Margaret Jane Radin - Böcker

Though the law of property affects many Americans' everyday lives and most basic rights, America's legal culture continues to struggle over how to explain or justify the institution of property. This collection of essays aims to revitalize the liberal personality theory of property. Margaret Jane Radin argues that the law should take into account non-monetary personal value attached to property and that some things, such as bodily integrity, are so personal they should not be considered property at all. Prefaced by a new introduction outlining the development of Radin's thought and addressing the various critiques that her position has elicited, this collection gathers pieces ranging from Radin's early essay on property and personhood to her more recent works on takings. The essays serve as a counterpoint to more conservative - and widespread - economic theories of property.

Though the law of property affects our everyday lives and most basic rights, our legal culture continues to struggle over how to explain or justify the institution of property. This collection of essays assesses the liberal personality theory of property. The author argues that the law should take into account non-monetary personal value attached to property - and that some things, such as bodily integrity, are so personal they should not be considered property at all. Prefaced by an introduction outlining the development of Radin's thought, placing it in a broader intellectual context, and addressing the various critiques that her position has elicited, this collection gathers pieces ranging from Radin's early essay on property and personhood to her recent works on takings.

Not only are there willing buyers for body parts or babies, Radin observes, but some desperately poor people would be willing sellers, while better-off people find such trades abhorrent. Radin observes that many such areas of contested commodification reflect a persistent dilemma in liberal society: we value freedom of choice and simultaneously believe that choices ought to be restricted to protect the integrity of what it means to be a person. She views this tension as primarily the result of underlying social and economic inequality, which need not reflect an irreconcilable conflict in the premises of liberal democracy.As a philosophical pragmatist, the author therefore argues for a conception of incomplete commodification, in which some contested things can be bought and sold, but only under carefully regulated circumstances. Such a regulatory regime both symbolizes the importance of nonmarket value to personhood and aspires to ameliorate the underlying conditions of inequality.

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses.To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses.To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.