10 / Property and Sovereignty

Neoliberalism and the legality of peer platform markets

“…The American legal realists of the early twentieth century, such as Hale (1923) and Cohen (1927), highlighted the fact that the liberal legal infrastructure of private law served to privilege the interests of capitalists over workers. Later in the twentieth century, feminist critics such as Olsen (1983) showed how private law in liberal societies favoured men at the expense of women.…”

Legal realism and human rights

“…In the middle ages, Cohen argued, 'Ownership of the land and local political sovereignty were inseparable.' 48 And into the modern period, property retained its essential political significance. Politically understood, as they actually operated in the world, property rights remarkably resembled 'sovereign power' in their ability to compel 'service and obedience.'…”

“…47 In his essay 'Property and Sovereignty,' Cohen imploded the naturalistic distinction between private property rights and public sovereignty by demonstrating their historical and legal interdependence. In the middle ages, Cohen argued, 'Ownership of the land and local political sovereignty were inseparable.'…”

“…It determines what men shall acquire.' 50 Rather than be fooled by the naturalistic rights rhetoric of late 19th century jurisprudence, Cohen insisted upon a realistic socioeconomic understanding of the politics and power deployed under the guise of 'rights', particularly rights of property. One thing a historical approach to human rights allows is a direct comparison of the history of property rights and the history of human rights (ideas which are often viewed from different political perspectives).…”

Property rights and landscape planning in the intermountain west: The Teton Valley case

“…Pragmatically the products of one's labor can be protected in forms of property other than land, and successful governance requires treating property as a politically generated bundle of rights (Horwitz, 1992;Varner, 1994). From this perspective property merely reflects a politically crafted relationship between people regarding things (Cohen, 1927).…”