The legal invisibilization of the social nature of property: hegemonies and resistances
Abstract
This research shows how the persistence of a dyadic legal conception of property has made the historical, social and political character of property invisible, naturalising the resulting inequality. The paper examines how legal realism and the conception of property as a bundle of rights contributed to redefine property as a historically contingent reality, subject to economic, social and political conditions and interests. The study finally discusses how the crytallization of bundles of rights in the conceptualization and governance of the commons can constitute a promising tool, both analytical and normative, for the democratization of property in the contemporary world.
Downloads
Article download
Crossmark
License
In order to support the global exchange of knowledge, the journal Res Publica. Revista de Historia de las Ideas Políticas is allowing unrestricted access to its content as from its publication in this electronic edition, and as such it is an open-access journal. The originals published in this journal are the property of the Complutense University of Madrid and any reproduction thereof in full or in part must cite the source. All content is distributed under a Creative Commons Attribution 4.0 use and distribution licence (CC BY 4.0). This circumstance must be expressly stated in these terms where necessary. You can view the summary and the complete legal text of the licence.
