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6 J.L. Prop. & Soc'y 1 (2021)

handle is hein.journals/jlpros6 and id is 1 raw text is: Situating Property within Habitat:
Reintegrating Place, People, and Law
Margaret Davies,* Lee Godden,** and Nicole Graham
Habitat refers to the socioecological complex of resources and
relationships needed by organisms to sustain life and to flourish. Different
for every lifeform, habitats comprise both a physical dimension, the
requirements for life, security, and reproduction, including land and
waters, and a relational social dimension. As a human construct, property
is often seen as something different from habitat -a distributional
technique imposed on an inert and otherwise legally unbounded set of
freely-available resources. In this Article, we argue that, like all life-
dependent systems, the different forms of property should be understood as
situated within human and nonhuman habitats. The Article begins with a
review of anthropocentric property narratives that are based on and
maintain a distinction between human and nonhuman systems. It then
considers existing attempts to connect property and habitat within an
anthropocentric frame. Finally, the Article considers the reorientation that
is possible if we think of property as situated within habitat. Rather than
think of legal change through the lens of law reform, we argue that
situating property within human and nonhuman habitat provides a
narrative that can guide and prefigure property alternatives that will
better serve future generations. We outline three key pathways for
* Matthew Flinders Distinguished Professor in the College of Business,
Government and Law, Flinders University.
** Professor of Law and Director of the Centre for Resources, Energy, and
Environmental Law at the University of Melbourne Law School.
# Associate Professor of Law and Associate Dean (Education) at the University of
Sydney Law School. This research was supported by the Australian Government
through the Australian Research Council's Discovery Projects funding scheme
(project DP190101373). The views expressed herein are those of the authors and
are not necessarily those of the Australian Government or Australian Research
Council. The authors would like to than the anonymous referees for their helpful
comments, Laura Schuijers for her input on socioecological thought, and Jessica
Owley for her exemplary work as Editor-in-Chief
© Margaret Davies, Lee Godden, & Nicole Graham. 2021.
www.bit.ly/JLPS-DaviesGoddenGraham

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