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6 - Fragmentation of Intimate Property

Published online by Cambridge University Press:  25 October 2019

Shelly Kreiczer-Levy
Affiliation:
College of Law and Business, Ramat Gan, Israel
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Summary

This chapter assumes the owner’s perspective regarding the decision to rent out intimate, privately used possessions, which the chapter names “intimate property”. It first critically analyzes the special legal treatment of intimate property as securing attachment and stability. The home is a central example. The chapter then goes on to describe modern challenges to this legal vision, including the tension between the home and the workplace and the rise of domestic work and home businesses. The access economy further complicates this vision. Airbnb, an online tourist marketplace that allows owners to share their homes for a fee, commercializes and destabilizes the meaning of co-living relationships in the home. The home becomes a site for fleeting, temporal interactions with tourists. Stable, intimate relations become intertwined with the commercial and the casual. The access economy thus creates a new conception of intimate property, functioning as a hybrid. It supports emerging personal markets, where intimacy shapes market practices and market practices shape the parties’ understandings of intimacy. This chapter explains the complexity of this fragmented vision, fleshes out the tension between stability and openness, and discusses the possible legal implications for legal regulation and antidiscrimination laws.

Type
Chapter
Information
Destabilized Property
Property Law in the Sharing Economy
, pp. 109 - 133
Publisher: Cambridge University Press
Print publication year: 2019

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