A common sense of property?

Cockburn, Patrick

doi:10.1080/1600910x.2015.1005111

Cited by 4 publications

(2 citation statements)

References 18 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The second view rejects the idea of a core of property that is nested in negative liberty (the autonomous right to exclude), by focusing on a plurality of values that shape property. It thereby allows to include a ‘far broader range of issues that can legitimately be discussed with reference to property, such as the obligations that property entails for its owners’ (Cockburn, 2016: 84). In fact, it holds limitations to property as being inherent to property law itself.…”

Section: Conflicting Views On Property and Ownershipmentioning

confidence: 99%

“…Like sustainability, property as a concept appears to be contested (Cockburn, 2016; Davies, 2012). Whereas the standard conception of property focuses on individuals’ liberty to basically do as they please with their possessions, a ‘counter-tradition’ (France-Hudson, 2017) in property theory recognizes fundamental limitations to the power over the objects owned and regards restrictions and obligations as inherent to property.…”

Section: Introductionmentioning

confidence: 99%

See 1 more Smart Citation

Towards sustainable property? Exploring the entanglement of ownership and sustainability

Degens

2021

Social Science Information

View full text Add to dashboard Cite

This article explores the relation between ownership and sustainability on a conceptual level. It specifically examines different imaginaries of sustainable property by asking how private property rights and their restrictions are conceptualized as instruments for sustainability. To do so, conflicting notions of property that underlie Western jurisprudence and political theory are contrasted. This brings us to the identification of two major traditions in property thought that build on atomist or relational conceptions of society and property, respectively. Property might be conceived as an owner’s exclusive control over an object, or as a ‘bundle of rights’ that comprises entitlements, restrictions, and obligations to various actors. Largely within the paradigm of modernization as a trajectory of sustainability, these two fundamental traditions in property theory relate to different approaches to encode sustainability into property law: i) propertization, i.e. the extension of private property forms, as in the case of carbon emissions trading schemes; ii) the acknowledgment of social and environmental obligations inherent to property, illustrated by the social obligation norm in German law.

show abstract

Section: Conflicting Views On Property and Ownershipmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Towards sustainable property? Exploring the entanglement of ownership and sustainability

Degens

2021

Social Science Information

View full text Add to dashboard Cite

show abstract

Progressive Property: A Spatially Just Approach to Property?

Byer

2023

Palgrave Socio-Legal Studies

View full text Add to dashboard Cite

This chapter examines the progressive property school’s attempts to address property’s shortcomings, as it is one of the more recent critiques of the ownership model to have gained traction. The main characteristics of progressive property are described, and the contributions of prominent scholars are summarised in relation to virtue ethics, public trust and the common heritage of mankind. While noting that this school emerged in the specific cultural context of the US, and that its parameters are continuing to evolve, the chapter nevertheless outlines some conceptual limitations in progressive property thinking that have implications for developing a spatially just approach to property. The chapter concludes by reinforcing the importance of a legal geographical perspective when examining the law’s relationship with land.

show abstract

How Property Structures Dependence

Cockburn

2018

The Politics of Dependence

View full text Add to dashboard Cite

A common sense of property?

Cited by 4 publications

References 18 publications

Towards sustainable property? Exploring the entanglement of ownership and sustainability

Towards sustainable property? Exploring the entanglement of ownership and sustainability

Progressive Property: A Spatially Just Approach to Property?

How Property Structures Dependence

Contact Info

Product

Resources

About