A legal and economic analysis of graffiti
Abstract
Purpose
To analyze the legal, ethical, and economic implications of governmentally criminalized graffiti.
Design/methodology/approach
First the paper presents the act of graffiti as a minor form of rebellion against an unjust government according to the criteria of just war theory. Once finding graffiti to pass the just war test, the paper moves on to consider the relationship between graffiti and property, offering second best solutions, discussing the implications of homesteading, and finally demonstrating the economic process of graffiti painting in the absence of an illegitimate government.
Findings
It is found that there is a logical impossibility for graffiti to be placed on private property. Leaving only illegitimate public space as potential graffiti targets, the paper by definition implies that the criminalization of graffiti by the illegitimate state is unjust.
Originality/value
To the best of the author's knowledge no other research has offered a theory of graffiti (a noticeable and prevalent social phenomenon), grounded in private property rights and economics incentives.
Keywords
Citation
D’Amico, D.J. and Block, W. (2007), "A legal and economic analysis of graffiti", Humanomics, Vol. 23 No. 1, pp. 29-38. https://doi.org/10.1108/08288660710725118
Publisher
:Emerald Group Publishing Limited
Copyright © 2007, Emerald Group Publishing Limited