Lorna Fox OMahony - The Idea of Home in Law: Displacement and Dispossession
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The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UKs social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational home issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the rights and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.
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Lorna Fox OMahony
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THE IDEA OF HOME IN LAW
Lorna Fox OMahony and James Sweeneys book bridges different branches of the law when examining the concept of home. The breadth of such an undertaking, which includes discussion on displacement in the context of conflict and the international legal implications of such, possession of the home from an English law perspective, human rights as well as home ownership in the US, is admirable. With leading scholars from a broad range of fields this book is likely to make a significant contribution to the legal field.
Rachel Murray, University of Bristol, UK
Law, Property and Society
Series Editor: Robin Paul Malloy
The Law, Property and Society series examines property in terms of its ability to foster democratic forms of governance, and to advance social justice. The series explores the legal infrastructure of property in broad terms, encompassing concerns for real, personal, intangible, intellectual and cultural property, as well as looking at property related financial markets. The series is edited by Robin Paul Malloy, and book proposals are welcome from all interested authors.
Robin Paul Malloy is E.I. White Chair and Distinguished Professor of Law at Syracuse University College of Law, USA. He is Director of the Center on Property, Citizenship, and Social Entrepreneurism. He is also Professor of Economics (by courtesy appointment) in the Maxwell School of Citizenship and Public Affairs, Syracuse University. Professor Malloy writes extensively on law and market theory and on real estate transactions and development. He has authored six books (one now in its third edition and another in its second edition), and edited five additional books. He has also written more than 25 scholarly articles, and contributed to 12 other books. His recent books include: LAW AND MARKET ECONOMY (2000, in English and translated into Spanish and Chinese); LAW IN A MARKET CONTEXT (2004); and REAL ESTATE TRANSACTIONS 3RD EDITION (with James C. Smith, 2007).
The Idea of Home in Law
Displacement and Dispossession
LORNA FOX OMAHONY
University of Durham, UK
University of Durham, UK
JAMES A. SWEENEY
University of Durham, UK
University of Durham, UK
First published 2011 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright 2011 Lorna Fox O'Mahony and James A. Sweeney
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Lorna Fox OMahony and James A. Sweeney have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.
Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
The idea of home in law : displacement and dispossession.
-- (Law, property and society)
-- (Law, property and society)
1. Right of property. 2. Eviction. 3. Refugee property. 4. Eminent domain (International law)
I. Series II. Fox OMahony, Lorna. III. Sweeney, James A.
346.04-dc22
Library of Congress Cataloging-in-Publication Data
The idea of home in law : displacement and dispossession / Lorna Fox OMahony and James A. Sweeney.
p. cm.
Includes index.
ISBN 978-0-7546-7947-9 (hardback) -- ISBN 978-1-3155-5692-5 (ebook)
1. Right to housing. 2. Housing--Law and legislation. 3. Refugees-Legal status, laws, etc. 4. Home-Social aspects. I. Fox OMahony, Lorna. II. Sweeney, James A.
K738.I34 2010
344.063635dc22
344.063635dc22
ISBN 978 0 7546 7947 9 (hbk)
ISBN 978 1 3155 5692 5 (ebk)
ISBN 978 1 3155 5692 5 (ebk)
Contents
Lorna Fox OMahony and James A. Sweeney
Susan Bright
Rashmi Dyal-Chand
A.J. van der Walt
James A. Sweeney and Lorna Fox OMahony
Padraic Kenna
Susan Breau
Antoine Buyse
Lorna Fox OMahony and James A. Sweeney
Notes on Contributors
Professor Susan Breau is Professor of International Law at Flinders University, Australia. She was formerly the Dorset Fellow in Public International Law at the British Institute of International and Comparative Law and Reader in International Law at the University of Surrey. Her monograph entitled Humanitarian Intervention: The United Nations and Collective Responsibility was published by Cameron May in 2005. Professor Breau is also co-author of K. Yildiz and S. Breau, The Kurdish Conflict: Political Context, the Law of Armed Conflict, and Post-Conflict Mechanisms (Routledge 2010); co-editor of E. Wilmshurst and S. Breau (eds), Perspectives on the ICRC Study on Customary International Humanitarian Law (Cambridge University Press, 2007) and J. Rehman and S. Breau (eds), Religion, Human Rights and International Law (Martinus Nijhoff, 2007). She has published several chapters and articles on various aspects of international law and the international protection of human rights.
Professor Susan Bright is a Professor in Land Law at New College, Oxford University. The majority of her publications are in the field of real property law. Her most recent book, Landlord and Tenant Law in Context (Hart, 2007), weaves together discussion of law and policy in both the residential and commercial property sectors. In her current research she is exploring legal models for the delivery of affordable housing, and the challenge of greening commercial tenanted property.
Dr Antoine Buyse is Associate Professor at the Netherlands Institute of Human Rights (SIM), Utrecht University, where he teaches the courses International Human Rights at University College, and Economic, Social and Cultural Rights in the human rights LL.M. programme. His research interests are the European Convention on Human Rights (ECHR), human rights in post-conflict situations, housing rights, and the freedom of expression. He is author of Post-Conflict Housing Restitution: The European Human Rights Perspective, with a Case Study on Bosnia and Herzegovina (Intersentia: Antwerpen 2008), as well as several journal articles. His work has been awarded the Erasmus Research Prize 2008, the Max van der Stoel Award 2008, the G.J Wiarda Prize 2008.
Professor Rashmi Dyal-Chand is Professor of Law at Northeastern University. Professor Dyal-Chands research and teaching focus on property law, poverty and economic development. Her recent projects examine credit, including microlending and credit card lending, as a means of economic development. Her current research explores property formalization and wealth accumulation by the poor in the United States. Professor Dyal-Chands article, Human Worth as Collateral, won the 2006 Association of American Law Schools scholarly papers competition for new law teachers. Her work has appeared in journals including the Stanford Journal of International Law, Tennessee Law Review
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