{"title":"The “Other” Relationship to Land: Property, Belonging, and Alternative Ontology","authors":"A. Carleton","doi":"10.1017/cjlj.2020.24","DOIUrl":null,"url":null,"abstract":"If land is divine and ought not be bought or sold,1 then bounded land, that which we term territory2 regardless of its form of being bounded, cannot be bought or sold without divine assent either. It may be defended, nurtured, utilised but not bought or sold. In defence of this is the human right to life and liberty. Were life and liberty to depend on access to land or territory then no hindrance would stand to merit. Theologically,3 the Divine created the land so the land belongs to the Divine.4 Similarly where humans labour (to work) and create (to make or build), such which is created is the property of the human, whether it is manufactured, built, sown. And from these personal properties flow the rights and privileges of personal property: alienation, transfer, purchase.5","PeriodicalId":43817,"journal":{"name":"Canadian Journal of Law and Jurisprudence","volume":"34 1","pages":"29 - 57"},"PeriodicalIF":0.4000,"publicationDate":"2021-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cjlj.2020.24","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian Journal of Law and Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/cjlj.2020.24","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
If land is divine and ought not be bought or sold,1 then bounded land, that which we term territory2 regardless of its form of being bounded, cannot be bought or sold without divine assent either. It may be defended, nurtured, utilised but not bought or sold. In defence of this is the human right to life and liberty. Were life and liberty to depend on access to land or territory then no hindrance would stand to merit. Theologically,3 the Divine created the land so the land belongs to the Divine.4 Similarly where humans labour (to work) and create (to make or build), such which is created is the property of the human, whether it is manufactured, built, sown. And from these personal properties flow the rights and privileges of personal property: alienation, transfer, purchase.5
期刊介绍:
The Canadian Journal of Law & Jurisprudence serves as a forum for special and general jurisprudence and legal philosophy. It publishes articles that address the nature of law, that engage in philosophical analysis or criticism of legal doctrine, that examine the form and nature of legal or judicial reasoning, that investigate issues concerning the ethical aspects of legal practice, and that study (from a philosophical perspective) concrete legal issues facing contemporary society. The journal does not use case notes, nor does it publish articles focussing on issues particular to the laws of a single nation. The Canadian Journal of Law & Jurisprudence is published on behalf of the Faculty of Law, Western University.