Beyond Private Property: Constitutional Insights Towards Equity and Resilience

This book highlights the inequity and lack of sustainability generated by the modern conception of property as the cornerstone of the world-capitalist economy that has led to the Anthropocene. Through a comparative analysis of the right to property in various contemporary Western constitutions, Clara Esteve-Jordà examines its evolution as capitalism moves into a late neoliberal phase. The book challenges existing paradigms around property, focusing on the commons as a defining element of its ecosocial function. Adopting an ecofeminist approach, Esteve-Jordà advocates for use over ownership of resources, arguing that communities should communalise and constitutionalise these while democratising spaces and society. Exploring notions of interdependence and eco-dependence, the book showcases the importance of including diverse perspectives in decision-making processes. It proposes ways of reforming property laws to address inequality and environmental challenges, bridging the gap between law and environmental justice. Providing valuable insights into resource management and equitability, Beyond Private Property will be beneficial for students and scholars in property law, environmental law, and law and society, as well as legal policymakers specialising in environmental justice and sustainability.

Table of Contents:
Contents Introduction PART I PROBLEMATISING PROPERTY 1 Unmasking the Anthropocene PART II PROPERTY IN LIBERAL CONSTITUTIONALISM 2 The modern configuration of property 3 Navigating the liberal era PART III PROPERTY IN CONTEMPORARY CONSTITUTIONALISM 4 The rise of social constitutionalism 5 The consolidation of the social function of property PART IV RETHINKING PROPERTY 6 Property towards the ecosocial transition 7 Commoning law 8 Going beyond: the commons towards equity and resilience 9 Concluding remarks References

About the Author :
Clara Esteve-Jordà, Lecturer in Constitutional Law, Rovira i Virgili University, Spain

Review :
‘Property law is foundational to the commodification of the environment in the interests of a privileged minority, at the expense of the majority of humanity and the environment itself, that now places us on the precipice of environmental breakdown. This book offers crucial insights for urgently rethinking this crucial area.’