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Property and Community$
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Gregory S. Alexander and Eduardo M. Peñalver

Print publication date: 2009

Print ISBN-13: 9780195391572

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195391572.001.0001

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Property and marginality

Property and marginality

Chapter:
(p.81) 4 PROPERTY AND MARGINALITY
Source:
Property and Community
Author(s):

A. J. VAN DER WALT

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195391572.003.004

This chapter argues that property in modern western legal culture tends to hinge on the logic of centrality. According to this logic, lawyers, owners, and users of property accept that property institutions naturally assume a central place in society, law, and legal theory. The logic of centrality relies on unreflective intellectual habits and practices that inhibit much-needed social and legal transformation in that they condemn certain persons to the margins of society and of the law, either by design or by default. The chapter surveys efforts to undermine or escape from the hold that centrality logic continues to exercise over property thinking.

Keywords:   property, marginality, informality, redistribution

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