Publication Date
1999
Journal
Cornell Law Review
Abstract
The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.
Volume
84
Issue
2
First Page
394
Last Page
503
Publisher
Cornell Law School
Disciplines
Intellectual Property Law | Jurisprudence | Law | Law and Gender
Recommended Citation
Jeanne L. Schroeder,
Three's a Crowd: A Feminist Critique of Calabresi and Melamed's One View of the Cathedral,
84
Cornell L. Rev.
394
(1999).
https://larc.cardozo.yu.edu/faculty-articles/1535
