This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing from traditional libertarian and economic theories of property, Margaret Jane Radin argues that the law should take into account nonmonetary personal value attached to property and that some things, such as bodily integrity, are so personal they should not be considered property at all. Gathered here are pieces ranging from Radin's classic early essay on property and personhood to her recent works on governmental "taking" of private property....
This collection of essays by one of the country's leading property theorists revitalizes the liberal personality theory of property. Departing fro...
Not only are there willing buyers for body parts or babies, Radin observes, but some desperately poor people would be willing sellers, while better-off people find such trades abhorrent. Radin observes that many such areas of contested commodification reflect a persistent dilemma in liberal society: we value freedom of choice and simultaneously believe that choices ought to be restricted to protect the integrity of what it means to be a person. She views this tension as primarily the result of underlying social and economic inequality, which need not reflect an irreconcilable conflict in...
Not only are there willing buyers for body parts or babies, Radin observes, but some desperately poor people would be willing sellers, while better...
The Internet Age has created vast and ubiquitous databases of personal information in universities, corporations, government agencies, and doctors' offices. Every week, stories of databases being compromised appear in the news. Yet, despite the fact that lost laptops and insecure computer servers jeopardize our privacy, privacy and security are typically considered in isolation. Advocates of privacy have sought to protect individuals from snooping corporations, while advocates of security have sought to protect corporations from snooping individuals. Securing Privacy in the Internet...
The Internet Age has created vast and ubiquitous databases of personal information in universities, corporations, government agencies, and doctors' of...
Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems...
Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment c...
