Flipping the Other Way: Access, Not Protection, and the Role of Rights

21 Pages Posted: 15 May 2019

See all articles by Mark Findlay

Mark Findlay

Singapore Management University - School of Law; Singapore Management University - Centre for AI & Data Governance

Date Written: April 16, 2019

Abstract

Because of the presently-skewed neoliberal distinction of rights and obligations in favour of exclusion, rights relationships will be rejected as a platform for understanding and advancing the emerging age of access. Due to the way in which neoliberal individualist economic abstraction has so infiltrated rights, any reformed and repositioned rights discourse cannot be adapted to a revision of property valuing based on access rather than exclusion. Encountering a pervasive individualist interpretation of ‘liberty’ thwarts a more communitarian legal regulation. The access revolution is not breaching the bastion of property rights and challenging exclusionist individualised liberty. Instead of seeking to flip around claimed rights to favour access against exclusion, this access groundswell denies exclusionist claimed rights and reverts to exercising simpler, direct social relations with property that are not built on rent but rather redeem social values that more open access ensures. In this context, the paper argues, it makes no sense and indeed may do no more than shift contestation and exclusionist claims, to employ law as an agent for diminishing the rights of royalty holders and investing these in access modes and movements.

Keywords: Neoliberalism, Rights Access

JEL Classification: K20

Suggested Citation

Findlay, Mark James, Flipping the Other Way: Access, Not Protection, and the Role of Rights (April 16, 2019). Available at SSRN: https://ssrn.com/abstract=3372677 or http://dx.doi.org/10.2139/ssrn.3372677

Mark James Findlay (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - Centre for AI & Data Governance ( email )

55 Armenian Street
Singapore
Singapore

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