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Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies.
List of Illustrations
Preface

Introduction: Property, Governance, and a Plan for the Book
Staci M. Zavattaro, Gregory R. Peterson, and Ann E. Davis

Section I: Historical Roots of Property Rights

1. Is There a History of Property? Periodization of Property Regimes and Paradigms
Ann E. Davis

2. Law versus Democracy: Rewriting the History of Property Law in the Early Twentieth Century
R. Ben Brown

3. Early Roadway Construction and Establishing the Norm of Just Compensation for Takings
Jill Fraley

4. The Honest Speculator: Property, State, and Financial Regulation in Restoration France
Tyson Leuchter

Section II: Contemporary Explorations of Property Rights and Interpretations

5. Ecological Economics, Property Rights, and the Environmental “Meta- commons”
Donald G. Richards

6. Changing Historic Concepts of Water Rights and Water Ownership
Karen Z. Consalo

7. An Exploration of Coastal Property Rights in the United States under Conditions of Sea Level Rise
Chad J. McGuire

8. Using Property Rights as a Metaphor to Understand Personal Place Brand Identity
Staci M. Zavattaro

9. Intellectual Property and Fairness across Borders: A Capabilities Account
Gregory R. Peterson

10. NIMBY, NAMBY, and UAVS: The Drone Revolution
Timothy M. Ravich

Conclusion: The Future of Property
Gregory R. Peterson, Ann E. Davis, and Staci M. Zavattaro

Contributors
Index

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Publié par	State University of New York Press
Date de parution	31 janvier 2019
Nombre de lectures	0
EAN13	9781438472904
Langue	English

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PROPERTY RIGHTS IN CONTEMPORARY GOVERNANCE
PROPERTY RIGHTS IN CONTEMPORARY GOVERNANCE
Edited by Staci M. Zavattaro, Gregory R. Peterson, and Ann E. Davis
Published by State University of New York Press, Albany
© 2019 State University of New York
All rights reserved
Printed in the United States of America
No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.
For information, contact State University of New York Press, Albany, NY
www.sunypress.edu
Library of Congress Cataloging-in-Publication Data
Names: Zavattaro, Staci M., 1983- editor. | Peterson, Gregory R., 1966- editor. | Davis, Ann E., [date] editor.
Title: Property rights in contemporary governance / edited by Staci M. Zavattaro, Gregory R. Peterson, Ann E. Davis.
Description: Albany : State University of New York Press, [2019] | Includes bibliographical references and index.
Identifiers: LCCN 2018012994 | ISBN 9781438472898 (hardcover : alk. paper) | ISBN 9781438472904 (e-book)
Subjects: LCSH: Real property—Economic aspects—United States. | Land use—Law and legislation—United States. | Real property—United States—History.
Classification: LCC KF572 .P76 2019 | DDC 346.7304—dc23 LC record available at https://lccn.loc.gov/2018012994
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CONTENTS
List of Illustrations
Preface
Introduction: Property, Governance, and a Plan for the Book
Staci M. Zavattaro, Gregory R. Peterson, and Ann E. Davis
SECTION ONE HISTORICAL ROOTS OF PROPERTY RIGHTS
1 Is There a History of Property? Periodization of Property Regimes and Paradigms
Ann E. Davis
2 Law versus Democracy: Rewriting the History of Property Law in the Early Twentieth Century
R. Ben Brown
3 Early Roadway Construction and Establishing the Norm of Just Compensation for Takings
Jill Fraley
4 The Honest Speculator: Property, State, and Financial Regulation in Restoration France
Tyson Leuchter
SECTION TWO CONTEMPORARY EXPLORATIONS OF PROPERTY RIGHTS AND INTERPRETATIONS
5 Ecological Economics, Property Rights, and the Environmental “Meta-commons”
Donald G. Richards
6 Changing Historic Concepts of Water Rights and Water Ownership
Karen Z. Consalo
7 An Exploration of Coastal Property Rights in the United States under Conditions of Sea Level Rise
Chad J. McGuire
8 Using Property Rights as a Metaphor to Understand Personal Place Brand Identity
Staci M. Zavattaro
9 Intellectual Property and Fairness across Borders: A Capabilities Account
Gregory R. Peterson
10 NIMBY, NAMBY, and UAVS: The Drone Revolution
Timothy M. Ravich
Conclusion: The Future of Property
Gregory R. Peterson, Ann E. Davis, and Staci M. Zavattaro
Contributors
Index
ILLUSTRATIONS
Figure 7.1 Representation of four main categories of property rights based on the characteristics of divisibility and excludability
Figure 7.2 A representation of Lockean and Modern views of property rights in relation to social norms
Figure 7.3 Spectrum showing government power and limits to that power under the Fifth and Tenth Amendments to the United States Constitution
Figure 7.4 Spectrum showing government power and limits to that power under the Fifth and Tenth Amendments to the United States Constitution with regulatory takings cases placed within spectrum
Figure 8.1 Metaphor of place brand identity as local property
Figure 10.1 FAA airspace classification
PREFACE
We sat together in a classroom at Marist College in Poughkeepsie, New York, during Summer 2014, looking out the window to see a gorgeous view of the Hudson River, green hillscapes, and rumbling trains below. The three of us would not have met otherwise—an economist, a philosopher, and a public administration scholar. We had come together to participate in the National Endowment for the Humanities summer institute, “Meanings of Property,” developed and led by Ann Davis to foster interdisciplinary approaches to the study of property and ownership. Attendees affectionately called our summer together “Property Camp.” About thirty scholars from various disciplines such as economics, law, history, public administration, political science, and bioethics gathered for six weeks to study, debate, and exchange ideas about how property and its various interpretations guide our everyday lives. The viewshed outside our classroom window, as we learned, was critical in the area for both real property and social contract reasons.
The work of John Searle, particularly the book Making the Social World: The Structure of Human Civilization (2010), opened our analysis that summer. In that work, Searle argues that the relevance of the term property would be its meaning in particular social institutions. There would be language statements regarding how the term, and its referent, would be understood and used in social and cultural contexts. There would be “status function declarations,” which designate certain persons to have particular powers with regard to the object. Those declarations could be public and verifiable with official documents. For example, the registry of motor vehicles would verify that this 1968 Volkswagen Beetle is “my” car, that I had a title, that I had purchased the car from a legitimate dealer, and that its safety inspection verified it for road use. Further, it would be necessary to supply evidence that I was an authorized driver with car insurance and a driver’s license, for which I had been tested in a uniform procedure.
Work from Stuart Banner proved useful in the exploration in the historical variation property types, particularly his book American Property: A History of How, Why and What We Own (2011). Banner explored diverse historical and cultural contexts to demonstrate the wide variation in forms and types of property. Mary Poovey and Hendrik Hartog elaborated on the epistemological and institutional contexts of property. Alan Ryan provided the long-term history of property, citing Greek and Roman law, as well as liberal political theory. Robert Goldstein discussed the ecological implications of the definition of property, and Kenneth Pomeranz guided us in examining property variations in China as historically compared with the West. As readers can tell, the scope of our deliberations regarding such a seemingly simple construct as property was wide-ranging, including philosophical, economic, historical, cross-cultural, social, linguistic, and contextual factors.
During the institute, participants raised important questions regarding the importance of language. We challenged Searle’s foundation of all institutions in language statements, and proposed other forms of nonverbal communication that conveyed important social understandings. We questioned whether land was a particular kind of property, which existed prior to legal understandings and judicial proceedings. Others challenged the way that the human body has been conceptualized as property, not only in Locke’s famous argument for self-ownership but also in the historic institution of American slavery and contemporary medical practices that impinge particularly on the rights women have over their own bodies. Fellow scholars brought references to other literature and other disciplines, such as anthropologists David Harvey and Arjun Appadurai. We list the variety of authors here not to show how many books we read. No. Instead, we list them purposefully to underscore the interdisciplinary foundations that led to this volume.
Searle’s position on human rights was challenged, as well as his view that negative human rights, such as private property, were more enforceable than positive rights, such as adequate nutrition (Searle 2010). The role of property in the foundation of the liberal state, and its role in economic production and income distribution were other aspects that were mentioned. The rich discussions and debates provided much of the foundation for this book. To round out the volume, we invited in scholars from areas not as well represented at the seminar, and this led to the inclusion of interesting contributions about water rights and drone regulations. The intention is to share with the reader some of these questions, debates, and resources on this important issue of the “meanings of property,” including terminology, authoritative statements, and social institutions.
INTRODUCTION
Property, Governance, and a Plan for the Book
STACI M. ZAVATTARO, GREGORY R. PETERSON, AND ANN E. DAVIS
Imagine this scenario. A woman leaves her corporate job to open her dream bakery. She quits to enroll in pastry school. She takes out traditional loans yet also turns to GoFundMe, an online, crowdsourced fundraising platform, for assistance. There, she knows strangers can contribute to her online campaign for books and other school supplies. Upon graduation, she decides to start her own business but cannot immediately afford a storefront with kitchen equipment, so she rents space from a local corporation that makes a business of such ventures. She is there daily with other chefs preparing food for delivery. She then opens her virtual storefront, turning toward a free website hosting service. She does not need to pay a fee to use their templates to create a business website.
The orders come pouring in once her website goes live and word of mouth spreads. She expands to create an Instagram feed, a social media application focused