Lorna Fox
The Idea of Home in Law
Fox, Lorna
Authors
Contributors
L Fox O'Mahony dla0lf@durham.ac.uk
Other
Abstract
The idea of ‘home’ is problematic for lawyers. Although the significance of home sometimes appears to be acknowledged in legal discourse, the proposition that home can encapsulate meanings beyond the physical stricture of the house or its capital value continues to present conceptual difficulties for lawyers. Starting from the reference to ‘respect for home’ in the European Convention on Human Rights, this article considers why courts are reluctant to give effect to any recognition of the non-financial values of home, with the result that the financial claims of secured creditors and landlords overwhelmingly prevail over the ‘home’ interests of occupiers. These issues are considered in the context of law’s preference for rationality and objectively definable, ‘provable’ interests. The article suggests, however, that the idea of home in law is not unworkable, but rather underdeveloped. A number of ad hoc examples are presented as evidence of law’s capacity to recognise ideas linked to home in order to further particular policy aims, so long as this does not run counter to the overarching goals of the system. Finally, the article evaluates avenues through which lawyers could engage productively with home theorists in other disciplines to develop a more coherent legal concept of home.
Citation
Fox, L. (2005). The Idea of Home in Law. Home Cultures: The Journal of Architecture Design and Domestic Space, 2(1), 25-49. https://doi.org/10.2752/174063105778053445
Journal Article Type | Article |
---|---|
Publication Date | Mar 1, 2005 |
Deposit Date | Jul 15, 2011 |
Publicly Available Date | Aug 11, 2011 |
Journal | Home Cultures: The Journal of Architecture Design and Domestic Space |
Print ISSN | 1740-6315 |
Electronic ISSN | 1751-7427 |
Publisher | Taylor and Francis Group |
Peer Reviewed | Peer Reviewed |
Volume | 2 |
Issue | 1 |
Pages | 25-49 |
DOI | https://doi.org/10.2752/174063105778053445 |
Keywords | Concept of Home, Socio-legal. |
Public URL | https://durham-repository.worktribe.com/output/1550083 |
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