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5 Constitutional History of the Colombian Paradox (1886–2016): Hegemony, Exception, and Postponement
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32.1 Introduction 32.1 Introduction
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32.2 Land Rights are Not Only Individual or Private 32.2 Land Rights are Not Only Individual or Private
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32.3 Land Property in Latin American History 32.3 Land Property in Latin American History
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32.3.1 The Colonial Period 32.3.1 The Colonial Period
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32.3.2 The Nineteenth Century 32.3.2 The Nineteenth Century
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32.3.3 Democratic Openings and Social Reform 32.3.3 Democratic Openings and Social Reform
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32.3.4 The Breakdown of Democracy and Counter-Reform 32.3.4 The Breakdown of Democracy and Counter-Reform
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32.3.5 Neo-liberalism, Social Property, and Multiculturalism: An Odd Combination 32.3.5 Neo-liberalism, Social Property, and Multiculturalism: An Odd Combination
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32 Property and Land
Get accessResearcher, Institute for Legal Studies, UNAM
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Published:13 January 2022
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Abstract
This chapter begins by challenging the common notion that property rights consist only or mainly in individual private property rights. Instead, it argues that there exists a plurality of land rights that can coexist with individual private property rights. It further argues that non-individual non-private property rights tend to be disproportionately in the hands of the poor, which is a powerful reason for their legal protection. Such protection has been afforded by Latin American legal regimes at different points in time. Offering a historical account of land property rights in Latin America, it argues that, with the exception of current constitutions, collective and public land rights have tended to be recognized and protected mainly under non-liberal legal systems that foresee plural modalities of property. Finally, the chapter analyses current constitutions as engendering an odd combination of plural modalities of property rights and the promotion of neoliberalism and natural resources exploitation.
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