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In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.
One of the common themes in recent public debate has been the law's inability to accommodate the new ways of creating, distributing and replicating intellectual products. In this book the authors argue that in order to understand many of the problems currently confronting the law, it is necessary to understand its past. This is its first detailed historical account. In this book the authors explore two related themes. First, they explain why intellectual property law came to take its now familiar shape with sub-categories of patents, copyright, designs and trade marks. Secondly, the authors set out to explain how it is that the law grants property status to intangibles. In doing so they explore the rise and fall of creativity as an organising concept in intellectual property law, the mimetic nature of intellectual property law and the important role that the registration process plays in shaping intangible property.
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.
A critique of the greatest reallocation of resources in the history of the world and an analysis of its effects on indigenous peoples, the growth of property rights, and the evolution of ideas that make up the foundation of the modern world.
One of the world's leading political thinkers explores the history, nature, and prospects of the liberal tradition The Making of Modern Liberalism is a deep and wide-ranging exploration of the origins and nature of liberalism from the Enlightenment through its triumphs and setbacks in the twentieth century and beyond. The book is the fruit of the more than four decades during which Alan Ryan, one of the world's leading political thinkers, reflected on the past of the liberal tradition—and worried about its future. This is essential reading for anyone interested in political theory or the history of liberalism.
The idea that land should be—or even could be—treated like any other commodity has not always been a given. For much of British history, land was bought and sold in ways that emphasized its role in complex networks of social obligation and political power, and that resisted comparisons with more easily transacted and abstract markets. Fast-forward to today, when house-flipping is ubiquitous and references to the fluctuating property market fill the news. How did we get here? In Marketable Values, Desmond Fitz-Gibbon seeks to answer that question. He tells the story of how Britons imagined, organized, and debated the buying and selling of land from the mid-eighteenth to the early twentieth century. In a society organized around the prestige of property, the desire to commodify land required making it newly visible through such spectacles as public auctions, novel professions like auctioneering, and real estate journalism. As Fitz-Gibbon shows, these innovations sparked impassioned debates on where, when, and how to demarcate the limits of a market society. As a result of these collective efforts, the real estate business became legible to an increasingly attentive public and a lynchpin of modern economic life. Drawing on an eclectic range of sources—from personal archives and estate correspondence to building designs, auction handbills, and newspapers—Marketable Values explores the development of the British property market and the seminal role it played in shaping the relationship we have to property around the world today.
In The Making of Modern Britain, Andrew Marr paints a fascinating portrait of life in Britain during the first half of the twentieth century as the country recovered from the grand wreckage of the British Empire. Between the death of Queen Victoria and the end of the Second World War, the nation was shaken by war and peace. The two wars were the worst we had ever known and the episodes of peace among the most turbulent and surprising. As the political forum moved from Edwardian smoking rooms to an increasingly democratic Westminster, the people of Britain experimented with extreme ideas as they struggled to answer the question ‘How should we live?’ Socialism? Fascism? Feminism? Meanwhile, fads such as eugenics, vegetarianism and nudism were gripping the nation, while the popularity of the music hall soared. It was also a time that witnessed the birth of the media as we know it today and the beginnings of the welfare state. Beyond trenches, flappers and Spitfires, this is a story of strange cults and economic madness, of revolutionaries and heroic inventors, sexual experiments and raucous stage heroines. From organic food to drugs, nightclubs and celebrities to package holidays, crooked bankers to sleazy politicians, the echoes of today's Britain ring from almost every page.
The French Revolution remade the system of property-holding that had existed in France before 1789. This work engages with this historical process not from an economic or social perspective, but from the perspective of the laws and institutions of property.
When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.