea of the commons, and private property as a social institution.

In his series of articles from 1842–43 about Rhineland parliamentary debates over the privatization of public lands and criminalization of poverty under the rubric of the “theft of wood,” Marx identified broader anxieties about customary law, property rights, and capitalist efforts to privatize the commons. Bensaïd studies these writings to interrogate how dispossession continues to function today as a key modality of power. Brilliantly tacking between past and present, The Dispossessed discloses continuity and rupture in our relationships to property and, through that, to one another.

In addition to Bensaïd’s prescient work of political philosophy, The Dispossessed includes new translations of Marx’s original “theft of wood” articles and an introductory essay by Robert Nichols that lucidly contextualizes the essays.

[more]

front cover of A Fictional Commons
A Fictional Commons
Natsume Soseki and the Properties of Modern Literature
Michael K. Bourdaghs
Duke University Press, 2021
Modernity arrived in Japan, as elsewhere, through new forms of ownership. In A Fictional Commons, Michael K. Bourdaghs explores how the literary and theoretical works of Natsume Sōseki (1867–1916), widely celebrated as Japan's greatest modern novelist, exploited the contradictions and ambiguities that haunted this new system. Many of his works feature narratives about inheritance, thievery, and the struggle to obtain or preserve material wealth while also imagining alternative ways of owning and sharing. For Sōseki, literature was a means for thinking through—and beyond—private property. Bourdaghs puts Sōseki into dialogue with thinkers from his own era (including William James and Mizuno Rentarō, author of Japan’s first copyright law) and discusses how his work anticipates such theorists as Karatani Kōjin and Franco Moretti. As Bourdaghs shows, Sōseki both appropriated and rejected concepts of ownership and subjectivity in ways that theorized literature as a critical response to the emergence of global capitalism.
[more]

front cover of The Global Debate over Constitutional Property
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.
[more]

front cover of Imperfect Institutions
Imperfect Institutions
Possibilities and Limits of Reform
Thráinn Eggertsson
University of Michigan Press, 2005

The emergence of New Institutional Economics toward the end of the twentieth century profoundly changed our ideas about the organization of economic systems and their social and political foundations. Imperfect Institutions explores recent developments in this field and pushes the discussion forward by allowing for incomplete knowledge of social systems and unexpected system dynamics and, above all, by focusing explicitly on institutional policy. Empirical studies extending from Africa to Iceland are cited in support of the theoretical argument.

In Imperfect Institutions Thráinn Eggertsson extends his attempt to integrate and develop the new field that began with his acclaimed Economic Behavior and Institutions (1990), which has been translated into six languages. This latest work analyzes why institutions that create relative economic backwardness emerge and persist and considers the possibilities and limits of institutional reform.

Thráinn Eggertsson is Professor of Economics at the University of Iceland and Global Distinguished Professor of Politics at New York University. Previously published works include Economic Behavior and Institutions (1990) and Empirical Studies in Institutional Change with Lee Alston and Douglass North (1996).

[more]

front cover of Institutional Foundations of Impersonal Exchange
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.

[more]

front cover of Land of Milk and Money
Land of Milk and Money
A Novel
Anthony Barcellos
Tagus Press, 2012
Land of Milk and Money tells the story of the Francisco family, Portuguese immigrants who build a prosperous California dairy farm. With their growing success, plans to return to the Old Country fall by the wayside, and the legacy of the older generation becomes a source of contention among descendants competing to inherit herds of cattle and tracts of farmland. As matriarch, Teresa had devoted her life to keeping the peace in her big family. But when she dies long-simmering resentments and feuds burst into the open—and into the courtroom. Teresa, however, had seen it all coming, and her will contains a few surprises.
[more]

front cover of Land Uprising
Land Uprising
Native Story Power and the Insurgent Horizons of Latinx Indigeneity
Simón Ventura Trujillo
University of Arizona Press, 2020
Land Uprising reframes Indigenous land reclamation as a horizon to decolonize the settler colonial conditions of literary, intellectual, and activist labor. Simón Ventura Trujillo argues that land provides grounding for rethinking the connection between Native storytelling practices and Latinx racialization across overlapping colonial and nation-state forms.

Trujillo situates his inquiry in the cultural production of La Alianza Federal de Mercedes, a formative yet understudied organization of the Chicanx movement of the 1960s and 1970s. La Alianza sought to recover Mexican and Spanish land grants in New Mexico that had been dispossessed after the Mexican-American War. During graduate school, Trujillo realized that his grandparents were activists in La Alianza. Written in response to this discovery, Land Uprising bridges La Alianza’s insurgency and New Mexican land grant struggles to the writings of Leslie Marmon Silko, Ana Castillo, Simon Ortiz, and the Zapatista Uprising in Chiapas, Mexico. In doing so, the book reveals uncanny connections between Chicanx, Latinx, Latin American, and Native American and Indigenous studies to grapple with Native land reclamation as the future horizon for Chicanx and Latinx indigeneities.
 
[more]

front cover of Politics and Property Rights
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.
[more]

front cover of Power over Property
Power over Property
The Political Economy of Communist Land Reform in China
Matthew Noellert
University of Michigan Press, 2020
Following the end of World War II in 1945, the Chinese Communist Party (CCP) spent the next three decades carrying out agrarian reform among nearly one-third of the world’s peasants. This book presents a new perspective on the first step of this reform, when the CCP helped redistribute over 40 million hectares of land to over three hundred million impoverished peasants in the nationwide land reform movement. This land reform, the founding myth of the People’s Republic of China (1949–present) and one of the largest redistributions of wealth and power in history, embodies the idea that an equal distribution of property will lead to social and political equality.
 
Power Over Property argues that in practice, however, the opposite occurred: the redistribution of political power led to a more equal distribution of property. China’s land reform was accomplished not only through the state’s power to define the distribution of resources, but also through village communities prioritizing political entitlements above property rights. Through the systematic analysis of never-before studied micro-level data on practices of land reform in over five hundred villages, Power Over Property demonstrates how land reform primarily involved the removal of former power holders, the mobilization of mass political participation, and the creation of a new social-political hierarchy. Only after accomplishing all of this was it possible to redistribute land. This redistribution, moreover, was determined by political relations to a new structure of power, not just economic relations to the means of production.
 
The experience of China’s land reform complicates our understanding of the relations between economic, social, and political equality. On the one hand, social equality in China was achieved through political, not economic means. On the other hand, the fundamental solution was a more effective hierarchy of fair entitlements, not equal rights. This book ultimately suggests that focusing on economic equality alone may obscure more important social and political dynamics in the development of the modern world.
[more]

front cover of Private Property and the Endangered Species Act
Private Property and the Endangered Species Act
Saving Habitats, Protecting Homes
Edited by Jason F. Shogren
University of Texas Press, 1998

Our whole nation benefits from the preservation of natural habitats and their diversity of animal and plant species—yet small groups of private landowners often bear most of the costs of setting land aside for conservation purposes. This imbalance has generated many conflicts since the passage of the Endangered Species Act in 1973 and remains one of the most controversial issues to be resolved as the ESA makes its way through Congress for reauthorization.

To provide policy makers, landowners, and other stakeholders in the ESA debates with impartial baseline information, this book offers multidisciplinary perspectives on the role that private property plays in protecting endangered species in the United States. The opening chapter traces the evolution of the ESA and set forth the parameters of the debate over regulation of private property. Four subsequent chapters explore the judicial and economic implications of ESA and suggest how issues of scale and diversity affect the implementation of the ESA on private property. The volume concludes with eight principles to help frame the ongoing ESA reauthorization debate, developed by the University of Wyoming's Institute for Environment and Natural Resources Policy Board, the sponsor of the research presented in this book.

[more]

front cover of Private Property and the Limits of American Constitutionalism
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]

front cover of Prosperity without Greed
Prosperity without Greed
How to Save Ourselves from Capitalism
Sahra Wagenknecht
Campus Verlag, 2016
It is time to leave capitalism behind. In Prosperity without Greed, Sahra Wagenknecht shows that we live in a system of economic feudalism that has nothing to do with a free market economy, where the innovations we require to solve myriad important societal problems are not forthcoming. How can it be, Wagenknecht asks, that technological developments financed by the taxpayer end up enriching private companies even if those companies’ activities violate public interests? Through clear analysis and concrete proposals, Wagenknecht suggestss new forms of ownership and sketches the outlines of an innovative and just economy that instead promotes and rewards talent, real performance, and start-ups with groundbreaking ideas.
[more]

front cover of Titles, Conflict, and Land Use
Titles, Conflict, and Land Use
The Development of Property Rights and Land Reform on the Brazilian Amazon Frontier
Lee J. Alston, Gary D. Libecap, and Bernardo Mueller
University of Michigan Press, 1999
The Amazon, the world's largest rain forest, is the last frontier in Brazil. The settlement of large and small farmers, squatters, miners, and loggers in this frontier during the past thirty years has given rise to violent conflicts over land as well as environmental duress. Titles, Conflict, and Land Use examines the institutional development involved in the process of land use and ownership in the Amazon and shows how this phenomenon affects the behavior of the economic actors. It explores the way in which the absence of well-defined property rights in the Amazon has led to both economic and social problems, including lost investment opportunities, high costs in protecting claims, and violence. The relationship between land reform and violence is given special attention.
The book offers an important application of the New Institutional Economics by examining a rare instance where institutional change can be empirically observed. This allows the authors to study property rights as they emerge and evolve and to analyze the effects of Amazon development on the economy. In doing so they illustrate well the point that often the evolution of economic institutions will not lead to efficient outcomes.
This book will be important not only to economists but also to Latin Americanists, political scientists, anthropologists, and scholars in disciplines concerned with the environment.
Lee Alston is Professor of Economics, University of Illinois, and Research Associate for the National Bureau of Economic Research. Gary Libecap is Professor of Economics and Law, University of Arizona, and Research Associate for the National Bureau of Economic Research. Bernardo Mueller is Assistant Professor, Universidade de Brasilia.
[more]

front cover of Trespassing
Trespassing
An Inquiry into the Private Ownership of Land
John Hanson Mitchell
University Press of New England, 2015
Trespassing, “a thoughtful, beautifully written addition to environmental and regional literature” (Kirkus Reviews), is a historical survey of the evolution of private ownership of land, concentrating on the various land uses of a 500-acre tract of land over a 350-year period. What began as wild land controlled periodically by various Native American tribes became British crown land after 1654, then private property under US law, and finally common land again in the late twentieth century. Mitchell considers every aspect of the important issue of land ownership and explores how our attitudes toward land have changed over the centuries.
[more]

front cover of Water, Community, and the Culture of Owning
Water, Community, and the Culture of Owning
Eric T. Freyfogle
University of Utah Press, 2018
In this timely work, Eric Freyfogle probes the long-simmering struggles in the American West to address water-related problem. The big challenge is to resolve water shortages and meet high-valued water needs while also improving river ecosystems. These water conflicts, he suggests, have less to do with our contentious political differences than they do with longstanding core elements of American culture—inherited, shared ways of understanding our place in nature that no longer make good sense. Particularly troublesome are the ways we fragment it, valuing its parts as discrete commodities. Also at play is our cultural inability to think clearly about how best to draw the line between the legitimate use of nature and the abuse of it. 
 
Building on these cultural critiques, Freyfogle takes up the issue of private property rights, highlighting the longstanding flexibility of this key American institution as well as the moral imperative to ensure that property rights aren’t used in ways that harm communities. Outdated understandings about private property, he concludes, have further confused our understanding and made sensible solutions to water problems even harder to imagine. Water-policy reform won’t happen, Freyfogle argues, until we reconsider how we understand nature and take charge of the institution of ownership, recasting it so as to increase the benefits it generates for everyone. If we can do that, solutions to water troubles could prove easier than we expect. The work concludes with an original, sweeping policy proposal to resolve the West’s water shortages and meet environmental needs in ways fair to all.
 
This lecture was presented on March 22, 2017, at the 22nd annual symposium sponsored by the Wallace Stegner Center for Land, Resources and the Environment at the S. J. Quinney College of Law, University of Utah.
[more]

front cover of Who Owns America?
Who Owns America?
Social Conflict over Property Rights
Edited by Harvey M. Jacobs
University of Wisconsin Press, 1998

Land ownership by individual citizens is a cornerstone of American heritage and a centerpiece of the American dream. Thomas Jefferson called it the key to our success as a democracy. Yet the question of who owns America not only remains unanswered but is central to a fundamental conflict that can pit private property rights advocates against government policymakers and environmentalists.
    Land use authority Harvey M. Jacobs has gathered a provocative collection of perspectives from eighteen contributors in the fields of law, history, anthropology, economics, sociology, forestry, and environmental studies. Who Owns America? begins with the popular view of land ownership as seen though the television show Bonanza! It examines public regulation of private land; public land management; the roles culture and ethnic values play in land use; and concludes with Jacobs’ title essay.
    Who Owns America? is a powerful and illuminating exploration of the very terrain that makes us Americans. Its broad set of theoretical and historical perspectives will fascinate historians, environmental activists, policy makers, and all who care deeply about the land we share.

[more]

front cover of Wildlife as Property Owners
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.
[more]


Send via email Share on Facebook Share on Twitter