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Law's Regulatory Relevance?

Property, Power and Market Economies Mark Findlay, Professor of Law, Law School, Singapore Management University
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.
Extent: 320 pp
Hardback Price: $140.00 Web: $126.00
Publication Date: 2017
ISBN: 978 1 78536 452 5
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  • Law - Academic
  • Legal Theory
  • Regulation and Governance
  • Politics and Public Policy
  • Regulation and Governance
Focusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law.

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.

This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law’s failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law’s regulatory relevance is at a cross-roads.
‘Worldwide, legal regulation of “property” in all its many manifestations is the foundational support for the economy. To a greater or lesser extent, it is under both literal and theoretical attack everywhere too. Its role in the digital world is viewed as increasingly irrelevant by younger generations; national systems of regulation struggle Canute-like to control global ebbs and flows of information. This book challenges its reader to think, to imagine a world without the security of hitherto accepted notions of property. The author admits that he is tackling “heavy analytical questions”. Whether you agree or disagree with his arguments and answers, it is essential to start thinking about them now. Or, as Paul Mason might put it: “The property paradigm is metastasizing. Societies and communities are under threat from an unstable cocktail of over- and under-regulation.” Findlay tackles head-on the hard questions about where we go from here.’
– David LLewelyn, Kings College London, UK

‘In this stimulating book Mark Findlay provocatively explores the relevance of the regulatory role of law in a rapidly changing world. It situates law in its broader context of relationships defined by power, property and market economies. In so doing, it identifies the new challenges of late post modern society, but also challenges existing assumptions, about these themes and their interconnections, whilst introducing new perspectives to those who may not even have considered some of the transformational issues discussed.’
– David S. Wall, University of Leeds, UK
Contents: Preface 1. Law and the New Normal: Reimagining Property 2. Criminalising Property 3. Liberating Property 4. Property Bonded 5. Property Resisted 6. Re-embedding Original Property through Repositioned Law 7. Property as the Social Bibliography Index