1st Edition
The Routledge Handbook of Property, Law and Society
This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property.
Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment.
This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Foreword: Property from the Outside In
Carol Rose
Introduction
Nicole Graham, Margaret Davies, and Lee Godden
1 Caring as country: singing up sovereignties
Bawaka Country, including Kate Lloyd, Sandie Suchet-Pearson, Sarah Wright, Lara Daley, Laklak Burarrwanga, Ritjilili Ganambarr, Merrkiyawuy Ganambarr-Stubbs, Banbapuy Ganambarr and Djawundil Maymuru
PART I
Dispossession, development, and displacement
2 Plural property
Kirsten Anker
3 Regimes of dispossession
Michael Levien
4 The structure and spirit of Chinese property law
Shitong Qiao
5 Mine community displacement and resettlement in South Africa
Hanri Mostert and Gaopalelwe Mathiba
6 Disaster, relocation, and property
Caroline Compton
7 Property, climate change, and community relocation in the Pacific
Rebecca Monson
8 Form and function in property theory: new contexts of climate conflict
Daniel Fitzpatrick
PART II
Homes, housing and communities
9 Condominium: a transformative innovation in property and local government
Douglas C. Harris
10 Property and the right to housing: synergies and tensions
Jessie Hohmann
11 Homelessness as a legal phenomenon
Christopher Essert
12 Boundaries, fortresses, and home ownership
Sarah Blandy and Rowland Atkinson
13 The position of squatters in property law
Robin Hickey
14 Property, housing, and aged care
Eileen O'Brien Webb and Teresa Somes
15 A critical race feminist reading of the South African property law
Laetitia Makombe
16 Property and the regulation of houses in communities on Indigenous land
Leon Terrill
17 Habitat and home
Margaret Davies
PART III
Places, environments, and resources
18 Notes from the periphery: finding more than (non)ownership in property law?
Estair Van Wagner
19 Decolonising property law: realising the sense of Indigenous laws in Aotearoa New Zealand
Jacinta Ruru
20 The public trust doctrine, property and society
Erin Ryan
21 Global land grabs, food and power
Philip McMichael
22 Property and environmental markets
Bonnie Holligan
23 Property in water?
Cristy Clark and Erin O’Donnell
24 Property, climate change, and accountability
Lynda L. Butler
25 Animals and property: a person possessed
Johanna Gibson
26 Stewardship: retrofitting private property with the public interest in ecology
Laura Schuijers and Judy Bush
27 A relational approach to property
Jennifer Nedelsky
PART IV
Power, space, and territory
28 Territory and property
Nicholas Blomley
29 Property and commons: the tangible and the intangible
Christopher Gerrard and Henry Jones
30 Public property
John Page
31 Property, acquisition and compensation: environmental regulation and cultural loss
Lee Godden
32 Property and planning
Amelia Thorpe
33 Property and race
Priya S. Gupta
34 Gender-sensitive subjective data on land and property rights
Joseph Feyertag
35 Property rights and power across rural landscapes
Nicole Graham and Jessica A. Shoemaker
36 Property and social identities
Debbie Becher
37 Ownership without control? Mortgage finance and changing formations of property
Sarah Keenan
Biography
Nicole Graham is Associate Professor of Law at the University of Sydney, Australia.
Margaret Davies is Research Professor and Matthew Flinders Distinguished Professor of Law at Flinders University, Australia.
Lee Godden is Professor and Director of the Centre for Resources, Energy and Environmental Law at Melbourne Law School, The University of Melbourne, Australia.
"The editors have brought together an impressive and diverse group of authors from across the globe. The book deals with property in the context of law and society and therefore illustrates how property comes to life in the real world whilst at the same time providing a rich source of state of the art research for property scholars." Bram Akkermans, Professor of Property Law, Maastricht University, the Netherlands
"This fascinating and diverse collection deserves space on every property scholar's shelf. The book moves property debates forwards, proposing intellectual and theoretical frameworks to understand property as a form of spatial, social and ecological governance. Incorporating knowledge on race, colonialization and legal pluralism, the book increases the scope of our debate about what property is and could be." Antonia Layard, Professor of Law, University of Oxford, UK
"The institution of property offers a special opportunity to explore the inevitable tensions between the forces of stability and justice-inspired change. Professors Graham, Davies, and Godden have assembled an all-star cast to conduct this exploration across a range of axes - from theory to doctrine to practice. The book is a critical and highly-accessible resource for scholars, practitioners, government officials, activists, and anyone else intrigued by questions surrounding the meaning of ownership." Timothy M. Mulvaney, Professor of Law, Texas A&M University School of Law, USA
