Collective Ownership and Representation in a Sustainable City Investigating the Potential of the Community Land Trust and the Zoöp Model
| Authors | |
|---|---|
| Publication date | 2022 |
| Journal | Erasmus law review |
| Volume | Issue number | 15 | 3 |
| Pages (from-to) | 212-228 |
| Number of pages | 17 |
| Organisations |
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| Abstract |
The question is no longer whether we should move to an environmentally
sustainable way of living; rather, the question is – how are we supposed
to do that? Katharina Pistor’s seminal book The Code of Capital
pointed out that our current form of capitalism is enabled by private
law, which selectively ‘codes’ certain assets, endowing them with the
capacity to protect and produce private wealth. Law can be changed by
the legislature, but legal concepts can equally be imbued with new
meanings due to changing ways of seeing in society. Indeed, our
investigation into two legal innovations – the Community Land Trust
(CLT) and the Zoöp model – demonstrates how little change of the legal
hardware of society is required for meaningful legal change in service
of sustainability in the city and beyond. Whereas the CLT rethinks the
stewardship function of property rights, the Zoöp model transforms
corporate governance structures to consider nonhumans’ interests – and
both do so without waiting for relevant legal changes to be enacted by
legislatures. To evaluate the potential and the limitations of these two
legal innovations, we assess the extent to which these innovations
align with four ‘glocal’ lenses of the Doughnut model developed by the
British economist Kate Raworth: to what extent to these legal
innovations support the thriving of humans and environment both locally
and globally?
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| Document type | Article |
| Language | English |
| Related publication | Legal innovation to empower the disempowered in service of a sustainable city |
| Published at | https://doi.org/10.5553/ELR.000230 |
| Downloads |
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