This paper is concerned with Michel Serres’s critique of property. Through the concept of ‘le propre,’ which in French can mean both ‘clean’ and ‘one’s own,’ and a naturalist reading of Rousseau, he proposes a ‘stercorian’ eco-criticism of property. Focusing on concepts of limits provides a fruitful angle from which to illuminate Serres’s critique of law and property. The first section will introduce Serres as a thinker of limits, borders, and boundaries. In the second and third parts, attention will be (...) drawn to his eco-criticism of law and property from a feminist and philosophy of science perspective, concluding with a fourth part, in which Serres’s approach will be contextualized in relation to other naturalisms. His work has far-reaching consequences for discourses of human agency in the context of the Anthropocene and makes a crucial contribution to how a new naturalist criticism of property might be conceived. (shrink)

Taking the regime established by the Convention on Biological Diversity as a foundation, the purpose of this article is twofold. First, it examines how the international biodiversity regime integrates the private property paradigm into its toolbox for conservation and sustainability and then critically evaluates the shortcomings of the intellectual property mechanism. Second, it argues that the increasing ubiquity of open access emerging technologies should lead the international community to carefully assess the benefits for conservation research of reverting to a framework (...) that places biodiversity within the global commons. The impasse between global commons advocates and the intellectual property status quo obscures the underlying problematic of the “commodity fiction” of biodiversity and increasing use of digital sequence information likely exacerbates power asymmetries. One remedy explored here is an alternative to these two approaches that dislodges rather than discards the concept of private property. Drawing inspiration from Polanyi and building on May (2010), the article shows how a hybrid approach bridging a public and private conception of genetic resources and traditional knowledge could more effectively and equitably distribute benefits to countries and communities providing resources of value to industry. (shrink)

The “private” dimension of social life is problematic, posing conceptual, political, and ecological challenges. Some of these problems arise from the very nature of private property as it is enshrined in social life, which demands special privileges be granted to “private” matters on the grounds that these are private, because the predominant representation of the involved rights is that they reflect claims of the holders, rather than legitimate claims of society as a whole in allocating responsibilities, benefits, and duties. The (...) claim to the rationality of allocations of property rights, this article argues, must be questioned in light of the kind of commonality that is revealed in a striking manner by environmental issues (although it is not restricted to environmental matters). This questioning makes sense in relation to an analysis of social interactions, beyond the problematic opposition between the private sphere and public life. (shrink)

The recent accumulation of environmental crises poses a radical challenge to the conceptual organization of the modern Western political imaginary and the history of political thought by unsettling its ontological understanding of ‘nature’. Specifically, to the extent that they rely on such troublesome understandings, this means the central notions we use to orient ourselves politically, such as labor, can no longer straightforwardly serve this purpose. This paper has argued a paradoxical return to Locke against Locke, and the insight into the (...) entanglements of labor, property, and nature this enables, can provide us with a way of holding together the complexity of this predicament. The first part recovered from the critical scholarship on Locke of the past 50 years the manifold ways in which Lockean ideas about labor are caught up with specific assumptions about colonialism, gendered hierarchies, and nature. The second part argued no singular conceptual reconstruction of labor can do justice to its hybrid character, which the present predicament has revealed. The third part argued, by recovering what the Lockean heritage has obscured, the critical scholarship gives us a way into the knotty problems of the organization of labor and the structure of the political collective. (shrink)

In a reply to my recent paper “The Cost of Denying Intrinsic Value in Nature,” Rut Vinterkvist raises an important objection to my claim that environmentalists must ascribe intrinsic value to some natural entities to consistently defend the protectionist views I believe many of them have. To defend this claim, I provided three hypothetical cases, involving threatened natural entities, designed to show that only an intrinsic value of these respective entities could explain a reason to protect them. My claim was (...) that, even in these cases, environmentalists would generally find the natural entities in question protection-worthy. Against this claim, Vinterkvist argues that environmentalists can consistently opt for protection of these entities without ascribing any intrinsic value to them, the idea being that we can argue for protection of the entities on the basis that other people care for them (for whatever reasons, if any). We should protect them, not for their own sake, but for the sake of those who care for them. In this response, I explain why I believe her suggestion—challenging to my argument as it is—does not provide a proper option for environmentalists who want to argue for protection in these and similar cases. (shrink)