Dignity taking is the destruction or confiscation of property rights from owners or occupiers, where the intentional or unintentional outcome is dehumanization or infantilization.[1] There are two requirements: (1) involuntary property destruction or confiscation and (2) dehumanization or infantilization.[2] Dehumanization is “the failure to recognize an individual or group's humanity” and infantilization is “the restriction of an individual or group's autonomy based on the failure to recognize and respect their full capacity to reason.”[1] Evidence of a dignity taking can be established empirically through either a top-down approach, examining the motive and intent behind those who initiated the taking, or a bottom-up approach, examining the viewpoints of dispossessed people.[2]
When this larger harm called a dignity taking occurs, mere reparations (or compensation for physical things taken) are not enough.[1]Dignity restoration is required.[2] Dignity restoration is a remedy that seeks to provide dispossessed individuals and communities with material compensation through processes that affirm their humanity and reinforce their agency.[1] In practical terms, the remedial process places dispossessed individuals or communities in the driver's seat and gives them a significant degree of autonomy in deciding how they are made whole.[2]
The dignity takings/dignity restoration framework was first created by Professor Bernadette Atuahene following her empirical exploration of land dispossession and restitution in South Africa in her book, We Want What's Ours: Learning from South Africa's Restitution Program (Oxford University Press 2014).[1] Since then, many scholars across disciplines have applied these socio-legal concepts to an array of case studies in various time periods and geographic locations, providing a transnational, historicized approach to understanding involuntary property loss and its material and non-material consequences.[3]
The dignity takings/dignity restoration framework provides a lexicon to describe and analyze property takings from poor and vulnerable populations across the globe in different historical periods; focuses on redress by linking events of property dispossession to highlight opportunities for learning, resistance, and solidarity; allows people who are not property scholars to participate in the conversation about involuntary property loss and adequate remedies; captures both the material and immaterial consequences of property confiscation; and inserts dignity into the scholarly discourse about property, countering the singular focus on efficiency, which has dominated legal analysis since the ascendancy of law and economics.[2]
^ abcdeAtuahene, Bernadette (2016). "Dignity Takings and Dignity Restoration: Creating a New Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required". Law & Social Inquiry. 41 (4): 796–823. doi:10.1111/lsi.12249. ISSN 1747-4469. S2CID 151377162.
^ abcdeAtuahene, Bernadette (2016-10-27). "Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss". Annual Review of Law and Social Science. 12 (1): 174. doi:10.1146/annurev-lawsocsci-110615-084457. ISSN 1550-3585.
^"Center on Socio-Legal Approaches to Property". Chicago-Kent College of Law. 2017-08-03. Archived from the original on 2021-08-31. Retrieved 2021-08-31.
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