This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the ‘threat’ of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of ‘squatting’.

Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

chapter |10 pages

Introduction: criminalising squatting

Setting an agenda
ByLorna Fox O’Mahony, David O’Mahony, Robin Hickey

part 1|74 pages

The state

chapter 1|25 pages

The political economy of trespass

Revisiting Marxist analysis of the law's response to squatting
ByNeil Cobb

chapter 2|26 pages

Crime as property

A restorative perspective on the criminalisation of squatting and the ‘ownership' of unlawful occupation
ByDavid O’Mahony, Lorna Fox O’Mahony

chapter 3|22 pages

Criminalisation of squatting

Scottish lessons?
ByBonnie Holligan

part 2|70 pages

The squatter Vulnerability, lifestyle, protest and political rhetoric

chapter 4|22 pages

The role of rhetoric in the criminalisation of squatting

ByTheodora Middleton

chapter 5|24 pages

The criminalisation of squatting

Discourses, moral panics and resistances in the Netherlands and England and Wales
ByDeanna Dadusc, Dee Etc

chapter 6|23 pages

Criminalising the poor

133Squatting, homelessness and social welfare
ByReeve Kesia

part 3|83 pages

The landowner

chapter 7|21 pages

A property law critique of the criminalisation of squatting

ByRobin Hickey

chapter 8|26 pages

Adverse possession

Relativity to absolutism
ByEmma JL Waring

chapter |13 pages


Developing critical perspectives on the criminalisation of squatting
ByLorna Fox O’Mahony, David O’Mahony, Robin Hickey