Alexandra Carleton, ‘The “Other” Relationship to Land: Property, Belonging, and Alternative Ontology’

“If land is divine and ought not be bought or sold, then bounded land, that which we term territory 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, the Divine created the land so the land belongs to the Divine. 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.”

Alexandra Carleton, The ‘Other’ Relationship to Land: Property, Belonging, and Alternative Ontology, Canadian Journal of Law and Jurisprudence, Volume 34, Issue 1, February 2021, pp 29-57, DOI: Published online by Cambridge University Press: 25 February 2021.

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