Property abandoned: Rights, wrongs and forgetting Durkheim

• Main Author: FINDLAY, Mark
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2020
• Subjects: Intellectual Property Law; Property Law and Real Estate
• Online Access: https://ink.library.smu.edu.sg/sol_research/3268; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=cdi_edwardelgar_ebooks_9781839101342&context=PC&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Primo%20Central&tab=Everything&query=any,contains,Kritika:%20Essays%20on%20intellectual%20property&offset=0
• Institution: Singapore Management University

In exploring the regulation of global crises in the neo-liberal age a lawyer is inevitably drawn to re-imagining property. Located in neo-liberal exchange markets, law as an agent of scarcity, and property as fictitious commodities are enmeshed in a consideration of how property has dis-embedded from the social and law has been commodified as a force for dis-embedding. The big picture for the analysis to follow is viewed from the context of dis-embedding markets in exchange economies, and the manner in which property relationships, exclusionist commodification and neo-liberal legal agency perpetuate deep market power asymmetries that in turn represent and maintain economic inequality and social fragmentation. However, it is the vision of enabling access and not perpetuating right protections which positions property in this analysis as the process and the prize of a collective conscience in transit.