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Squatting and the State

Squatting and the State

Squatting and the State

Resilient Property in an Age of Crisis
Lorna Fox O'Mahony, Essex Law School
Marc L. Roark, Southern University Law Center
August 2022
Hardback
9781108487740
$120.00
USD
Hardback
USD
Paperback

    Squatting and the State offers a new theoretical and methodological approach for analyzing state response to squatting, homelessness, empty land, and housing. Embedded in local, national, and transnational contexts, and reaching beyond conventional property theories, this important work sets out a fresh analytical paradigm for understanding the deep, interlocking problems facing not just the traditional 'victims' of narratives about homelessness and squatting but also a variety of other participants in these conflicts. Against the backdrop of economic, social, and political crises, Squatting and the State offers readers important insights about the changing natures of property, investment, housing, communities, and the multi-level state, and describes the implications of these changes for how we think and talk about property in law.

    • Provides the reader with a diverse and wide-ranging lens for understanding how property works
    • Develops 'Resilient Property' as a new theoretical framework and methodology for property law
    • Uses transnational examples from the U.S., Ireland, Spain, South Africa and England

    Reviews & endorsements

    'This timely and important book compels us to rethink how law structures property relations between individuals, institutions, and the state. It is a must-read for anyone interested in reforming property law to be more responsive to our collective human need for resilience.' Martha Albertson Fineman, Robert W Woodruff Professor of Law, Emory University, Founding Director of the Vulnerability and the Human Condition Initiative

    'With the unfurling of seemingly perpetual socio-economic, health, and ecological crises destabilizing long-held conceptions of law, property theory is overdue for a reckoning with the imbrication of the state's vulnerability and property's role in individual and institutional resilience. Fox O'Mahony and Roark's erudite and innovative guide to an emerging world offers a force and moral clarity that demand recognition.' Nestor M. Davidson, Albert A. Walsh Professor of Real Estate, Land Use and Property Law, Urban Law Center, Fordham Law School

    'The authors have produced a monumental contribution to property theory. States should draw inspiration from this monograph as they respond to the polycentric demands of housing crises at multiple levels using an array of resources. Resilience thinking and adaptability will become the baseline in housing scholarship for years to come.' Gustav Muller, Associate Professor of Private Law, University of Pretoria

    'This book is excellent for collections on legal theory and comparative law. … Recommended.' D. Schultz, Choice

    See more reviews

    Product details

    August 2022
    Hardback
    9781108487740
    480 pages
    235 × 157 × 32 mm
    0.86kg
    Not yet published - available from February 2025

    Table of Contents

    • Introduction Squatters, Scale, and the State
    • Part I. Squatting and the State:
    • 1. States, narratives, and norms
    • 2. Squatting and the law
    • 3. Property theory and the state
    • 4. Scaling the state
    • Part II. Resilient Property in an Age of Crises:
    • 5. Resilient property methodology
    • 6. Possession, pragmatism, and homeless squatting
    • 7. Ownership and absent owners
    • 8. Aggregate interests – neighborhoods, markets, and social movements
    • Part III. Resilient Property in Action:
    • 9. Scaling resilience and the state
    • 10. Postscript: Resilient property and the pandemic
    • Bibliography
    • Index.