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The Social Right to Property: Social Function and Human Rights

New Arrival The Social Right to Property: Social Function and Human Rights

The Social Right to Property: Social Function and Human Rights

The Social Right to Property: Social Function and Human Rights

Author: Koldo Casla
Publisher: Edward Elgar Publishing
ISBN: 9781035339174
Published In: March 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: $169.00

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Description
Contents

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In this innovative book, Koldo Casla proposes that property should be reinterpreted as a social right, arguing from the perspective of human rights and the social function that ownership must serve not only private interests but also the interests of the community.

Positing that property ought to be democratically defined in accordance with its social function, Casla articulates a proposal for a new social right to property and evaluates the implications in relation to adequate housing and the private provision of public services, including transport and energy. Global case studies from Africa, Europe and Latin America demonstrate the underlying tension between an exclusivist and extractive idea of private property and the state’s mandate to respect, protect and fulfil social rights.

Presenting a unique method of inquiry, The Social Right to Property is of great interest to scholars, students and practitioners of international human rights law, comparative law and property theory. Its critical analysis also makes it a valuable resource for those interested in property ownership and social rights.

1.

Introduction: is the ancient institution of property fit for contemporary social rights?

2.

Property and social rights in international human rights law: between mutism and polysemy

3.

Property in comparative law

4.

Property as ideology and as institution: reconciling social rights and property through social function

5.

The social right to property: a proposal

6.

Adequate housing and the social right to property

7.

Private provision of public services and the social right to property

8.

Conclusion: the utility of property in ensuring rights for all

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