Reinterpreting Property by Margaret Jane Radin

By Margaret Jane Radin

This number of essays via one of many country's prime estate theorists revitalizes the liberal character conception of property.

Departing from conventional libertarian and fiscal theories of estate, Margaret Jane Radin argues that the legislations may still take note of nonmonetary own price hooked up to property—and that a few issues, resembling physically integrity, are so own they need to no longer be thought of estate in any respect. accumulated listed below are items starting from Radin's vintage early essay on estate and personhood to her contemporary works on governmental "taking" of non-public property.

Margaret Jane Radin is professor of legislation at Stanford collage. She is the writer of over twenty-five articles on felony and political concept.

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My present view is that many of our personal endowments and capacities associated with the body stubbornly resist conventional description as property. They remain “properties” only in the sense of attributes, that is, and do not become “property” in the sense of severable objects. ) While this situation prevails, the categories of personal and fungible property are not in danger of imposing rigidity in this particular debate, because the personal property category is not applicable. Perhaps as commodification progresses we will tend to think more readily of bodily organs, endowments and capacities as property.

A pragmatist does not suggest that all ideal theory is impossible or that we can somehow do without it altogether. Rather, for the pragmatist, theory is immanent and evolving; its development goes hand in hand with practice. Visions of a better life are part of life; they give us the impetus to try to change things. At the same time, those visions of the ideal are constituted by life as it is now, and they will change as we change our life. Theory-visions of a different and better future-is indeed necessary or there is nothing that we can understand as progress and therefore no way for us to mobilize ourselves to work for progress.

Moreover, I brought up the issue of the communitarian landlord. Some landlords may be communitarian in that they relate to the tenants as members of a community with themselves and not merely as buyers of a fungible commodity. ”22Still, the issue remains to be discussed whether legal enactment of tenants’ rights is the best way to make progress toward a world in which landlords and tenants are more closely linked in community. As I mention below, critics from the right think the answer is obviously “no,” whereas critics from the left think the answer depends upon whether the tenants themselves push for these rights as part of a program for their own empowerment.

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