The Lawful Forest: A Critical History of Property, Protest and Spatial Justice - Paperback

by Cristy Clark (Author), John Page (Author)

Using the forest as a thematic device, Clark and Page explore the tensions that pervade our propertied relationships; between commodity and community, abstraction and context, and private enclosure and the public square. They draw on a range of case studies including the 13th century Forest Charter, Thomas More's Utopia, the Diggers' radical agrarianism, the Paris Commune's battle for the right to the city, and Australian forest protestors of the late 20th and early 21st centuries. By analysing these movements and their contexts, Clark and Page illustrate the origin, history and legal status of the lawful forest and its modern-day companions. Although the dominant spatial paradigm is one where private rights prevail, this book shows that communal relationships with land have always been part of our law and culture.

Back Jacket

Views the 'lawful forest' as both a material forest of trees, and a metaphor for a more relational understanding of law, property and place This book is a study of the critical history of space, and the ways in which a dominant property ideology has entrenched an exclusionary and profoundly alienating version of spatial ordering. It focuses on select periods in time, when the seemingly linear trajectory of enclosure momentarily wavers and alternate spatial paths briefly materialize, before 'disappearing' from plain sight. Using the forest as a thematic device, Clark and Page explore the tensions that pervade our propertied relationships; between commodity and community, abstraction and context, and private enclosure and the public square. The book draws on a range of case studies including the 13th century Forest Charter, Thomas More's Utopia, the Diggers' radical agrarianism, the Paris Commune's battle for the right to the city, and Australian forest protestors of the late 20th and early 21st centuries. Through analysis of these movements and their contexts, the authors illustrate the origin, history and legal status of the lawful forest and its modern-day companions. Although the dominant spatial paradigm is one where private rights prevail, this book shows that communal relationships with land have always been part of our law and culture. Key Features: - A wide-ranging exploration of our diverse relationships with land - Brings together critical property theory and legal geography - Explores spatial justice, Indigenous perspectives, and the intersecting discourses of property and human rights - Draws on the literature of critical common law property, legal geography, the radical commons, legal custom, protest and the forest - Line drawings at the beginning of each chapter use the imagery of the forest to create thematic links between each section Cristy Clark is a Senior Lecturer in the Faculty of Business, Government and Law at the University of Canberra, Australia. John Page is a Professor of Law in the Faculty of Business, Law and Arts at Southern Cross University, Australia.

Author Biography

Cristy Clark is an Associate Professor of Law in the Faculty of Business, Government and Law at the University of Canberra, Australia. Her research focuses on legal geography, the commons, and the intersection of human rights, neoliberalism, activism and the environment.

John Page is a Professor of Law at the University of New South Wales, Australia. His research explores the diversity of property in the common law tradition, and how property intersects with public space and the materiality of place.