‘Home’ Among the Gumtrees: The Experience of Home under Australian Real Property Law and in Property Theory
Date
2022
Authors
Tyrer, Samuel Paul
Editors
Advisors
Babie, Paul
Burdon, Peter
Burdon, Peter
Journal Title
Journal ISSN
Volume Title
Type:
Thesis
Citation
Statement of Responsibility
Conference Name
Abstract
This thesis considers the experience of home in Australian law, and the relevance of law to that
experience. It defines that experience as, ideally, encompassing a feeling of security, self-identity and
relationships and family. Three case studies are presented which demonstrate areas of Australian
property law undermining that home experience for individuals in housing. Having demonstrated the
capacity for property law to undermine home, the thesis advances proposals for legislative reform in
relevant areas to better protect the home experience. The thesis also addresses the problem of home as
a matter of property theory, whereby it is argued that home – the experience – is capable of being the
subject matter of property systems. Property systems can thus be designed to protect home, as well as
to ensure distributions of that experience to ensure human flourishing. In terms of its design and
legitimacy, Australia’s property system must ensure home – the experience – for all. This argument is
advanced, drawing on a particular interpretation of the personhood and human flourishing theories of
property. The argument developed draws attention to the fact that some people in society have more
than enough property in which to experience home, while others live in precarious housing or do not have
even a roof over their head in which to experience home. The property system further undermines the
experience of home through unequal distributions of ownership, which perpetuates the injustice of a lack
of home.
School/Discipline
Adelaide Law School
Dissertation Note
Thesis (Ph.D.) -- University of Adelaide, School of Adelaide Law School, 2023
Provenance
This electronic version is made publicly available by the University of Adelaide in accordance with its open access policy for student theses. Copyright in this thesis remains with the author. This thesis may incorporate third party material which has been used by the author pursuant to Fair Dealing exceptions. If you are the owner of any included third party copyright material you wish to be removed from this electronic version, please complete the take down form located at: http://www.adelaide.edu.au/legals