Share, Own, Access

Abstract

Ownership, the cornerstone of property law, is losing its prominence. Prompted by the sharing economy, digital asset-sharing and political consumerism, individuals now use, enjoy and engage with property in different ways. They share, own, and access. Access allows consumers to engage in short-term, casual use of assets on an as-needed basis. Share is a cooperative form of consumption based on participation and collaboration in the enjoyment of property (e.g., community lending libraries). This article argues that new consumption trends present an opportunity to re-imagine property. The new consumption era is a unique formative moment in public, political and legal discourse. It reinvigorate the interest in the use capacity of things. Access and share are normatively valuable alternatives to ownership that focus on use instead of control. They are forms of property relations that stand outside of property, challenge it and validate it. In particular, access reflects a choice not to have property (own or lease) but rather have a casual, short term, unattached relation to property. The law, however, makes it difficult to choose access and share and continues to privilege ownership and long-term possession. Accordingly, the article calls for reconsidering insurance, tax, tort and antidiscrimination laws. Once the article's theoretical and normative argument is accepted, regulators will need to evaluate other market and community effects.