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In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
A fundamental critique of the current property regime, calling for radical social and political change. In The Abuse of Property, Daniel Loick offers a multifaceted philosophical critique of the concept of property, broadly understood. He argues that property should not be the dominant framework in which human beings regulate the use of things, that property is not the same as use. Property rights, in his view, are not conditions of freedom or justice, but deficient, dysfunctional, and harmful ways of interacting with other people and the natural environment. He dissects not only the classic justifications of property (from John Locke's justification of property as a natural right based on individual freedom to Hegel's justification of property as a form of mutual recognition) but also the classic critiques of property, from Proudhon and Marx up to Adorno and Agamben. Through an innovative critical approach to legal studies, Loick demonstrates how the concept of property, historically applied to things and people and still a linchpin of our distorted relation with the world, forms a direct line from the Occupy movement to Black Lives Matter and beyond.
How are the environmental conflicts of our time intertwined with the legacies of Spanish imperialism and early modern globalization? In Ecological Imperialism in Early Modern Spanish Narratives: Excavating the Environmental Conflicts of the Iberian Globalization, Miguel Ibáñez Aristondo argues that to understand the historical ramifications of the ecological crisis, it is imperative to excavate the fragmented histories and entangled viewpoints associated with European imperialism. Drawing on early modern Iberian, Indigenous, and European sources, the book interrogates how early modern debates regarding war, free trade, abundance, property, race, sovereignty, and history were deeply entwined within ideas and theories driving the relationship between humans and the environment. By exploring the conflict-ridden experiences arising from Spanish imperialism, the book argues that ecological crises have given rise to divergent visions and social hierarchies over time, driven by environmental conflicts opposing social justice and collective life to capital accumulation and imperial competition.
Robert Nichols reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present.
In Unsettled Labors, Rachel H. Brown explores the overlooked labor of migrant workers in Israel’s eldercare industry. Brown argues that live-in eldercare in Palestine/Israel, which is primarily done by migrant workers, is an often invisible area where settler colonialism is reproduced culturally, economically, and biologically. Situating Israeli labor markets within a longer history of imperialism and dispossession of Palestinian land, Brown positions migrant eldercare within the resulting tangle of Israeli laws, policies, and social discourses. She draws from interviews with caretakers, public statements, court documents, and first-hand fieldwork to uncover the inherently contradictory na...
Dispossession describes the condition of those who have lost land, citizenship, property, and a broader belonging to the world. This thought-provoking book seeks to elaborate our understanding of dispossession outside of the conventional logic of possession, a hallmark of capitalism, liberalism, and humanism. Can dispossession simultaneously characterize political responses and opposition to the disenfranchisement associated with unjust dispossession of land, economic and political power, and basic conditions for living? In the context of neoliberal expropriation of labor and livelihood, dispossession opens up a performative condition of being both affected by injustice and prompted to act. ...
The Oxford Handbook of Transnational Law offers a comprehensive compendium for the field of Transnational Law by providing a unique and unparalleled treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.
The contributors to Corporate Citizen explore the legal frameworks and standards of conduct for multinational corporations. In a globalized world governed by domestic and international law, these corporations can be everywhere and nowhere at once, reaping financial benefits and enjoying the protections of investor-state arbitration but rarely being held accountable for the economic, environmental, and human rights harms they may have caused. Given the far-reaching power and success of the transnational corporation, and the many legal tools allowing these companies to avoid liability, how can governments protect their citizens? Broad-ranging in perspective, colourful and thought-provoking, the chapters in Corporate Citizen make the case that because the success of corporate global citizenship risks undermining national and international democratic governance, the multinational corporation must be more closely scrutinized and controlled – in the service of humanity and the protection of the natural environment.
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