‘Dehumanized housing’ and the ideology of property as a social function

Abstract

For about 250 years, private property has been ideologized as an instrument of the owners’ power to exclude. The most popular expression of the ideology of exclusion (although not his exclusive invention) is attributed to Sir William Blackstone. Speculative vacancies, a recent development in the real estate industry criticized by the UN Special Rapporteur on housing, emphasize the anti-social ideology of Blackstonian property. The article suggests that an ideology proposed by the French jurist Léon Duguit should be considered as an alternative. Based on the teachings of Comte and Durkheim, Duguit rejected the idea of property as a right and treated property as a social function. His views offer spatial planners new opportunities to define the content and boundaries of private property in land.

Narratives of power: Bringing ideology to the fore of planning analysis

“…All of these conceptions are based on the view that there are various ideologies each comprising articulations, systems, frameworks, or relational clusters of political ideas and concepts that shape and promote the values, priorities and interests of social groups . However, Davy (2020) in his analysis of the concept of property and how it is employed in planning practice takes a somewhat different approach. While not denying the validity of the above conceptions, he prefers to explore ideology as ‘powerful ideas’ that are often not reflected upon by those that hold them.…”

“…Davy in his article also concentrates on planning professionals and how they are failing to challenge ideological assumptions regarding the meaning and role of private property in ways which legitimise ‘speculative vacancies’ in cities. He gives a personal anecdote to suggest that professionals (in this case, lawyers) are trained through their education ‘not to think too hard about the ideological underpinnings of property’ (Davy, 2020: 40). This recalls Althusser’s (1984 [1971]) concept of the Ideological State Apparatus via which hegemony is secured through public institutions including schools and universities.…”

“…This recalls Althusser’s (1984 [1971]) concept of the Ideological State Apparatus via which hegemony is secured through public institutions including schools and universities. This is echoed in Davy’s (2020) claim that ‘[v]ast parts of the scholarship on property help conceal the ideological kernel inside property’s formal shell’ (pp. 43–44).…”

“…While such contestation may eventually be closed down resulting in the reproducing and sustaining of the ideational status quo for planning, it also has the potential to challenge and transform it (Zanotto, 2020: 106). This could entail planners examining their ‘own taken for granted assumptions’ (Zanotto, 2020: 106) and perhaps adopting a conception of property which is not based on Western liberalism, but its social function (Davy, 2020) or fighting against the dangerous simplifications of certain populists (Sager, 2020). Or it might mean diagnosing a shift in the ‘Overton window’ through which more progressive ideas regarding the proper function and priorities of planning might be articulated in mainstream political discourse (Inch and Shepherd, 2020).…”

Sustainable Property: What Form Should Ownership Take in the 21st Century?

“…In embracing Hardin, modern environmentalists opened the search for an alternative. Environmental advocates have argued for extending property rights to nature, revising the bundle of rights to include a 'green stick', and revising the core property concept so that it includes not only rights, but (social) responsibilities, among some of the proposals [8][9][10][11][12].…”