Reinterpreting Property

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She has also contributed significantly to feminist legal theory, legal and political philosophy, and the evolution of law in the digital world. At the same time, she has continued to perform and study music. Radin is well known for developing the concept of market-inalienability, a term she coined to refer to what kinds of things should not be traded in markets. Her book, Contested Commodities , explores what kinds of market trades and resulting commodification should be disallowed or curtailed.

Radin is also known for re-examining the basis of freedom of choice that is basic to freedom of contract and how it is or is not reflected in contemporary law. Her book, Boilerplate , focuses on what types of alleged agreements between a firm and consumers should not be enforceable contracts, or at least not presumed enforceable without further investigation, and suggests other ways that standardization could be treated.

Radin travels frequently to lecture and participate in workshops and seminars on these topics. In addition to her books, Radin is the author of many frequently-cited articles and book chapters, two of which are on a list of most cited legal articles of all time, and many of which have been reprinted in textbooks and anthologies. Among other honors, she has been elected to the American Academy of Arts and Sciences.

Scott Professor of Law, Stanford University retired in Before moving to Stanford in , she held a tenured chair professorship at the University of Southern California Law Center. Brand new Book. Though the law of property affects our everyday lives and most basic rights, our legal culture continues to struggle over how to explain or justify the institution of property. This collection of essays assesses the liberal personality theory of property.


The author argues that the law should take into account non-monetary personal value attached to property - and that some things, such as bodily integrity, are so personal they should not be considered property at all. Prefaced by an introduction outlining the development of Radin's thought, placing it in a broader intellectual context, and addressing the various critiques that her position has elicited, this collection gathers pieces ranging from Radin's early essay on property and personhood to her recent works on takings.

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Seller Inventory n. Book Description University of Chicago press. Brand New. Seller Inventory New copy - Usually dispatched within 2 working days. Seller Inventory B Seller Inventory BTE Paperback or Softback. Reinterpreting Property. Seller Inventory BBS Items related to Reinterpreting Property. Margaret Jane Jane Radin. Publisher: University of Chicago Press , This specific ISBN edition is currently not available. This will decrease both within countries affected directly by climate change, and in those indirectly affected through the movement of large numbers of people displaced by the direct effects of climate change in their own countries.

In the case of rising sea levels, for instance, sixty percent of the human population lives within km of the ocean, with the majority in small- and medium-sized settlements on land no more than 5m above sea level. And private property, through securing choice about the use of goods and resources to those in the developed world, makes all of this possible. Private property and the commodification it depends upon seem to be in vogue at the moment as a solution to anthropogenic climate change.

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It is claimed, and we tend to believe, that creating a proprietary interest in carbon that can be bought and sold is the answer to the climate crisis. But is it really? We could just as easily say that the concept of private property is the primary culprit. Is it wise to entrust the solution to the concept that put us here? Before we pin our hopes on it as a cure-all, we might first ask whether the liberal concept of private property is ripe for just such a reappraisal.

Reinterpreting Property Margaret Jane Radin PDF by keanudosso - Issuu

We can choose, but we must do so with our eyes open to the reality: that private property and the contexts in which we live are in fact our choice, not that of governments. We can no longer wait for government to act, with cap-and-trade schemes or any other form of regulation.

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At the very least it is not enough, and at worst, it will take too long. Now is the time to act, and only we can take that action.

Amsterdam Law Forum

In exercising choice about our context and about goods and resources, we must take responsibility for ourselves, rather than waiting for our governments to act for us. Thanks to Joseph William Singer and Peter Burdon for reading and providing invaluable comments on earlier versions of this project.

Any remaining errors are, of course, entirely my own responsibility. Sandel ed.