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Property in Contemporary Capitalism

Property in Contemporary Capitalism

  • 作者:
  • 出版商: Bristol University Press
  • ISBN: 9781529238143
  • 出版时间 July 2024
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥249.10
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  • 描述 
  • 大纲 
  • 详细

    Amid the shift towards neoliberalism and the privatization of resources, this book provides a radical new lens to view property and property theory.

    Boldly challenging the conventional theories of property law that have shaped our understanding for centuries, leading expert Paddy Ireland explores the rise and growth of new intangible property forms; the nature of ‘investment’ and of property-as-capital; and the empirical realities of modern property.

    Raising broader questions about ownership in society, the author ignites a powerful conversation about the increasingly unequal distribution of wealth, forcing us to confront that our current property system bears considerable responsibility for the current ‘polycrisis.

    This groundbreaking work will set the agenda for a new era in property theory.

  • 1 Introduction
    2 From Thing-Ownership to Bundle of Rights to Social Relation
    Property as thing-ownership: the Blackstonian conception
    'Heroic reification': creating objects of property
    The conceptual limitations of ‘property’ and ‘ownership’
    The rise of property as thing- ownership
    From bundle of rights to social relation
    Vanishing into thin air: property as a ‘conceptual mirage’
    3 The Dual Nature of Property
    The revolution in property: institutionalising modern property
    Private property, individual autonomy and identity
    Personal possessions versus productive resources
    Capital, capitalist and capitalism
    Property as capital
    The reconceptualisation of the joint stock company share
    4 Profiting from the Efforts of Others
    Capital and investment
    Profiting from the ownership of productive resources
    The rise of ‘rentierism’
    The new enclosures
    Profiting from debt
    The distribution of wealth and capital
    The gender, racial and inter-generational dimensions of wealth inequality
    Ownership of public debt
    Rising private wealth, declining public wealth
    Speculating on the future
    5 Defending the Property Status Quo: Analytical Jurisprudence
    The new essentialism: reviving property as thing-ownership
    The ubiquity of property institutions
    The dangers of abstraction
    Dominium in Roman law
    The idea of property in law
    6 Defending the Property Status Quo: Law and Economics
    The modern corporation and the threat to shareholder rights
    Social democracy and the socialised corporation
    Defending the rentier: the market for corporate control
    Contractual theories of the corporation: reprivatising the public company
    The fictional corporation rematerialises
    The rise of financialised corporate governance
    Information cost theories of property
    Facilitating the market: functionalism and efficiency
    Property rights as ‘special’
    7 Property in Contemporary Capitalism
    Universalising capitalism
    Historicising property: private property and capitalism
    Creating property-as-capital
    Prioritising the investor interest
    The new aristocracy of finance
    Containing democracy: the ‘new constitutionalism’
    Derisking new property
    Neoliberal ideology versus neoliberal practice
    8 Property and Social Transformation
    Property as a historical category
    Thing-ownership, bundles of rights or social relation?
    The social relational dimensions of property
    Bringing capitalism back in
    Capitalism’s logic of process
    The moral logic of capitalism
    Changing the logic: gradual transformative change?

    Bibliography
    Index

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