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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Property Diversity and its Implications

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ISBN13: 9781138193543
Published: August 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £85.00

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Property is more diverse than is usually assumed. And, developing this concept of property diversity, this book explores the varied role of property in placed human landscapes. In acknowledging the propertied diversity about us, the book highlights the paucity of our settled contemporary assumptions of property as defined by private ownership.

Challenging this totalizing and universalizing model, the book analyses how this self-limiting view produces critical blind spots in modern property discourse. In response, it offers a re-conceptualization of property that matches the grounded reality of our rich and diverse relationships with land. Integrating the plurality of real property types (private, public and common) with inclusive understandings of both interest and ownership, it thus identifies and substantiates an overarching theory of property diversity.

Drawing on studies from numerous jurisdictions, including the US, NZ, Australia, and UK, its analysis of property as something more – and indeed other – than a place-less abstraction provides an invaluable contribution to the contemporary law and theory of property.

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Property Law
Introduction: The Implications of Property Diversity

Part I: The Diverse Private, Public & Common Estates
Chapter 1: Private Property and the Domineering Right to Exclude
Chapter 2: Towards an Understanding of Public Property
Chapter 3: The Paradoxes of Common Property

Part II: The Implications of Property Diversity for Place, Community and Obligation
Chapter 4: Seeing Property Diversity
Chapter 5: Seeing Property Diversity in Sustainable Place
Chapter 6: Obligation and the Property Monotone
Chapter 7: Obligation and Property Diversity
Chapter 8: Community and the Implications of Property Diversity