SOL PICCIOTIO, Fragmented States and International Rules of Law
DOI | 10.1177/096466399700600211 |
Published date | 01 June 1997 |
Date | 01 June 1997 |
Subject Matter | Articles |
304
GREGORY S. ALEXANDER, Civic Property
This article explores an old question in what, hopefully, is a new way. The old question
concerns the relationship between property and democracy: are individual property
rights consistent with or do they undermine democracy? The relationship between
property rights and democracy has long been a controversial topic between the politi-
cal Left and Right. Theorists on the Right, like Friedrich Hayek and Milton Friedman,
have considered the existence of strong private property rights absolutely indispens-
able to democracy. On the other end of the political spectrum, critics of capitalism have
often condemned property rights as the basis of economic privilege which itself is unde-
mocratic. My aim is to avoid both of these extreme positions. Both of these responses
make the same mistake of supposing that there is a necessary, even a priori, relation-
ship between property and democracy, either mutually compatible or mutually antag-
onistic, depending on which side of the political fence the speaker occupies. Rather than
abstractly asking what relationship democracy has with the very concept of private
property tout court, I suggest that a more fruitful path would be to revise the question,
to ask instead whether any particular sorts of property institutions might contribute to
revitalizing civic life and what the characteristics of those institutions would be.
DAVINA COOPER, Fiduciary Government: Decentring Property and Taxpayers’ Inter-
ests
This article explores fiduciary duty in the context of local government. It focuses on
the way the duty currently functions - owed to local taxpayers - and the discursive
possibilities of alternative formulations for progressive, critical local government prac-
tice. The article argues fiduciary duty to the taxpayer has been deployed to promote
neo-conservative and neo-liberal norms. This is not simply a consequence of appli-
cation but goes to the very heart of the way taxpayers’...
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