Reinterpreting Property

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 i [...]
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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.