Racial regimes of ownership justified dominant conceptions of private property alongside race in colonial encounters.
Land possession played a crucial role in colonial power and resource extraction.
Property law facilitated settler colonialism and the displacement of indigenous peoples, reinforcing racialized barriers to land ownership.
Deep dives
The Relationship Between Property Law and Racial Regimes of Ownership
Private property law and racial hierarchies have historically been intertwined in colonial encounters. Racial regimes of ownership emerged as a way to justify and legitimize the dominant conceptions of private property alongside race. The idea that certain races were seen as fit to own territory and participate in market society shaped labor and property relations. These racial regimes of ownership are deeply embedded in the property law that governs Anglo-American capitalism today, reflecting the ongoing legacy of colonialism and its impact on racialized populations.
The Importance of Land Possession in Colonial Power
Land possession played a central role in colonial power and resource extraction. Colonial authorities sought control over land as a means to extract resources and establish jurisdiction. The possession and control of land were essential for the establishment of colonial rule and the domination of native populations. The pursuit of land ownership allowed for the accumulation of capital and the facilitation of capitalist enterprises in colonial territories.
The Role of Property Law in Settler Colonialism
Property law played a crucial role in facilitating settler colonialism and the displacement of indigenous peoples. Ideologies of improvement and the concept of cultivation were used to justify settler claims to land. The implementation of property law, such as the doctrine of preemption, allowed settlers to stake claims on unsurveyed land and gain ownership rights. However, indigenous peoples' cultivation of the land was often ignored or destroyed, reinforcing the racialized barriers to land ownership.
Simultaneous Existence of Capitalist and Non-Capitalist Forms of Domination in Settler Colonies
Settler colonies coexisted with a variety of property logics, including capitalist and non-capitalist forms of ownership. Property ownership in settler colonies required the maintenance of non-capitalist rationales for the appropriation of indigenous lands, reflecting the fragmented and contradictory nature of colonial modernity. Indigenous peoples were subjected to dispossession through a multitude of property logics, including occupation, possession, and title by registration, which operated simultaneously and reinforced the racialized nature of land ownership.
The Influence of European Colonialism on Zionist Settlement
Early Zionist settlers in Palestine were heavily influenced by European colonial models of dispossession and agrarian capitalism. The emphasis on laboring on the land in Palestine was driven by a reaction against European anti-Semitism, which held Jews to be different due to their lack of ties to the land. This European legacy merged with German romanticism and notions of blood and soil, shaping the Zionist ideology. Despite differences in legal regimes, both international and municipal laws were used to dispossess Palestinians and transfer land to Israeli settlers.
Challenging the Real Estate State and Reimagining Ownership
The concept of the 'real estate state' highlights the central role of property ownership, particularly real estate, in the capitalist world system. The drive towards homeownership creates a market in land, reinforcing the value and importance of ownership. To resist this system, it is necessary to make ownership less lucrative and valuable, focusing on depropertizing resources commonly seen as objects of private ownership. Examples include struggles against corporate landlords, fights for rent control, and movements that prioritize collective relationships to water and land. By challenging the logic of ownership, it becomes possible to envision a more equitable and sustainable political and economic system.
Featuring Brenna Bhandar on Colonial Lives of Property: Law, Land and Racial Regimes of Ownership. The centuries-long history of how dominant conceptions of private property were (and are) made alongside race and racial hierarchies in colonial encounters stretching from Ireland and British Columbia to Australia and Palestine.
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