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OverviewAmid the shift towards neoliberalism and the privatisation 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 the stark contrast between property owners and those who will never afford it. This groundbreaking work will set the agenda for a new era in property theory. Full Product DetailsAuthor: Paddy Ireland (University of Bristol)Publisher: Bristol University Press Imprint: Bristol University Press ISBN: 9781529238143ISBN 10: 1529238145 Pages: 208 Publication Date: 31 July 2024 Audience: General/trade , General Format: Paperback Publisher's Status: Forthcoming Availability: Not yet available, will be POD  This item is yet to be released. You can pre-order this item and we will dispatch it to you upon it's release. This is a print on demand item which is still yet to be released. Table of Contents1 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 39 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 IndexReviewsAuthor InformationPaddy Ireland is Professor of Law at the University of Bristol. Tab Content 6Author Website:Countries AvailableAll regions |
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