Wednesday, November 27, 2013

Babie on the Spatial Dimension of Property

Paul-babiePaul Babie (Adelaide) has posted The Spatial: A Forgotten Dimension of Property (San Diego Law Review) on SSRN.  Here's the abstract:

This article employs urban sociologist and planning theorist Edward W Soja’s spatial scaffolding found in the ontological "trialectic" to look at property anew, with its obvious, but oft-forgotten spatial dimension brought to the foreground. The article uses Soja’s ontological trialectic to reassemble what we already know about property, demonstrating that theorizing about property implicitly recognizes the importance of spatiality. Recognizing the interwoven complexity to and inseparability and interdependence of historicality, sociality and spatiality — Soja’s three ontological elements — of property allows space an explicit role in defining what property is, when it exists, and how it is central to and affected by human life. But more importantly, it reveals how property is the cause of spatial injustice, which opens the possibility of using property as a vehicle both to seek and to achieve spatial justice. The article concludes by reflecting upon the emerging definition of spatial injustice, how property is one source of such injustice, and how recognizing the spatial dimension may allow us to see and to remedy instances of it.

 

https://lawprofessors.typepad.com/property/2013/11/babie-on-the-spatial-dimension-of-property.html

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