The Legal Analysis Of Banksy As A Property Outlaw

1217 Words 5 Pages
Policy argument whether Banksy is a property outlaw who, in fact, improves property and should be awarded preservation and means by which it can be achieved. Banksy took the art world by a storm and penetrated the traditional art market, the commercial industry, and the perception of the general public. His work is admired by the art collectors, the art dealers, the celebrities, the art scholars, and the general public overall. Every Banksy piece found immediately takes the spotlight and is wanted across the world. Banksy, despite his fame, is not looking to replenish his wallet with millions of dollars. On the contrary, in his self-interview on his website (www.banksy.co.uk) he said: “As a kid I always dreamed of growing up to be a …show more content…
Penalver and Katyal in their book “Property Outlaws” point out that there are two broad categories of lawbreaking: “acquisitive” and “expressive.” The main distinction between them is the difference between intentional lawbreaking that generates immediate and substantial benefits to the lawbreaker and the lawbreaking that generates no such immediate benefit but that instead self-consciously aims to achieve (or generate) a larger legal goal. Furthermore, the outlaw’s conduct may carry an informative value by way of persistent, widespread lawbreaking, through which the outlaw behavior may communicate useful information to property owners and to the state, indicating that some element of property law, or some dimension of the owner’s one of property, may be out of date or unjust. Saint Augustine once said that “a law that is unjust seems to be no law at all.” Penalver and Katyal further point to the powerful argument made by Ronald Dworkin that lawbreaking can be occasionally justified when it is undertaken to protect a person’s sense of integrity and as means of expressing views about the injustice of an existing law. He separates this type of conscious law breaking from “ordinary criminal activity motivated by selfishness or anger or cruelty or madness,” which he admits is always

Related Documents