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Human rights, property and the search for 'worlds other'

Grear, Anna 2012. Human rights, property and the search for 'worlds other'. Journal of Human Rights and the Environment 3 (2) , pp. 173-195. 10.4337/jhre.2012.03.01

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While some accounts of rights and property paradigms see property as an inherent incident of a colonizing form of human rights law and discourse, others draw out the contradictions between them, suggesting that human rights and property have opposing impulses towards inclusion and exclusion respectively. While not rejecting the insights of either of these positions, the author argues that a fundamental ambivalence lies at the heart of human rights law and discourse demonstrating both oppressive and emancipatory potential. This ambivalence is, the author argues, also internal to the Western property concept – a claim facilitating a renewed emphasis upon property's inclusory potential as an institutional foundation for a more eco-humane and vulnerability-responsive ordering of legal relations.

Item Type: Article
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: human rights; property; critique; ambivalence; exclusion v excludability; ‘worlds other’; environment; eco-humane subjectivities
Publisher: Edward Elgar Publishing
ISSN: 1759-7188
Last Modified: 04 Jun 2017 05:50

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