In America, we are eager to claim ownership: our homes, our
ideas, our organs, even our own celebrity. But beneath our nation s
proprietary longing looms a troublesome question: what does it mean
to own something? More simply: what is property?
The question is at the heart of many contemporary controversies,
including disputes over who owns everything from genetic material
to indigenous culture to music and film on the Internet. To decide
if and when genes or culture or digits are a kind of property that
can be possessed, we must grapple with the nature of property
itself. How does it originate? What purposes does it serve? Is it a
natural right or one created by law?
Accessible and mercifully free of legal jargon, " American
Property" reveals the perpetual challenge of answering these
questions, as new forms of property have emerged in response to
technological and cultural change, and as ideas about the
appropriate scope of government regulation have shifted. This first
comprehensive history of property in the United States is a
masterly guided tour through a contested human institution that
touches all aspects of our lives and desires.
Stuart Banner shows that property exists to serve a broad set
of purposes, constantly in flux, that render the idea of property
itself inconstant. Despite our ideals of ownership, property has
always been a means toward other ends. What property signifies and
what property is, we come to see, has consistently changed to match
the world we want to acquire.
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