Friday, April 26, 2013
The Association of Law, Property, and Society has presented its annual award to Carol Rose. She is being recognized for both her scholarship and her mentorship -- two areas where she has unquestionably excelled. Like many property and land use scholars, my own work and teaching has been influenced by her writings.
At her lunchtime talk today, she explored the dignatory aspects of property. A few interesting thoughts:
- Homeownership is all about taking risks and maybe we should be rethinking the value of home ownership. (See her new book: Saving the Neighborhood).
- Ideas of dignity are connected to preserving a location of undisturbed freedom where others cannot intrude
- Land titling programs are redstribution of wealth policies, but some of the goals of the land titling policies may not materialize becuase squatters' rights and connections to their homes are different than other type of homeownership (even if you give them title). Rose suggests there may be better programs for redistribution if that is the real goal.
- Property rights are growing but facing pushback. Many examples in the IP realm with patenting life (animals, genes, etc.) and copyright of creative work. But some folks argue that these strong IP rights actually stifles creativity and hampers research.
- Crowdsourcing efforts show examples of useful activities that are not driven by property interests. More akin to gifts than any other property form
- Property can get in the way of good things.