Placing Property

A Legal Geography of Property Rights in Land

Amanda Byer

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English

Palgrave Macmillan
15 June 2023

Jurisprudence & philosophy of law; Civil codes & Civil law; Law & society; Legal history; Environment, transport & planning law; Property law

Series: Palgrave Socio-Legal Studies

This open access book presents a legal geography of property rights in land

through the lenses of landscape and critical spatial justice. It seeks to reassert

the importance of landscape and place in property as an alternative to abstract

concepts of property which dominate contemporary thinking. It investigates

property’s origins and uptake in the common law through the lenses of landscape

and spatial justice, providing a genealogy of property, from its early origins in

pre-feudal Scandinavia to its development as a cornerstone concept in English

common law. It offers a new perspective and analytical tools to reconsider many

accepted approaches to land in the law today. This book also contributes both to

the decolonization of property law and critiques of property’s unsustainability, as

well as the examination of the role of law itself in facilitating large scale land

changes that destroy place, and the ramifications of this process. As such, it

should be of interest to inter-disciplinary scholars working in the socio-legal,

environmental and property law fields

By: Amanda Byer
Imprint: Palgrave Macmillan
Country of Publication: Switzerland
Edition: 1st ed. 2023
Dimensions: Height: 235mm, Width: 155mm,
Weight: 303g
ISBN: 9783031319938
ISBN 10: 3031319931
Series: Palgrave Socio-Legal Studies
Pages: 70
Publication Date: 15 June 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Introduction: A Legal Geography of Property Rights in Land.- 2. Placing Property in the Landscape.- 3. Locke and the Homogenisation of the Landscape.- 4. Blackstone and the Externalisation of Landscape.- 5. Marx and the Dephysicalisation of the Landscape.- 6. Extinguishing Landscape, Creating Property: Property and Spatial Injustice.- 7. Progressive Property: A Spatially Just Approach to Property?.- 8. Conclusion: Property’s Placelessness.

Amanda Byer is Post-doctoral Researcher at the Sutherland School of Law, University College Dublin, Ireland.