Citations (2)


Footnotes (39)



Property and the Public Domain

Hanoch Dagan

Tel Aviv University - Buchmann Faculty of Law

Yale Journal of Law and the Humanities, Vol. 17, No. 3, Spring 2006

Friends of the public domain are typically suspicious of property-talk. Property is perceived as the foe, epitomizing the threat of a shrinking public domain. I argue that this common view both misguided and unfortunate. It is misguided because the cleavage between property discourse and a thriving public domain is largely illusory: the form, the substance, and the history of property convey lessons that are rather helpful to the goal of revitalizing a rich and vibrant public domain. It is unfortunate because the concept of property has enormous rhetorical power in shaping people's expectations and therefore in the construction of what they deem normal, obvious, and thus clearly justified. For both reasons, friends of the public domain should embrace property, rather than fight it.

Number of Pages in PDF File: 13

Open PDF in Browser Download This Paper

Date posted: November 21, 2005  

Suggested Citation

Dagan, Hanoch, Property and the Public Domain. Yale Journal of Law and the Humanities, Vol. 17, No. 3, Spring 2006. Available at SSRN: http://ssrn.com/abstract=852024

Contact Information

Hanoch Dagan (Contact Author)
Tel Aviv University - Buchmann Faculty of Law ( email )
Ramat Aviv
Tel Aviv 69978, IL
+972 3 640 7302 (Phone)
Feedback to SSRN

Paper statistics
Abstract Views: 1,921
Downloads: 291
Download Rank: 77,221
Citations:  2
Footnotes:  39

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollobot1 in 0.234 seconds