The Reproduction of Property through the Production of Personhood: The Family Trust and the Power of Things

In Nick Piska & Hayley Gibson (eds.), Critical Trusts Law: Reading Roger Cotterrell. Oxford, UK: pp. 69-84 (2024)
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Abstract

This chapter engages with Roger Cotterrell's characterisation of the trust as 'ideological.' However, rather than agreeing with Cotterrell that the trust disguises the true ownership of the beneficiary, it shows that the family trust subverts this idea of a one-sided ownership relation altogether by effecting a reversal in the hierarchical distinction between persons and things. Under the appearance of wealth, beneficial owners are serving the very things they own by ensuring their protection and continuous reproduction.

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Johanna Jacques
Durham University

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