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

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... Read more

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