In this masterful survey, Stuart Banner documents the evolution of property rights. Brimming with fresh vignettes and insights, American Property will enlighten and delight both general readers and specialists in these issues. -- Robert Ellickson, Yale Law School American Property deftly explores the many ways that we rely on property to achieve human ends, tailoring the law to suit new places and changing technology. -- Sarah Barringer Gordon, author of The Spirit of the Law Stuart Banner's elegantly written tour of American property law leads its reader to a startling conclusion. There is no such thing as a unified singular law of property. There are only laws of property that have shaped where we live, the news we read, the inventions we use, the celebrities we watch, and the music we listen to. Our ideas of property won't ever look quite the same. -- John Fabian Witt, author of Patriots and Cosmopolitans: Hidden Histories of American Law We have never had a comprehensive synthesis of the history of property and property law in the United States. Now Stuart Banner fills this major gap with an original and insightful work. -- Gregory S. Alexander, Cornell University
Stuart Banner is Norman Abrams Professor of Law at the University of California, Los Angeles.
In this masterful survey, Stuart Banner documents the evolution of
property rights. Brimming with fresh vignettes and insights,
American Property will enlighten and delight both general readers
and specialists in these issues.
*Robert Ellickson, Yale Law School*
American Property deftly explores the many ways that we rely on
property to achieve human ends, tailoring the law to suit new
places and changing technology.
*Sarah Barringer Gordon, author of The Spirit of the
Law*
Stuart Banner's elegantly written tour of American property law
leads its reader to a startling conclusion. There is no such thing
as a unified singular law of property. There are only laws of
property that have shaped where we live, the news we read, the
inventions we use, the celebrities we watch, and the music we
listen to. Our ideas of property won't ever look quite the
same.
*John Fabian Witt, author of Patriots and Cosmopolitans: Hidden
Histories of American Law*
We have never had a comprehensive synthesis of the history of
property and property law in the United States. Now Stuart Banner
fills this major gap with an original and insightful work.
*Gregory S. Alexander, Cornell University*
In this tightly written book, Banner tackles an admittedly
expansive topic, illustrating that our ideas about what property
is, how it is regulated, and what it is meant to do are in constant
flux and have been historically contested. Partly an examination of
law, partly of culture, politics, economics, and even religion,
Banner successfully shows how our notions of property and so-called
"natural property" in essence sketch the shifting borders of what
Americans deem appropriate government regulation. "Our conceptions
of property have always been molded to serve our particular
purposes," Banner writes, using examples ranging from zoning laws
(which were often used to enforce racial and economic boundaries);
eminent domain and personal property disputes; as well as new,
thorny notions of intellectual property in the digital age (digital
copying makes some property rights harder to enforce, he notes, but
creates new opportunities as well). Banner even addresses
biological breakthroughs (can a company own a genetically
engineered hybrid or a cell line?).
*Publishers Weekly*
What sounds like it might be a staid look at a dry subject turns
out, in fact, to be an exciting and captivating journey along a
fascinating side road in American history: property and its
ownership...[Banner] explores the occasionally labyrinthine legal
and political processes that, as America was defining itself as a
country, began to define one of its residents' most basic (yet
complex) rights.
*Booklist*
Banner provides an expansive survey on the evolution of property
rights and protections in the U.S. Using the background of
technological advances and shifting social perspectives, the author
highlights the mutable nature of American property.
*Choice*
Ostensibly a history of the ways judges and other legal actors have
argued about what constitutes "property," [American Property]
offers a generally persuasive and always accessible reconstruction
of how particular claimed resources--waterpower at one moment,
copyright at another, clean air, the airwaves, access to beaches,
the capacity of suburbanites to sustain a homogeneous racial
community at others--have become and remain contested in the law.
Unlike most historians of property, who usually pick a single
critical standpoint or truth about who owns what in America
(natural right, inequality, exploitation, beggaring the
environment), or who track particular phrases or positions as they
have been mobilized throughout American history, Banner builds a
portrait of property in the United States by exploring transitory
conflicts and settlements...American Property is not just a
revelation of the secret knowledge of American property law but a
chronicle of how that knowledge was amassed, told through a
sequence of exemplary tales and moments.
*The Nation*
Ask a Question About this Product More... |