Property And Persuasion: Essays On The History, Theory, And Rhetoric Of Ownership (New Perspectives on Law, Culture, and Society)

In an era in which socialism has been widely discredited, the moral and legal status of private property is crucial, and property theory has become one of the most active and exciting battlegrounds of contemporary political and social thought. In this important contribution to the theory of property, Carol Rose sympathetically examines the two currently dominant traditions—neoconservative utilitarianism and liberal communitarianism—acknowledging the strengths of each and laying the groundwork for a theory to bridge the gap between them.By insisting that community norms must underlie any property regime, she expands the horizons of property theory, exploring the role of narrative and storytelling in the establishment of these norms. The result is a study that credits the insights of rival views and breaks new ground both substantively in its implications for understanding property and methodologically in its application of the study of narrative to property law. Property and Persuasion is a valuable contribution to legal theory as well as to political and social philosophy, and it is essential reading for students and professionals in all these fields.