Overview
- Offers an imaginative and original approach to the current property problem
- Argues that the current legal system of protecting property rights lacks nuance and is unresponsive to social concerns
- Discusses the relationship between property and environmental and social harm
- This book is open access, which means that you have free and unlimited access
Part of the book series: Palgrave Socio-Legal Studies (PSLS)
Buy print copy
Tax calculation will be finalised at checkout
About this book
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
Similar content being viewed by others
Keywords
Table of contents (8 chapters)
-
Front Matter
-
Back Matter
Reviews
“The book offers a concise and good overview of several leading approaches to property, while suggesting new venues and concepts, particularly the concept of ‘landscape’, which would re-emplace land in its natural, social, and cultural surroundings.” (Alexandre (Sandy) Kedar, Journal of Law and Society, April 30, 2024)
“This wonderfully readable and timely book takes readers on an intellectually compelling tour of land rights, customs, and practices across an impressive range of landscapes including pre-feudal Scandinavia, pre-Columbian America, the colonisation of the Caribbean and Ireland. By tracing the geohistorical development and devastating impact of now dominant and dephysicalised forms of property on such diverse communities and ecologies, Byer powerfully demonstrates the need to embed land laws within their geographical conditions and limits.” [-Nicole Graham, Professor and Associate Dean Education, Sydney Law School, The University of Sydney, Australia; author of Lawscape: Property, Law, Environment (Routledge, 2011)]
“This is a book I am looking forward to quoting and citing because it uniquely brings together the usually disconnected domains of landscape, law, place, property and justice into a cohesive whole. This will become an invaluablesource to readers seeking a comprehensive understanding of the contemporary scholarly questioning that is unsettling the once so seemingly settled absolute right of property.” [-Kenneth R. Olwig, Emeritus Professor of Landscape Architecture, Swedish University of Agricultural Science, Alnarp]
Authors and Affiliations
About the author
Amanda Byer is Post-doctoral Researcher at the Sutherland School of Law, University College Dublin, Ireland.
Bibliographic Information
Book Title: Placing Property
Book Subtitle: A Legal Geography of Property Rights in Land
Authors: Amanda Byer
Series Title: Palgrave Socio-Legal Studies
DOI: https://doi.org/10.1007/978-3-031-31994-5
Publisher: Palgrave Macmillan Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2023
Hardcover ISBN: 978-3-031-31993-8Published: 15 June 2023
eBook ISBN: 978-3-031-31994-5Published: 14 June 2023
Series ISSN: 2947-9274
Series E-ISSN: 2947-9282
Edition Number: 1
Number of Pages: XIII, 70
Number of Illustrations: 1 b/w illustrations, 1 illustrations in colour
Topics: Socio-legal Studies, Common Property and Land Law, Civil Law, Legal History, Theories of Law, Philosophy of Law, Legal History