ABSTRACT
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
