Radical Transactionalism: Legal Consciousness, Diverse Economies, and the Sharing Economy

Bronwen M Morgan, Declan Kuch

Research output: Contribution to journalArticle (Academic Journal)peer-review

32 Citations (Scopus)
538 Downloads (Pure)

Abstract

This article proposes an original theoretical approach to the analysis of community-level action for sustainability, focusing on its troubled relationship to the sharing economy. Through a conversation between scholarship on legal consciousness and diverse economies, it shows how struggles over transactional legality are a neglected site of activism for sustainability. Recognizing the diversity of economic life and forms of law illuminates what we call ‘radical transactionalism': the creative redeployment of legal techniques and practices relating to risk management, organizational form, and the allocation of contractual and property rights in order to further the purpose of internalizing social and ecological values into the heart of economic exchange. By viewing sharing-economy initiatives ‘beyond Airbnb and Uber’ as sites of radical transactionalism, legal building blocks of property and capital can be reimagined and reconfigured, helping to construct a shared infrastructure for the exercise of collective agency in response to disadvantage sustained by law.
Original languageEnglish
Pages (from-to)556-587
Number of pages31
JournalJournal of Law and Society
Volume42
Issue number4
Early online date8 Nov 2015
DOIs
Publication statusPublished - Dec 2015

Structured keywords

  • Cabot Institute
  • law

Keywords

  • social enterprise
  • sharing economy
  • legal consciousness

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