Property abandoned: Rights, wrongs and forgetting Durkheim

Publication Type

Book Chapter

Version

acceptedVersion

Publication Date

3-2020

Abstract

In exploring the regulation of global crises in the neo-liberal age a lawyer is inevitably drawn to re-imagining property. Located in neo-liberal exchange markets, law as an agent of scarcity, and property as fictitious commodities are enmeshed in a consideration of how property has dis-embedded from the social and law has been commodified as a force for dis-embedding. The big picture for the analysis to follow is viewed from the context of dis-embedding markets in exchange economies, and the manner in which property relationships, exclusionist commodification and neo-liberal legal agency perpetuate deep market power asymmetries that in turn represent and maintain economic inequality and social fragmentation. However, it is the vision of enabling access and not perpetuating right protections which positions property in this analysis as the process and the prize of a collective conscience in transit.

Discipline

Intellectual Property Law | Property Law and Real Estate

Research Areas

Innovation, Technology and the Law

Publication

Kritika: Essays on intellectual property

Volume

4

Editor

Peter Drahos, Gustavo Ghidini and Hanns Ullrich

First Page

100

Last Page

120

ISBN

9781839101335

Publisher

Edward Elgar

City or Country

Cheltenham

Embargo Period

5-31-2021

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License
This work is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 4.0 International License.

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