Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
From Baby-Selling To Boilerplate: Reflections On The Limits Of The Infrastructures Of The Market, Margaret Jane Radin
From Baby-Selling To Boilerplate: Reflections On The Limits Of The Infrastructures Of The Market, Margaret Jane Radin
Osgoode Hall Law Journal
Market-inalienability has a central place in developed societies that embrace private law institutions and a traditional understanding of the role of the polity in underwriting, managing, and preserving those institutions. Market-inalienability is a form of non-commodification. Taking up the issue of what things or relationships can be treated as commodities, I first critique a mode of inquiry—a traditional view of law and economics—that finds no problem with commodification of anything whatsoever. Counter to this mode of reasoning, I review two points of view that consider some kinds of commodification wrongful. Finding neither of these anti-commodification theories satisfactory, I review in …