This chapter shows how thin the legal-economic analysis of property law has been and responds to a few particular arguments in that field, including arguments about the general structure of property law, adverse possession, and dead-hand control.

This chapter re-examines Boccaccio’s naturalism and its putative connection to his feminism, disputing the claim that naturalism in the Decameron is inspired by Boccaccio’s advocacy for natural rights. Critics often celebrate the strong female protagonists of Bartolomea (2.10) and Madonna Filippa (6.7), who defend themselves against accusations of adultery, as evidence that Boccaccio was an early proponent for natural rights, especially the subjective rights of women. However, when Boccaccio gives his adulteresses a chance to finally speak, it is not to insist upon their subjective rights but to take a more unsettling stance: they rest their defenses on their status as socially valuable things. In both of these tales, the women situate their infidelity within a moral economy that views property relations from the ground up, vindicating the needs of things over the rights of individual owners. Having experienced the agricultural crisis wrought by the Plague, Boccaccio’s storytellers would have been especially receptive to such arguments for “adulterous” forms of possessing.

This chapter uses the literature on political order to take a rather radical approach to local ceasefires in Syria. By conventional definitions of a ceasefire, local ceasefires would be considered highly successful in that they completely stopped violence. However, this narrow view overlooks the broader picture in that it was the Syrian regime that created the violent conditions that preceded these local ceasefire deals in the first place. The only way out for these communities was through agreeing to the ceasefire’s terms. The specific terms of the agreements were then used to reassert the states sovereignty over citizenship and property rights. Consequently, hiding behind their supposedly successful mask, these local ceasefire deals in Syria spurned some of the more overt violence of the war and have been structurally violent in terms of their ability to re-allocate rights to property and citizenship.

This chapter seeks to consider the legal background and precedents for the developments of the Middle Republic, with a specific focus on the Twelve Tables. By thinking through what the Twelve Tables imply about the conditions of later sixth- and fifth-century Rome we can arrive at a clearer understanding of the fourth century, and a picture of considerable and long-term intellectual sophistication in Central Italy.

This essay reads the Roman de la Rose as taking up Ovid’s playful association of sex with the origins of human society. Jean de Meun’s Rose returns repeatedly to the narration of political origins – the fall from a Golden Age – imagining an idyllic communal past before it was shattered by conflict over wealth and women. These stories frame erotic desire as inevitably linked to the law and to possession, associating eros with desire for private property. I argue that Aristotle’s Politics functions as an unacknowledged literal referent that troubles the poem’s allegorical treatment of justice and social origins. Whereas Golden Age fables typically speak in unmarked terms about human comity and common possessions, Aristotle and medieval Aristotelian commentaries speak in terms of gendered power dynamics, masculine ownership and the fate of women as property. The Rose reveals the literal truths of scholastic philosophy to be in conflict with mythic truth, while anatomising the necessarily gendered dynamics of human sociality. In a political sphere in which women are considered in the same category as property, the heterosexual desire for possession will always be political. The Rose also leads us to consider whether the political, in turn, is always erotic.

The North Atlantic is best considered as an increasingly integrated economic and social region during the late nineteenth century, and this approach helps to clarify Ireland’s geopolitical place during the ideologically tumultuous 1880s. Using this framework, this chapter explores the place of Henry George and of the Irish Land War in this fractious period, detailing how technological and political developments reshaped long-standing assumptions. It explains how the Land War became an international event, with significance extending far beyond Ireland itself. The chapter also recounts George’s intellectual biography, setting the scene for the development of his most famous work, Progress and Poverty. The reaction to this book is assessed, particularly the most common arguments made by critics, and the ways in which these critiques developed commonalities across the political spectrum.

The goal of the final chapter is to examine the central role of necessities in the epistemological, moral and political theory of An Essay of Human Understanding and of the Two Treatises of Government. A study of the former shows Locke’s preoccupation with classical moral questions such as happiness and the ‘good objects of desires’ and how necessities helped him to strike a balance between tradition and the new science. As a rule of thumb of proper conduct, knowledge of necessities leads to the preservation of life, a human being’s most important duty to God. His doctrine of necessities is what made it possible for Locke to develop the theory of the public good with which, it is argued, he attempted to defeat the egoist theory of self-interest. Examination of his conception of property and money through the lens of human necessities shows a certain ambiguity in Locke’s normative ideals. Nevertheless, my conclusion is that above other considerations underlying the capital-oriented ideals of the period, the last word of Locke’s political theory is the public good represented by preservation and convenience for the commonwealth and, when possible, for the whole of humanity.

This chapter discusses the right to property as it is protected by the European Convention on Human Rights, other Council of Europe instruments, in EU law and in international instruments. It pays attention to matters such as the definition of property, deprivation of property, expropriation and compensation. In the final section, a short comparison between the different instruments is made.

This chapter covers personal property, which is a broad category and a developing one. It is the most important type of property today in the commercial world, partly because of its breadth. The chapter starts by placing personal property in the wider area of property, distinguishing it from land or interests in land. Whether something is land or personal property can have important consequences for its ownership, or security interests over it. We will also examine the test applied to decide whether something that was goods has become a ‘fixture’, and thus part of the land. Second, we will look at the usual classifications within personal property, which have legal consequences. Possession, and its acquisition or loss, plays a crucial role when considering ownership of personal property. Lastly, what can be done when a holder’s rights in personal property are interfered with? We will look at the main remedies available to enforce those rights.

This chapter explores the legal framework governing security interests over personal property, which is a major aspect of business finance. The focus will be on the Personal Property Securities Act 2009 (Cth) (PPSA). The chapter will explain how its concepts and registration system (PPSR) apply to priority disputes between security interests in personal property. It will also examine the impact of the PPSA on insolvency.

This chapter introduces the concept of foreign direct investment, tracing its history and economic justifications. The chapter goes on to explain the sources of international investment law, the most significant of which are treaties.

Solomon Islands has often been seen as exemplifying wider concerns regarding customary land tenure, economic development and political instability in the southwest Pacific. Locals express concern regarding inequality in land control at multiple scales, while aid donors urge people to register land as a means to increase legal certainty, build peace and render land more ’marketable’. This chapter situates debates about land in Solomon Islands within wider global debates regarding customary tenure, gender inequality and state regulation. It highlights a long-standing divide in feminist debates, between those who perceive land tenure in terms of a hierarchically ordered and gendered ‘bundle of rights’, and those who perceive land as subject to fluid, negotiable claims. Drawing insights from legal geography, political ecology and feminist scholarship on legal pluralism, it suggests that a focus on the ways in which ‘access’ to resources is transformed into state-sanctioned ‘property’ recognises that property is negotiable while also highlighting factors that contribute to inequality. This approach also directs attention to the role of scholars in the formation of property.