Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.

This collection seeks to expand the limits of current debates about urban commoning practices that imply a radical will to establish collaborative and solidarity networks based on anti-capitalist principles of economics, ecology and ethics. The chapters in this volume draw on case studies in a diversity of urban contexts, ranging from Detroit, USA to Kyrenia, Cyprus – on urban gardening and land stewardship, collaborative housing experiments, alternative food networks, claims to urban leisure space, migrants’ appropriation of urban space and workers’ cooperatives/collectives. The analysis pursued by the eleven chapters opens new fields of research in front of us: the entanglements of racial capitalism with enclosures and of black geographies with the commons, the critical history of settler colonialism and indigenous commons, law as a force of enclosure and as a strategy of commoning, housing commons from the urban scale perspective, solidarity economies as labour commons, territoriality in the urban commons, the non-territoriality of mobile commons, the new materialist and post-humanist critique of the commons debate and feminist ethics of care.

“The fascinating and little-known tale of the Lower East Side squatters of the Eighties . . . a radical, European-inspired housing movement” (The Village Voice). Though New York’s Lower East Side today is home to high-end condos and hip restaurants, it was for decades an infamous site of blight, open-air drug dealing, and class conflict—an emblematic example of the tattered state of 1970s and ’80s Manhattan. Those decades of strife, however, also gave the Lower East Side something unusual: a radical movement that blended urban homesteading and European-style squatting in a way never before seen in the United States. Ours to Lose tells the oral history of that movement through a close look at a diverse group of Lower East Side squatters who occupied abandoned city-owned buildings in the 1980s, fought to keep them for decades, and eventually began a long, complicated process to turn their illegal occupancy into legal cooperative ownership. Amy Starecheski here not only tells a little-known New York story, she also shows how property shapes our sense of ourselves as social beings and explores the ethics of homeownership and debt in post-recession America. “There are many books about the Lower East Side and its recent transformation, yet none has included engagement or oral history with primary organizers in the way Starecheski has. Ours to Lose is a unique and substantive contribution to our understanding of a most distinct practice in the shaping of urban space.” —Metropolitiques “What is significant is that the author demonstrates how some New Yorkers addressed the housing crisis in an unconventional manner. Recommended.” —Choice

Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved—especially misappropriations of intellectual property, information, ideas, identities, and virtual property. In Thirteen Ways to Steal a Bicycle, Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient’s tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site? In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation—and soon.

This book introduces readers to the concept of territory as it applies to law while demonstrating the particular work that territory does in organizing property relations. Territories can be found in all societies and at all scales, although they take different forms. The concern here is on the use of territories in organizing legal relations. Law, as a form of power, often works through a variety of territorial strategies, serving multiple legal functions, such as attempts at creating forms of desired behaviour. Landed property, in Western society, is often highly territorial, reliant on sharply policed borders and spatial exclusion. But rather than thinking of territory as obvious and given or as a natural phenomenon, this book focuses particularly on its relation to property to argue that territory is both a social product, and a specific technology that organizes social relations. That is: territory is not simply an outcome of property relations but a strategic means by which such relations are communicated, imagined, legitimized, enforced, naturalized and contested. Accessible to students, this book will be of interest to those working in the areas of sociolegal studies, geography, urban studies, and politics.

This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the ‘threat’ of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of ‘squatting’. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one's own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.

A Companion to Public Art is the only scholarly volume to examine the main issues, theories, and practices of public art on a comprehensive scale. Edited by two distinguished scholars with contributions from art historians, critics, curators, and art administrators, as well as artists themselves Includes 19 essays in four sections: tradition, site, audience, and critical frameworks Covers important topics in the field, including valorizing victims, public art in urban landscapes and on university campuses, the role of digital technologies, jury selection committees, and the intersection of public art and mass media Contains “artist’s philosophy” essays, which address larger questions about an artist’s body of work and the field of public art, by Julian Bonder, eteam (Hajoe Moderegger and Franziska Lamprecht), John Craig Freeman, Antony Gormley, Suzanne Lacy, Caleb Neelon, Tatzu Nishi, Greg Sholette, and Alan Sonfist.

Linguists and anthropologists explore the intriguing variety of possessive phrases denoting ownership of property, whole-part relations (such as body and plant parts), and blood and affinal kinship relations across a wide range of languages. Like others in the series this pioneering book will be equally valued in linguistics and anthropology.

The city is a paradoxical space, in theory belonging to everyone, in practice inaccessible to people who cannot afford the high price of urban real estate. Within these urban spaces are public and social goods including roads, policing, transit, public education, and culture, all of which have been created through multiple hands and generations, but that are effectively only for the use of those able to acquire private property. Why should this be the case? As Margaret Kohn argues, when people lose access to the urban commons, they are dispossessed of something to which they have a rightful claim - the right to the city. Political theory has much to say about individual rights, equality, and redistribution, but it has largely ignored the city. In response, Kohn turns to a mostly forgotten political theory called solidarism to interpret the city as a form of common-wealth. In this view, the city is a concentration of value created by past generations and current residents: streets, squares, community centers, schools and local churches. Although the legal title to these mixed spaces includes a patchwork of corporate, private, and public ownership, if we think of the spaces as the common-wealth of many actors, the creation of a new framework of value becomes possible. Through its novel mix of political and urban theory, The Death and Life of the Urban Commonwealth proposes a productive way to rethink struggles over gentrification, public housing, transit, and public space.