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Simplification is Complicated: Property, Nature, and the Rivers of Law

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  • Nicholas Blomley

    (Department of Geography, Simon Fraser University, Burnaby, BC V5A 1S6, Canada)

Abstract

A number of scholars have criticized the ways in which property law simplifies nature. Such reductive simplifications are seen as being reliant upon a claim to mastery and dominion that is belied by the essential complexity and dynamism of the natural world. Drawing from a close reading of a property-boundary dispute involving the historical movements of the Missouri River, I supplement this account by revealing the ways in which legal simplication is itself complicated: that is, both dependent on considerable amounts of practical work, and subject to breakdown, ambiguity, and contradiction. Rather than a singular river, made legible through the unfolding of a unitary legal logic, I reveal several conflicting ‘rivers’ produced through property law. I conclude by trying to make sense of property as a set of practices that serve to produce the ‘effect’ of property. These practices, while often messy and contradictory, are, nevertheless, significant in the installation of property as a powerful organizing device through which the social world is made meaningful.

Suggested Citation

  • Nicholas Blomley, 2008. "Simplification is Complicated: Property, Nature, and the Rivers of Law," Environment and Planning A, , vol. 40(8), pages 1825-1842, August.
  • Handle: RePEc:sae:envira:v:40:y:2008:i:8:p:1825-1842
    DOI: 10.1068/a40157
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    Cited by:

    1. Lawrence W. C. Lai & Stephen N. G. Davies & K. W. Chau & Ken S. T. Ching & Mark H. Chua & H. F. Leung & Frank T. Lorne, 2018. "The determination of the “true” property boundary in planned development: a Coasian analysis," The Annals of Regional Science, Springer;Western Regional Science Association, vol. 61(3), pages 579-599, November.

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