Sunday, October 30, 2011

Lastowka on Penalver & Katyal's Property Outlaws

Greg Lastowka (Rutgers-Camden) has posted Property Outlaws, Rebel Mythologies, and Social Bandits, Cornell Journal of Law and Public Policy, Vol. 20, p. 377, 2010, reviewing Eduardo Peñalver and Sonia Katyal's book, Property Outlaws: How Squatters, Pirates, and Protesters Improve the Law of Ownership (Yale Univ. Press 2009).

Lastowka notes that he agrees with much of the authors' analysis, and highlights a few areas of disagreement: (1) he suggests that the popular image of outlaws in society is actually not all that bad; (2) there are a great many outlaws who are "bad" and don't offer any socially useful outcomes; (3) whenever redistributionist outlawry is necessary, that is the sign of a failed state, and therefore should not necessarily be celebrated; (4) while property disobedience can be heroic for the information value it communicates, it likewise should not be necessary unless there is a breakdown in functioning democratic society.

[Note that the above synopis is mine and not the author's, since the review essay didn't include an abstract].

Matt Festa

http://lawprofessors.typepad.com/land_use/2011/10/lastowka-on-penalver-katyals-property-outlaws.html

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