Produktdetaljer
Biografisk notat
Koldo Casla, Senior Lecturer, Essex Law School & Human Rights Centre, University of Essex, UK<i>‘This brilliant book grasps vital issues that have eluded the human rights movement for many years. Casla reconciles social rights, property, and the social function. Everybody committed to the future of human rights will benefit from his exceptional - and accessible - scholarship on the social right to property.’</i>
- Paul Hunt, University of Waikato, Aotearoa New Zealand,
<i>‘Property rights, and the role of property law in defining these, are critical to collective debates and negotiations over access to the essential resources of social life. Yet, for too long, theories accounting for property rights on the one hand and economic and social rights on the other have run on separate tracks. In this fascinating, bold and deeply thoughtful book, Casla demonstrates why, and shows us how, property and human rights commitments must work together. By engaging with the inner logics of property theory he demonstrates how ideas about property can and should be re-cast in line with social rights, offering a critical new paradigm for human rights scholars interested in resource allocation and for property scholars interested in social justice.’</i>
- Lorna Fox O’Mahony, Essex Law School, UK,
<i>‘Understanding the right to property as a human right is central to responding to many of the major challenges posed by privatization, financialization and commodification, and to give real substance to the right to housing. Casla’s book weaves together elements from property, human rights, and comparative law, to provide a sophisticated and pioneering analysis of property as a social right.’</i>
- Philip Alston, New York University, USA,
<i>‘Koldo Casla examines the powerful institution of property, showing how it is a social creation, and everywhere is subject to the requirements of society. This social function of property is becoming a major battleground, with modern States obliged to protect human rights, and social and environmental sustainability.’</i>
- Padraic Kenna, University of Galway, Ireland,
<i>‘This book proves that, if a human right approach - based on existing norms - is taken seriously when interpreting the contents of the right to property, it has the potential to fight poverty and reduce extreme inequalities in effective ways. Let this interpretation permeate our common sense on voices that can be heard and profits that are (or are not) legitimate.’</i>
- Juan Pablo Bohoslavsky, Researcher at the National Scientific and Technical Research Council, Argentina,
Positing that property ought to be democratically defined in accordance with its social function, Casla articulates a proposal for a new social right to property and evaluates the implications in relation to adequate housing and the private provision of public services, including transport and energy. Global case studies from Africa, Europe and Latin America demonstrate the underlying tension between an exclusivist and extractive idea of private property and the state’s mandate to respect, protect and fulfil social rights.
Presenting a unique method of inquiry, The Social Right to Property is of great interest to scholars, students and practitioners of international human rights law, comparative law and property theory. Its critical analysis also makes it a valuable resource for those interested in property ownership and social rights.