The Transformation of Property Protection: A Legal History and Theory Study

The overall aim of the project is to take a holistic approach to how property rights and property protection have changed in Swedish law since the mid-1980s. The effects of the transnationalization of law and the development of information technology will be highlighted in particular. A first step in the project is to map these changes. The lines of development identified by the survey will then be analyzed on the basis of a number of influential theories of how property rights arise and why they should be protected. These theories are essentially normative but in the context of this project the theories will be used diagnostically to explore the legal developments. The central research questions of the project are: How have property rights and property protection changed in Sweden since the mid-1980s? How does this legal development relate to influential theories of how property rights arise and why they should be protected? The project will be structured around three concrete and topical questions: 1) the extent to which property rights include the future return of property, 2) the impact of the impending climate crisis on rights to land and natural resources, and 3) the regulation of data as an asset class. Each of these issues will be highlighted historically, discussed in relation to the development of technology and transnational law, and provide an entry point for the legal philosophical analysis of property rights and their protection.