Show Less
You do not have access to this content

Law's Regulatory Relevance?

Property, Power and Market Economies

Mark Findlay

Law’s Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property, valuing law needs to ground its inherent regulatory relevance in the ordering of social change.
Show Summary Details
You do not have access to this content

Chapter 4: Property bonded

Property, Power and Market Economies

Mark Findlay


One can also communicate in order to mark dissent, one can desire to argue; and there can be no compelling reason to hold the search for consensus to be more rational than the search for dissent. That depends entirely on themes and partners. Communication is obviously impossible without any consensus, but is also impossible without dissent.259

The war on terror positions global society in a state of immediate crisis that can only be met through violent control responses. This show of might where violence is pitted against violence, questions any state’s monopoly over violence, or more particularly, state power and authority legitimated through violence. Yet, the pervasive militarist metaphors commonly deployed by the hegemon in this discourse obfuscate the motivations for dissent and resistance. This chapter attempts the opposite. Instead of centering our analysis of dissent on the risk/security paradigm, we turn our attention to the issue of legitimacy founded upon social bonds, and challenged through the denial of peaceful communication pathways. Consistent with the theoretical foundations of this book, we argue that for the state to retain its legitimacy in the face of dissent and resistance, it has to enable the re-embedding of social bonds though the process of responsible communication.

This case study bridges the preceding chapter’s consideration of radical contestation over exclusionist property access, with the following discussion (in Chapter 5) of localised challenges to market disembedding discourse and externally induced market corruption. We intend here to employ communitarian...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.