In this article written for the Iowa Law Review, David Fagundes introduces the approaches to the popular trend of minimalism, such as inclusion, dispossession, your well-being, and the ultimate ideal of how “less is more”. Despite trends that surround ownership such as possession and exclusion, the trends of inclusion and dispossession have not gotten nearly as much attention. The idea of owning property gives us possessions making us want to exclude others from it according to Fagundes. But does that help our overall well-being? Fagundes brings up how communal housing is a great way to embrace others, and different cultural backgrounds while also using the approaches of inclusion and dispossession to support the idea that less is more.
This article explores the challenging question of how to include the upsides of inclusion and dispossession into a body of law that has long been focused on exclusion and possession. It may seem that the answer is to de-emphasize the rights of owners, but evidence shows that taking away all the rights of owners, would fail to increase their overall subjective well-being. This article considers three specific topics in property, relevant to inclusion or dispossession
- In the sharing economy,
- Tax deductions for charitable donations, and
- Property minimalism (p. 224).
While also examining different kinds of “choice architecture” that promise to optimize their hedonic upsides. This analysis shows how property law can focus on inclusion and dispossession rather than exclusion and possession, in a way that allows the increase in social well-being while still being respectful to the freedom of ownership. The author challenges the two notions of exclusion and possession, that lie at the center of the property while also giving an approach to include preserving the idea of private ownership rather than demolishing it.
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This article navigates the approaches of inclusion and dispossession in four steps:
- Part I: Provides a brief overview of hedonistic theory and explains why this evidence provides the best basis for making judgments about optimal policy choices.
- Part II: Outlines the surprising results of numerous studies about property, which show that inclusion and dispossession represent the best strategies for owners to maximize their subjective well-being.
- Part III: Leads to the inclusion approach to property, the sharing economy and then shows how it increases well-being and what law can do to help promote this idea.
- Part IV: Seeking laws to encourage voluntary dispossession of property, the charitable donation tax deduction and helps us to know how to use these approaches in the future.
