Xu, T. orcid.org/0000-0003-1282-101X and Gong, W. (Accepted: 2016) The Legitimacy of Extralegal Property: Global Perspectives and China’s Experience. Northern Ireland Legal Quarterly. ISSN 0029-3105
Abstract
Binary thinking has been entrenched in property law, posing challenges to the protection of land tenure and land users who have no title to the land they cultivate. This paper critiques the state law centred approach to evaluating the legitimacy of property and defends extralegal property, as legitimate claims to land and related natural resources that are not against the law, but that are not recognised by the law as formal property rights. It begins with an overview of how the legitimacy of property is conceived of at the global level, drawing upon several conceptual frameworks of property developed via global initiatives and soft law instruments. That being done, it moves to examine the legitimacy of extralegal property from the local perspective, looking at a case study of ‘minor rights property’ in China. It is argued that long-term usage of land supported by the prevalence of this practice and social consensus should be regarded as one of the major sources of the legitimacy of property. The paper concludes that the state law centred approach to evaluating the legitimacy of property overlooks a range of legitimate property claims and the plurality of norms governing property relations. In order to recognise the full spectrum of property, we should link global perspectives with local experiences.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2016 Queen's University Belfast, School of Law. This is an author produced version of a paper subsequently published in Northern Ireland Legal Quarterly. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 15 Aug 2016 10:07 |
Last Modified: | 03 Nov 2017 01:32 |
Published Version: | http://pure.qub.ac.uk/portal/en/journals/northern-... |
Status: | Published |
Publisher: | Queen's University Belfast, School of Law |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:103595 |