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The Idea of Property: Its Meaning and Power$
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Laura Underkuffler

Print publication date: 2003

Print ISBN-13: 9780199254187

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199254187.001.0001

Moving into More Uncharted and Controversial Waters: The Body as Property, Personal Information as Property, Cultural Property, and State Redistributive Claims

Chapter:
(p. 103 ) 8 Moving into More Uncharted and Controversial Waters: The Body as Property, Personal Information as Property, Cultural Property, and State Redistributive Claims
Source:
The Idea of Property: Its Meaning and Power
Author(s):

Laura S. Underkuffler

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199254187.003.0009

This chapter considers how property rights claims should be treated in cases in which the law is emerging or unsettled. If we (as a society) determine that the ‘body’ is property, that ‘personal information’ is property, or that ‘cultural claims’ are property, what power should such claims have? Does the model of rights/public interests relations provide any guidance in these cases?

Keywords:   property rights claims, property law, body, personal information, cultural claims

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