Lawscape: Property, Environment, Law

Subjects:

Property Law, Environmental Law, Jurisprudence

Part 1: Introduction – The Paradigm Of Dephysicalisation Part 2: Conceptual Origins (i) Introduction (ii) Ancient Origins and the Etymology of Property (iii) The Paradigm of Nature / Culture in Philosophy and Science (a) Masters and Possessors of Nature (b) Eyes of the Manufacturing Period (c) Cultivation: the Nexus of Nature / Culture (d) A Common Origin (iv) The Paradigm of Person / Thing in Property Law (a) Locke (b) Blackstone (c) The Various Guises of Land as Thing Part 3: Material Origins: Nation (i) Introduction: Building a Placeless Nation (ii) Ordering Place: Enclosure (a) Making Culture (b) Making Nature: Landscape (c) Landscape as Property (iii) Anti-Enclosure Discourse (d) Romanticism (e) Resistance N Graham Lawscape: Place and Adaptation in Property Law 6 Part 4: Material Origins: Empire (i) Introduction: Bearers of an Ancient Past? (ii) Defining Colonial Property Law as Local (a) Australia (b) Canada (c) United States of America (iii) Defining Colonial Property Law as Alien (a) Sovereignty (b) Progress, Cultivation and Waste (c) Land Grants and the Great Land Rush (d) Alienability and Commerce Part 5: Conceptual Developments (i) Introduction: elaborating and critiquing the logic of person / thing (ii) Person / Person (a) Positive Property: Bentham (b) Utilitarian Property: J S Mill (c) Property Rights: Hohfeld (d) Property as Politics: Vandevelde and Macpherson (vi) Thing / Thing (a) Property as Fetish: Marx (b) Property as Consumption: Arendt (c) Property as Symbolic Exchange: Baudrillard (d) Property as Illusion: Gray and Pottage Part 6: Material Consequences (i) Introduction: Adaptation and Property Law (ii) Defining English Property Law as Maladapted (a) Relation to Local Environment: Gentlemen’s Parks and Imports (b) Degraded Dominions: Property in Food and Water (iii) Defining Colonial Property Law as Maladapted (a) Relation to Local Environment: Agriculture and Pastoralism (b) Degraded Empire: Property in Food and Water Part 7: Contemporary Practices (i) Introduction (ii) Dephysicalising Property in Legal Practice (a) Property Law and Native Title Law (b) Property Law and Environmental Law (iii) Dephysicalising Property in Cultural and Agricultural Practice (a) Battling the Land: Farmers and Pastoralists (b) Custodians, Stewards and Sustainability (iv) Dephysicalising Property in Pedagogic Practice (a) Anthropocentric Pedagogy (b) The Return to Land Law Part 8: Conclusion