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5 - Resilient Property Methodology

from Part II - Resilient Property in an Age of Crises

Published online by Cambridge University Press:  11 August 2022

Lorna Fox O'Mahony
Affiliation:
Essex Law School
Marc L. Roark
Affiliation:
Southern University Law Center
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Summary

In this chapter, we explain the methodological frame and normative hypothesis of Resilient Property, drawing on wicked problem theory, vulnerability theory and equilibrium theory. Structuring methods drawn from wicked problem theory and “method assemblage” are adopted to support fuller analyses of the complex array of relations and practices, individual and institutional vulnerabilities that are at stake when homeless squatters occupy empty property. Resilient Property draws insights from “vulnerability theory”: adopting Fineman’s general approach to vulnerability and resilience; and building on her insights concerning institutional vulnerability, including the vulnerability of the state. This provides a central anchor for our analyses of state responses to squatting: that a necessary implication of recognizing that the state itself is a vulnerable institution is that we recognize the need for states (and governments) to act in ways that build their own resilience, to shore up their authority and legitimacy in the face of conflict or crises. This underpins our focus on “equilibrium” in Resilient Property: recognizing that states are not neutral arbiters in relation to competing claims to land but are required to negotiate their “other-regarding” responsibilities – adjudicating and allocating resilience to individuals and institutions – against the backdrop of their own “self-regarding” need for resilience. Through this approach, Resilient Property enables us to develop a realistic, contextualized, conceptualization of state action with regard to complex property problems.

Type
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Squatting and the State
Resilient Property in an Age of Crisis
, pp. 203 - 230
Publisher: Cambridge University Press
Print publication year: 2022

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