Rethinking property towards equity and resilience.

Abstract

This thesis highlights the inequity and unsustainability generated by the modern conception of property, as the cornerstone of the world-capitalist economy that has led to the Anthropocene. Through a comparative constitutional analysis of the right to property in various modern and contemporary Western constitutions, its evolution is examined, as capitalism has also moved into its late neoliberal phase. The results of this research force a rethinking of property with a focus on the commons as a defining element of the eco-social function of property. Commons offer a potential pathway to more equitable and resilient societies by emphasising the use rather than the ownership of resources. Particularly, an ecofeminist approach to the commons emphasises interdependence and eco-dependence, prioritises the needs of communities, and puts life and care at the centre. It recognises the importance of including diverse perspectives in resource management decision-making processes, while building resilience to future environmental challenges. Communities communalise and constitutionalise resources while democratising spaces and society, building law from below. This perspective can offer a promising alternative to the individualism and inequality associated with private property and become a step towards more just and resilient societies. Keywords: eco-social function of property — commons — constitutional law — equity — resilience — ecofeminism(s).

Date of Award	7 Jul 2023
Original language	English
Awarding Institution	Rovira i Virgili University (URV)
Supervisor	Jordi Jaria-Manzano (Director)