Property and Sovereignty

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

’Combining an impressively broad range of analyses into diverse property challenges with deep and thoughtful reflection on the relationships between property and political sovereignty, and the role of property in supporting personal (or owner) sovereignty, this book has been skilfully edited to deliver fascinating, significant and coherent insights for property theory.’ Lorna Fox O’Mahony, University of Essex, UK ’In the early 21st century, no concept has emerged as more important or contested than the idea of property. Challenges posed by political revolution, outer space exploration, vanishing coastlines, land-use conflicts, and cyberspace control have pushed conventional ideas of property to the breaking point. Property and Sovereignty is the best collection of essays on these questions to be found. It is essential reading for anyone who is concerned about what the idea of property might mean today.’ Laura S. Underkuffler, Cornell University, USA ’The chapters in Property and Sovereignty offer deep and scholarly examinations of this important topic. But they do so much more. They force the reader to expand his or her horizon about the meaning of property and its relationship to the State. The extraordinary breadth of the book takes us from property issues in fragile states to outer space; from state regulation of property to property rules in virtual worlds; and from issues of property and poverty to issues of property in the arts. The book is an excellent and expansive addition to the literature of property’. Michael Diamond, Georgetown University Law Center, USA

James Charles Smith joined the faculty of the University of Georgia School of Law in 1984 and was named the John Byrd Martin Chair of Law during 1997. He specializes in property, real estate transactions and commercial law. He has published extensively on aspects of property law.