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Property Rights & the Demands of Transformation

52 Pages Posted: 15 Oct 2009  

Bernadette Atuahene

Illinois Institute of Technology - Chicago-Kent College of Law; Faculty Fellow at the American Bar Foundation

Date Written: October 14, 2009

Abstract

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classic conception of property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and can serve as a sanctuary for enduring inequality. This is particularly true in countries where ownership is contested and land reform is essential due to pervasive past property theft. Oddly, the classical conception is flourishing in transitional states, like South Africa and Namibia, where transformation of the property status quo is essential. The specific question this Article addresses is: for states where past property dispossession threatens to destabilize the current state, is the classical conception appropriate or do these states require an alternative conception of real property? In this Article, I develop the transformative conception of real property to explore how the exigent need for societal transformation should inspire us to rethink property rights.

Keywords: Property, dispossession, restitution, South Africa, transitional justice, human rights

Suggested Citation

Atuahene, Bernadette, Property Rights & the Demands of Transformation (October 14, 2009). Available at SSRN: https://ssrn.com/abstract=1489085 or http://dx.doi.org/10.2139/ssrn.1489085

Bernadette Atuahene (Contact Author)

Illinois Institute of Technology - Chicago-Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States
312-906-5344 (Phone)
312-906-5280 (Fax)

HOME PAGE: http://www.kentlaw.edu/faculty/batuahene/

Faculty Fellow at the American Bar Foundation ( email )

750 N. Lake Shore Drive
Chicago, IL 60611
United States

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