"In an era in which socialism has been widely discredited, the moral and legal status of private property is crucial, and property theory has become one of the most active and exciting battlegrounds of contemporary political and social thought. In this important contribution to the theory of property, Carol Rose sympathetically examines the two currently dominant traditions-neoconservative utilitarianism and liberal communitarianism-acknowledging the strengths of each and laying the groundwork for a theory to bridge the gap between them. By insisting that community norms must underlie any property regime, she expands the horizons of property theory exploring the role of narrative and storytelling in the establishment of these norms. The result is a study that credits the insights of rival views and breaks new ground both substantively in its implications for understanding property and methodologically in its application of the study of narrative to property law. Property and Persuasion is a valuable contribution to legal theory as well as to political and social philosophy, and it is essential reading for students and professionals in all these fields."
Table of Contents
Introduction: Approaching Property -- Initial Persuasions: Talk About Property -- Possession as the Origin of Property -- Property as Storytelling: Perspectives from Game Theory, Narrative Theory, Feminist Theory -- Wealth and Community, Then and Now -- "Takings" and the Practices of Property: Property as Wealth, Property as "Propriety" -- Ancient Constitution Versus Federalist Empire: Antifederalism from the Attack on “Monarchism” to Modern Localism -- Common Property -- The Comedy of the Commons: Custom, Commerce, and Inherently Public Property -- Energy and Efficiency in the Realignment of Common Law Water Rights -- Bargaining and Entitlement -- Crystals and Mud in Property Law -- Women and Property: Gaining and Losing Ground -- Persuasion Revisited: Vision and Property -- Seeing Property
Carol M Rose