Lawscape: Property, Environment, Law

Lawscape: Property, Environment, Law

by Nicole Graham


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Lawscape: Property, Environment, Law by Nicole Graham

Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies. Addressing law's relationship to land and natural resources through its property regime, Lawscape engages the abstract philosophy of property law with the material environments of place. Whilst most accounts of land law have contributed cultural analyses of historical and political value predominantly through the lens of property rights, few have contributed analyses of the natural consequences of property law through the lens of property responsibilities.
Lawscape does this by addressing the relationship between the commodification of land, instituted in and by property law, and ecological and economic histories. Its synthesis of property law and environmental law provides a genuinely transdisciplinary analysis of the particular cultural concepts and practices of land tenure that have been created, and exported, across the globe.

Product Details

ISBN-13: 9780415697781
Publisher: Taylor & Francis
Publication date: 09/06/2011
Pages: 240
Product dimensions: 6.14(w) x 9.21(h) x 0.51(d)

Table of Contents

Acknowledgements vii

Foreword: Alain Pottage ix

Preface xiii

1 Introduction 1

1.1 Paradigm, property, place 1

1.2 Location 12

1.3 Map 20

2 Conceptual origins 23

2.1 Introduction: separation of people and place 23

2.2 Ancient origins and etymology of property 25

2.3 Nature/culture 27

2.4 Persons/things 37

3 Material origins: nation 51

3.1 Introduction: building a placeless nation 51

3.2 Ordering place: enclosure 53

3.3 Traces of place 69

3.4 Conclusion 83

4 Material origins: empire 85

4.1 Introduction: alienation and maladaptation 85

4.2 Ordering place: colonisation 90

4.3 Trading place 104

4.4 Maladaptation 123

4.5 Conclusion 132

5 Conceptual developments 134

5.1 Introduction: dephysicalisation 134

5.2 Person-person property 136

5.3 Thing-thing property 147

5.4 Conclusion 159

6 Placelessness in contemporary practices 160

6.1 Introduction 160

6.2 Legal practice 164

6.3 Cultural practice 181

6.4 Conclusion 202

7 Epilogue: placing property 203

Bibliography 207

Index 223

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