1 / 12

Critical Legal Studies Conference A bundle of sticks in my garden

Critical Legal Studies Conference A bundle of sticks in my garden. Sue Farran. Gardening questions?. What is this bundle of sticks? Why is it in my garden? Where is the garden and who is gardening it? Is this bundle of sticks any use now?

prisca
Télécharger la présentation

Critical Legal Studies Conference A bundle of sticks in my garden

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Critical Legal Studies ConferenceA bundle of sticks in my garden Sue Farran

  2. Gardening questions? What is this bundle of sticks? Why is it in my garden? Where is the garden and who is gardening it? Is this bundle of sticks any use now? What to do with the sticks? travelsketch.blogspot.com

  3. ‘Gardening is not a rational act’ (Margaret Atwood, Canadian poet, novelist, literary critic, essayist, and environmental activist) Evading definition: Property, land, gardening: see e.g. propertyn. anything that is owned by a person or entity. Property is divided into two types: "real property" which is any interest in land, real estate, growing plants or the improvements on it, and "personal property" (sometimes called "personalty") which is everything else. "Common property" is ownership by more than one person of the same possession … (http://legal-dictionary.thefreedictionary.com/property Land: ‘[mass noun] the part of the earth’s surface that is not covered by water … ‘an area of ground, especially in terms of its ownership or use’… and ‘(the land) ground or soil used as a basis for agriculture’ http://oxforddictionaries.com/definition/english/land

  4. A bundle of rights approach to land/property • Ownership • Possession • Use • Management

  5. ‘The "bundle of rights" concept of property denies any fixed meaning to the term property and deemphasizes the importance of the thing with regard to which the rights are claimed. In the bundle metaphor, each right, power, privilege, or duty is but one stick in an aggregate bundle that constitutes a property relationship (A. Bell and G. Parchomovsky, 90 Cornell L. Rev. 531 2004-2005, 545).

  6. Undermining private property rights • Planning laws and development of torts of nuisance • Public Access • Environment/sustainability concerns • Global commons/public interest • Human rights • Localism/devolved government • New gardens and gardeners

  7. New gardens and gardeners • Village and Town Greens • Allotments • Community Gardens/Orchards/Farms/Woodlands • City and School Farms and Gardens • Farm Shares/food shares • Guerrilla Gardening

  8. Why garden?"To forget how to dig the earth and to tend the soil is to forget ourselves." (Mahatma Gandhi) • Individuals/community/initiatives • Self-help/reactionary/revolutionary • Custodianship/stewardship/responsibility • Growing/digging/doing/enjoying • Reclaiming heritage/ space/place • Providing education/skills/food/satisfaction/health

  9. Challenging the bundle • Inclusive not exclusive • Non-commodification of land • Re-defining public interest • Challenging private rights • Transient/temporary control/use • Changing values

  10. Does it matter? • 59 registered city farms • 300 registered community orchards • 330,000 allotments • 100,000 + waiting for allotments • 82 school farms • 1,000 community gardens • 4,500 town and village greens in England and Wales • 25 community forests in England and over 200 community woodland groups in Scotland.

  11. New sticks/old sticks/no sticks? Is there a need to cultivate new legal forms? Wasteland: carba008.wordpress.com Wild Garden, Montrose Ham Photos Formal Gardens: QTLuong

  12. Which sticks?

More Related