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Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss

Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss This review seeks to establish takings as a respected field of sociolegal inquiry. In the legal academy, the term takings has become synonymous with constitutional takings. When defined more broadly, however, a taking is when a person, entity, or state confiscates, destroys, or diminishes rights to property without the informed consent of rights holders. Adopting a more expansive conception of takings lays the groundwork for a robust interdisciplinary conversation about the diverse manifestations and impacts of involuntary property loss, where some of the most valuable contributions are made by people who do not consider themselves property scholars. This review starts the conversation by bringing together the empirical literature on takings published between 2000 and 2015 and scattered in the fields of law, economics, political science, sociology, psychology, geography, and anthropology. Most importantly, a robust understanding of property's multiple values is required to fully comprehend the magnitude of the loss associated with takings, and this creates a space in which scholars can rescue property's political, cultural, emotional, and social value from the sizeable shadow cast by the overly dominant focus on its economic value. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Annual Review of Law and Social Science Annual Reviews

Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss

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Publisher
Annual Reviews
Copyright
Copyright © 2016 by Annual Reviews. All rights reserved
ISSN
1550-3585
eISSN
1550-3631
DOI
10.1146/annurev-lawsocsci-110615-084457
Publisher site
See Article on Publisher Site

Abstract

This review seeks to establish takings as a respected field of sociolegal inquiry. In the legal academy, the term takings has become synonymous with constitutional takings. When defined more broadly, however, a taking is when a person, entity, or state confiscates, destroys, or diminishes rights to property without the informed consent of rights holders. Adopting a more expansive conception of takings lays the groundwork for a robust interdisciplinary conversation about the diverse manifestations and impacts of involuntary property loss, where some of the most valuable contributions are made by people who do not consider themselves property scholars. This review starts the conversation by bringing together the empirical literature on takings published between 2000 and 2015 and scattered in the fields of law, economics, political science, sociology, psychology, geography, and anthropology. Most importantly, a robust understanding of property's multiple values is required to fully comprehend the magnitude of the loss associated with takings, and this creates a space in which scholars can rescue property's political, cultural, emotional, and social value from the sizeable shadow cast by the overly dominant focus on its economic value.

Journal

Annual Review of Law and Social ScienceAnnual Reviews

Published: Oct 27, 2016

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