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Move Along to Where? Property in Service of Democracy (A Tribute to André van der Walt)

29 Pages Posted: 8 Jun 2017 Last revised: 8 Sep 2017

Timothy M. Mulvaney

Texas A&M University School of Law

Joseph William Singer

Harvard Law School

Date Written: September 7, 2017

Abstract

When the police in cities that prohibit sleeping in public spaces command that people on the streets “move along,” advocacy groups for the homeless have started a campaign that pointedly asks “move along to where?” This question seeks to highlight the reality that homeless persons are being subjected to an order with which they have no capacity to comply. In this instance, the state is defining and rigidly enforcing property rights without concern for the consequences of its doing so; it apparently is only after this exercise in definition and enforcement that the state can move to respect fundamental democratic values — such as dignity and equality — in the space that remains.

Inspired by the work of André van der Walt, we here present the alternate thesis that property exists in service of the values that characterize our democracy. We advance this thesis through the lens of two stories of eviction — the leading cause of homelessness in the U.S. — in which our democratic values seemingly and, in our view, unacceptably are taking a backseat to property.

Keywords: property, democracy, equality, dignity, progressive property, eviction, homelessness, landlord, tenant

Suggested Citation

Mulvaney, Timothy M. and Singer, Joseph William, Move Along to Where? Property in Service of Democracy (A Tribute to André van der Walt) (September 7, 2017). Texas A&M University School of Law Legal Studies Research Paper No. 17-39. Available at SSRN: https://ssrn.com/abstract=2976009

Timothy M. Mulvaney (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Joseph W. Singer

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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