1st Edition

The Routledge Handbook of Property, Law and Society

Edited By Nicole Graham, Margaret Davies, Lee Godden Copyright 2023
    492 Pages 6 B/W Illustrations
    by Routledge

    492 Pages 6 B/W Illustrations
    by Routledge

    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


    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 


    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 


    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 


    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


    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