2013
DOI: 10.1111/lasr.12030
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Paradoxes of Urban Housing Informality in the Developing World

Abstract: This article addresses a series of paradoxes regarding informal settlements in cities in the developing world and their relation with the legal system. The first paradox regards the penalization of illegal land occupations on the one hand versus the legalization of that same practice on the other. Second, it looks at the relationship between land occupations as systematic violations of property rights, but with the goal of forming new property rights and thus paradoxically supporting private property as a subs… Show more

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Cited by 48 publications
(18 citation statements)
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“…The term and concept of informality has a history that still informs its meaning; its form is shaped by the juxtaposition of differing systems of property, often a colonial legacy; its presence commonly arises because of a temporal disjuncture—regulations may be imposed far ahead of any need— or they may lag behind dynamic urban growth. And so informality is always in flux, its growth or decline being generated “passively” by a new regulation or through the actions of the regulated (Castells and Portes 1989, 298–99; Van Gelder 2013, 509). A snapshot misses its causal dynamic.…”
Section: Scope and Definitionmentioning
confidence: 99%
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“…The term and concept of informality has a history that still informs its meaning; its form is shaped by the juxtaposition of differing systems of property, often a colonial legacy; its presence commonly arises because of a temporal disjuncture—regulations may be imposed far ahead of any need— or they may lag behind dynamic urban growth. And so informality is always in flux, its growth or decline being generated “passively” by a new regulation or through the actions of the regulated (Castells and Portes 1989, 298–99; Van Gelder 2013, 509). A snapshot misses its causal dynamic.…”
Section: Scope and Definitionmentioning
confidence: 99%
“…As late as 1984, Caroline Moser, who had previously written about squatter settlements in Ecuador, was able to survey the literature on the “informal sector” without reference to the processes of urban development. Because the most striking examples of informality take the form of squatting, initially in Latin America, many still treat the concept as synonymous with the unauthorized settlement of land (e.g., Huchzermeyer and Karam 2006; Van Gelder 2013; cf. Laquian 1964; Mangin 1967; Turner 1963, 1967).…”
Section: The Character and Limitations Of “Informal”mentioning
confidence: 99%
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“…The terms “informal” or “unauthorized” generally point toward transgression and illegality on the part of settlers, although they almost always worked through existing political system as a means to be a part of that system (Gelder ). It is worth considering the use of the term “nomotropism” (acting in the light of rules) to analyze unauthorized settlements, because while people are often acting illegally, their intention is to not be criminal but to secure tenure through the most formal routes available to them (Chiodelli and Moroni ).…”
Section: Kwa Ng'ombementioning
confidence: 99%