Rethinking Commodification Cases and Readings in Law and Culture

ISBN-10: 0814722296
ISBN-13: 9780814722299
Edition: 2005
List price: $30.00 Buy it from $12.95
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Description: View the Table of Contents. Read the Introduction. "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,  More...

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Book details

List price: $30.00
Copyright year: 2005
Publisher: New York University Press
Publication date: 8/1/2005
Binding: Paperback
Pages: 466
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 0.638
Language: English

View the Table of Contents. Read the Introduction. "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" Whatis 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.

Joan C. Williams is Distinguished Professor and Director of the Center for WorkLife Law at the University of California, Hastings College of Law. Her books include Unbending Gender: Why Work and Family Conflict and What to Do About It and Reshaping the Work-Family Debate: Why Men and Class Matter .

Preface : freedom, equality, and the many futures of commodification
Introduction : the subject and object of commodification
Classic texts of commodification theory
Definitions : commodity and commodification
Commodities and the politics of value
Contested commodities : babies/parental rights and obligations
The economics of the baby shortage
In the matter of baby M
In search of Pharaoh's daughter
Johnson v. Calvert
Defaulting to freedom or to equality : treating some things as inalienable
Property rules, liability rules, and inalienability : one view of the cathedral
Contested commodities
Moore v. the regents of the University of California
Distinguishing between exchanges and gifts
The gift relationship : from human blood to social policy
Giving, trading, thieving, and trusting : how and why gifts become exchanges, and (more importantly) vice versa
Commodification and community
What money can't buy : the moral limits of markets
Community and conscription
New voices on commodification theory
Commodifying intellectual and cultural property
Culture, commodification, and native American cultural patrimony
U.S. v. Corrow
Property in personhood
Commodifying identities
Kwanzaa and the commodification of black culture
Eating the other : desire and resistance
Cities and queer space : staking a claim to global cosmopolitanism
Selling out : the gay and lesbian movement goes to market
Commodifying intimacies
Commodifying sex
"Sex in the [foreign] city" : commodification and the female sex tourist
Taking money for bodily services
The currency of sex : prostitution, law, and commodification
Commodifying care
Fore love nor money : the commodification of care
Unbending gender : why family and work conflict and what to do about it
Minnesota v. Bachmann
Commodification and women's household labor
Commodifying family relations
What's wrong with a parenthood market? : a new and improved theory of commodification
Home economics : what is the difference between a family and a corporation?
Hard bargains : the politics of sex
Commodifying bodies and body parts
A framework for reparations claims
National Organ Transplant Act (NOTA)
Increasing the supply of transplant organs : the virtues of an options market
Future markets in everything
Retheorizing commodification
To commodify or not to commodity : that is not the question
The multivalent commodity : on the supplementarity of value and values

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