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This book re-considers property law for a future of environmental disruption.
As slogans such as "build the wall" or "stop the boats" affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law.
This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.
List of contents
1. Land Law and the State: New Contexts of Human Mobility
2. Property and Sovereignty: A Postcolonial Perspective
3. Polycentric Property Systems
4. Property Law and Disaster Vulnerability: The Case of Typhoon Haiyan
5. Land and the Lens of the State: Law, Rights and Disaster Risk Reduction
6. Land Titling after the Indian Ocean Tsunami Disaster
7. Community Mapping: Adjusting Property after the Tsunami
8.Towards Adaptive Property Law
Conclusion
About the author
Daniel Fitzpatrick is the author of two novels and two poetry collections, a verse translation of Dante's Divine Comedy, and Restoring the Lord's Day: How Reclaiming Sunday Can Revive Our Human Nature. He lives in New Orleans with his wife and four children, and he edits Joie de Vivre, a journal of art, culture, and letters for South Louisiana.
Summary
Analysing the challenges posed by natural disasters and the mass movement of people, this book demonstrates how state-centred property law is ill-adapted to circumstances of mass human mobility.
