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Selected Works

2012

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Public Law and Legal Theory

Nicholas K Blomley

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Full-Text Articles in Law

Performing Property, Making The World, Nicholas K. Blomley Aug 2012

Performing Property, Making The World, Nicholas K. Blomley

Nicholas K Blomley

Scholars under the ‘Progressive Property’ banner distinguish between dominant conceptions of property, and its underlying realities. The former, exemplified by Singer’s ‘ownership model’, is said to misdescribe extant forms of ownership and misrepresent our actual moral commitments in worrisome ways. Put simply, it is argued that our representations of property’s reality are incorrect, and that these incorrect representations lead us to make bad choices. Better understandings of the reality of property should lead to better representations, and thus improved outcomes.

However, the relationship between ‘reality’ and ‘representation’ is not made fully explicit. This essay seeks to supplement progressive property through …