Is Law Unbounded? Property Rights and Control of Social Groupings
Interdisciplinary Center Herzliyah - Radzyner School of Law
May 24, 2010
Law of Social Inquiry, Vol. 35, p. 517, 2010
This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in metropolitan areas. The model is based on a property rights regime of “alienable entitlements,” as articulated by Lee Anne Fennell in The Unbounded Home (2009). The essay frames this model as promoting a groundbreaking approach to the fundamental quandary over the role of law as a tool for broad-based social change, and asks if legal rules can fully absorb the multiple types of societal effects that influence the nature of contemporary homeownership. It assesses the normative desirability and practical feasibility of controlling social exclusion through property rights.
Number of Pages in PDF File: 30
Keywords: property, housing, land, metropolitan areas, segregation, exclusion, entitlements, law and economics, law and society, externality, constitutional law, public law, private law, Brown, fair housing, social change, causality, jurisprudence, community, game theory, options, local government, bargaining
JEL Classification: C70, D10, H71, J6, K00, K11, R1, R2, R31, R51Accepted Paper Series
Date posted: November 26, 2009 ; Last revised: May 24, 2010
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