Destabilizing Property

Destabilizing Property

Editors

Chris Bevan

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Description

Property rights depend upon the respect, or at least acquiescence, of non-owners to owners’ assertions of priority and control over things. Property is often theorized in such a way that it is easy to lose sight of all that a stable property rights regime demands of non-owners. This chapter resists the standard proposed solutions—magically giving disadvantaged groups more resources or expand the definitions of property to include the poor—to the linked problems of inequality and inequity dominate academic and policy discussions. It considers a third option: destabilizing property. Rather than being content with the often incomplete and grudging efforts to bring non-owners up to the level of owners by giving them more resources or employing expansive approaches to property rights, selectively destabilizing property rights offers a way of forcing owners to confront all that property rights demand of non-owners.

DOI

https://doi.org/10.4337/9781802202069.00022

Publication Date

8-20-2024

Book Title

Research Handbook on Property, Law and Theory

First Page

214

Last Page

230

Publisher

Edward Elgar Publishing

Keywords

poverty law, property theory, property law, exclusion, destabilizing property, inequality

Disciplines

Housing Law | Land Use Law | Law | Law and Economics | Law and Society | Property Law and Real Estate

Destabilizing Property

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