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Lecture 9

SOSC 3375 Lecture Notes - Lecture 9: Precarity


Department
Social Science
Course Code
SOSC 3375
Professor
Tanja Juric
Lecture
9

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Lecture 9: Legal Geographies
Thursday, November 15, 2018
12:18 PM
Lecture Outline:
1. Liberal Foundations of Property
2. The ownership model
3. Private property, Entitlement and Exclusion
4. Colonization, Property, and Indigenous Geographies
Nicholas Blomley:
Space= performative- actively produced on an ongoing basis
Spatialization= social production of space
Property = violent
o Performative
Exclusion gives you certain rights
Locke's social contract:
State of nature- property inadequately protected
Locke: chief end, of men's uniting into commonwealths, and putting themselves under
government, is the preservation of property
Social contract- preserves natural rights of life, liberty and property, and the enjoyment of
private rights
Natural rights and natural law
The ownership model:
Mental structure of property rights
Property= private property
Public land/crown land- we still assume that the crown can tell us how to use that property
Clear separation between owner and the state
o So the state can't just intrude whenever they want
o State can only come in at limited times
Legal geography: Property isn't really about the land- it is about social relations
o Part of property being performative
Assumes unitary, solitary and identifiable owner
o Property is separated from other properties, and owners separated from other owners-
Boundaries
Land is categorized- some land is public some is private
o Definitional, as it defines it appears to be neutral or objective
Ownership model tells us not only what property is, but what it ought to be
The rights of private individuals are anterior and superior to the collective
Property performs a political function
The power allocated through property appears to have independent, nonstakelike quality
Ownership model= spatial model
o Property appears fixed, natural and objective
Ownership model requires the production of certain space
Property and space are limited
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