Unpublished Papers

Property as Capture and Care

Keith H. Hirokawa, Albany Law School

Abstract

Capture (as a doctrine and a conceptual scheme) has long provided law with a basis for allocating rights between competing claims to property. Capture, however, has always offered only a partial picture of property. This article considers opportunities to view property law from the perspectives of care, collaboration, and community, principles offered by ecofeminists to describe the relationships that humans can (and do) have with land. This article argues that property is ultimately a negotiation between capture and care, and that by recognizing care as a property principle, property appears to provide a more comprehensive and consistent understanding of how rights can occur within a system that allocates common goods to private control.

Suggested Citation

Keith H. Hirokawa. 2010. "Property as Capture and Care" ExpressO
Available at: http://works.bepress.com/keith_hirokawa/4

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