Property Outlaws

Author: Eduardo M. Penalver
Publisher: Yale University Press
ISBN: 0300161239
Format: PDF, Kindle
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Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

The Idea of Property

Author: Laura S. Underkuffler
Publisher: Oxford University Press on Demand
ISBN: 9780199254187
Format: PDF
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Legal scholars and philosophers have long been engaged in what has been called 'the pursuit of the holy grail of property' - the secret of the internal structure of property in law. Attempts to capture the idea of property have encountered two fundamental problems. First, it has been notoriously difficult to advance beyond the observation that property involves 'ownership' of 'things', with the incidents of ownership and the list of things owned an essentially descriptive task. Second,it is difficult to explain the wildly inconsistent power that property rights - even when identified - seem to enjoy. In this book, Professor Underkuffler advances our understanding of what property is, as an idea, and the power that claimed property rights should have against competing public interests. There is, she argues, a deeper analytical structure of the idea of property that we can uncover, and - as a result of that discovery - deeper reasons that we can find for property's variable power. It is not a random or unprincipled event that property generally protects in cases involving land titles or patent claims, and fails to protect in cases involving environmental regulation or redistributive taxation. She argues that these results are driven - indeed, predetermined - by the nature of property, as an idea, and the conflicts of that idea with competing public interests. The implications of this book are far-reaching. It explains and justifies - on new grounds -why some property claims are traditionally powerful in law, and others not. It suggests how property rights in controversial or emerging areas should be treated, such as those involving the body as property, personal information as property, cultural property, and state redistributive claims. Finally, it establishes why the protection of property is, in fact, necessarily different from freedom of speech, freedom of religion, due process of law, and other rights - necessitating its different treatment, and lesser protection, as a constitutional right.

Property Place and Piracy

Author: Martin Fredriksson
Publisher: Routledge
ISBN: 135172021X
Format: PDF, ePub, Docs
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This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.

The Pirate Organization

Author: Rodolphe Durand
Publisher: Harvard Business Press
ISBN: 1422183203
Format: PDF
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A short history of piracy and capitalism When capitalism spread along the trade routes toward the Indies…when radio opened an era of mass communication . . . when the Internet became part of the global economy…pirates were there. And although most people see pirates as solitary anarchists out to destroy capitalism, it turns out the opposite is true. They are the ones who forge the path. In The Pirate Organization, Rodolphe Durand and Jean-Philippe Vergne argue that piracy drives capitalism’s evolution and foreshadows the direction of the economy. Through a rigorous yet engaging analysis of the history and golden ages of piracy, the authors show how pirates form complex and sophisticated organizations that change the course of capitalism. Surprisingly, pirate organizations also behave in predictable ways: challenging widespread norms; controlling resources, communication, and transportation; maintaining trade relationships with other communities; and formulating strategies favoring speed and surprise. We could learn a lot from them—if only we paid more attention. Durand and Vergne recommend that rather than trying to stamp out piracy, savvy entrepreneurs and organizations should keep a sharp eye on the pirate space to stay successful as the game changes—and it always does. First published in French to great critical acclaim and commercial success as L’Organisation Pirate: Essai sur l’évolution du capitalisme, this book shows that piracy is not random. It’s predictable, it cannot be separated from capitalism, and it likely will be the source of capitalism’s continuing evolution. Pirates, surprisingly, also behave in predictable ways: challenging widespread norms; controlling resources, communication, and transportation; maintaining trade relationships with other communities; and formulating strategies favoring speed and surprise. And we can learn from them. Durand and Vergne recommend that rather than trying to stamp out piracy, savvy companies should keep a sharp eye on the pirate space. Only then can they detect how capitalism’s rules of engagement are changing—and then revise their business practices to remain successful in the new game.

Partly Laws Common to All Mankind

Author: Jeremy Waldron
Publisher: Yale University Press
ISBN: 0300148658
Format: PDF, ePub, Mobi
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Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

The Rational Choice Controversy

Author: Jeffrey Friedman
Publisher: Yale University Press
ISBN: 9780300068214
Format: PDF, Kindle
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Pathologies of Rational Choice Theory, a book written by Donald Green and Ian Shapiro and published in 1994, excited much controversy among political scientists and promoted a dialogue that was printed in a double issue of the journal Critical Review in 1995. This new book reproduces thirteen essays from that journal written by senior scholars in the field, along with an introduction by the editor of the journal, Jeffrey Friedman, and a rejoinder to the essays by Green and Shapiro. The scholars - who include John Ferejohn, Morris P. Fiorina, Stanley Kelley, Jr., Robert E. Lane, Peter C. Ordeshook, Norman Schofield, and Kenneth A. Shepsle - criticize, agree with, or build on Green and Shapiro's critique. Together the essays provide an interesting and accessible way of focusing on completing approaches to the study of politics and the social sciences.

The Squatters Movement in Europe

Author: . Squatting Europe Kollective
Publisher: Pluto Press
ISBN: 9780745333953
Format: PDF, ePub
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The Squatters' Movement in Europe is the first definitive guide to squatting as an alternative to capitalism. It offers a unique insider's view on the movement – its ideals, actions and ways of life. At a time of growing crisis in Europe of high unemployment, dwindling social housing and declining living standards squatting has become an increasingly popular option. The book is written by an activist-scholar collective, of which all members have direct experience of squatting and many are still squatters today. There are contributions from Holland, Spain, the USA, France, Italy, Germany, Switzerland and the UK. In an age of austerity and precarity this book contributes with in-depth reflections and practical examples of what has been achieved by this resilient social movement, which holds lessons for policy makers, activists and academics alike.

The Future of Law and Economics

Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Format: PDF, ePub
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In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Law in Brief Encounters

Author: William Michael Reisman
Publisher:
ISBN: 9780300075694
Format: PDF, Docs
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Even in our most casual encounters with strangers - when we are looking at each other, talking, or standing in line - legal systems with elaborate codes, authorized exceptions, and procedures for sanctioning deviance operate with a remarkable degree of success. In this pathbreaking book, Michael Reisman describes how law is an integral and indispensable part of every social interaction. The private sphere or civic order that the liberal state is committed to preserving and in which it tries to refrain from legislating, says Reisman, is not a legal vacuum but the zone of microlaw - some of it just, some unsatisfactory, and some tyrannical. Interweaving numerous real-life examples with a detailed review of the scientific literature of many disciplines, Reisman shows the extent to which microlegal systems function in our own lives. More important, he draws on the criteria of ethics and legal philosophy to demonstrate that, paradoxically, efforts to improve microlaw may threaten the very autonomy of the private sphere that is central to the liberal state.