ISBN:
0-8147-2228-8
,
0-8147-2229-6
Language:
English
Pages:
XV, 450 S.
Series Statement:
Critical America
Keywords:
Recht Kultur
;
Konsum
;
Sozialer Aspekt
;
Ethik
;
Eigentum
;
Geld
;
Wert, wirtschaftlicher
;
Wert, ideeller
;
Wertvorstellung
;
Theorie
;
Kulturtheorie
;
Anthologie
Abstract:
What is the price of a limb? A child? Ethnicity? Love? In a world that is often ruled by buyers and sellers, those things that are often considered priceless become objects to be marketed and from which to earn a profit. Ranging from black market babies to exploitative sex trade operations to the marketing of race and culture, Rethinking Commodification presents an interdisciplinary collection of writings, including legal theory, case law, and original essays to reexamine the traditional legal question: "To commodify or not to commodify?" In this pathbreaking course reader, Martha M. Ertman and Joan C. Williams present the legal cases and theories that laid the groundwork for traditional critiques of commodification, which tend to view the process as dehumanizing because it reduces all human interactions to economic transactions. This "canonical" section is followed by a selection of original essays that present alternative views of commodification based on the concept that commodification can have diverse meanings in a variety of social contexts. When viewed in this way, the commodification debate moves beyond whether or not commodification is good or bad, and is assessed instead on the quality of the social relationships and wider context that is involved in the transaction. Rethinking Commodification contains an excellent array of contemporary issues, including intellectual property, reparations for slavery, organ transplants, and sex work; and an equally stellar array of contributors, including Richard Posner, Margaret Jane Radin, Regina Austin, and many others. Review: "A superb collection of classic and contemporary readings on commodification theory, including the latest, most advanced theorizing on this subject. It is a must-read." --Elizabeth Anderson, Philosophy, University of Michigan "As someone who helped to draw attention to the subject of commodification more than two decades ago, I believe that commodification is, if anything, more important today than it has ever been. We must ask ourselves: Are there some things that money can't buy? Who is advantaged and who disadvantaged by desperate market exchanges? This indispensable collection of old and new thoughts on commodification will help us as we struggle towards answering these questions." --Margaret Jane Radin, Stanford Law School "Rethinking Commodification includes several classic texts of commodification theory that familiarize readers with the traditional debate. The work then offers new insights into the issue, with two dozen articles, appellate court opinions, and essays. Taken together, this book comprises an intellecutal mosaic that moves the discussion beyond the early, on-off question of whether or not to commodify." --Metapsychology Online"A magnificent collection. The subject is profound and complex, the text gripping, lively, and thoroughly enjoyable to read." --Sylvia A. Law, NYU Law School" "Commodification is on net a great source for good in the world. But the seminal essays in Rethinking Commodification show that the serious questions about alienability are much more than concerns about hypothetical contracts for babies or self-indenture." --Ian Ayres, author of Insincere Promises
Description / Table of Contents:
Preface: freedom, equality, and the many futures of commodification / Martha M. Ertman and Joan C. Williams -- Introduction: the subject and object of commodification / Margaret Jane Radin and Madhavi Sunder -- Part I: Classic texts of commodification theory. Definitions: commodity and commodification. Commodities and the politics of value / Arjun Appadurai -- Contested commodities: babies/parental rights and obligations. The economics of the baby shortage / Elisabeth M. Landes and Richard A. Posner -- In the matter of Baby M: 537 A.2d 1227 (N.J. 1988) -- In search of pharaoh's daughter / Patricia J. Williams -- Johnson v. Calvert: 851 P.2d 776 (Cal. 1993) -- Defaulting to freedom or to equality: treating some things as inalienable. Property rules, liability rules, and inalienability: one view of the cathedral / Guido Calabresi and A. Douglas Melamed -- Contested commodities / Margaret Jane Radin -- Moore v. The Regents of the University of California: 793 P.2d 479 (Cal. 1990) -- Distinguishing between exchanges and gifts. The gift relationship: from human blood to social policy / Richard M. Titmuss -- Giving, trading, thieving, and trusting: how and why gifts become exchanges, and (more importantly) vice versa / Carol M. Rose -- Commodification and community. What money can't buy: the moral limits of markets / Michael J. Sandel -- Community and conscription / Richard A. Posner -- Part II: New voices on commodification theory. Commodifying intellectual and cultural property. Culture, commodification, and Native American cultural patrimony / Sarah Harding -- U.S. v. Corrow: 119 F.3d 796 (10th Cir. 1997) -- Property in personhood / Madhavi Sunder -- Commodifying identities. Kwanzaa and the commodification of black culture / Regina Austin -- Eating the other: desire and resistance / bell hooks -- Cities and queer space: staking a claim to global cosmopolitanism / Dereka Rushbrook -- Selling out: the gay and lesbian movement goes to market / Alexandra Chasin -- Commodifying intimacies. Commodifying sex. "Sex in the [foreign] city:" commodification and the female sex tourist / Tanya Kateri´ Herna´ndez -- Taking money for bodily services / Martha C. Nussbaum -- The currency of sex: prostituion, law and commodification / Ann Lucas -- Commodifying care. For love nor money: the commodification of care / Deborah Stone -- Unbending gender: why family and work conflict and what to do about it / Joan C. Williams -- Minnesota v. Bachman: 521 N.W.2d 886 (Minn. Ct. App. 1994) -- Commodification and women's household labor / Katharine Silbaugh -- Commodifying family relations. What's wrong with a parentood market? A new and improved theory of commodification / Martha M. Ertman -- Home economics: what is the difference between a family and a corporation? / Teemu Ruskola -- Hard bargains: the politics of sex / Linda R. Hirshman and Jane E. Larson -- Commodifying bodies and body parts. A framework for reparations claims / Keith N. Hylton -- National Organ Transplant Act (NOTA): 42 U.S.C.A 274e (1993) -- Increasing the supply of transplant organs: the virtues of an options market / Lloyd R. Cohen -- Future markets in everything / Noam Schieber -- Retheorizing commodification. To commodify or not to commodify: that is not the question / Joan C. Williams and Viviana A. Zelizer -- The multivalent commodity: on the supplementarity of value and values / Miranda Joseph -- Afterword: whither commodification? / Carol M. Rose.
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