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Author: Jamie Baxter Publisher: UBC Press ISBN: 0774863455 Category : Law Languages : en Pages : 226
Book Description
Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability – restrictions on the ability to buy and sell land – is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.
Author: Jamie Baxter Publisher: UBC Press ISBN: 0774863455 Category : Law Languages : en Pages : 226
Book Description
Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability – restrictions on the ability to buy and sell land – is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.
Author: Ugo Mattei Publisher: Edward Elgar Publishing ISBN: 1786435187 Category : Law Languages : en Pages : 262
Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: David Estlund Publisher: Oxford University Press, USA ISBN: 0195376692 Category : Philosophy Languages : en Pages : 457
Book Description
This volume includes 22 new pieces by leading political philosophers, on traditional issues (such as authority and equality) and emerging issues (such as race, and money in politics). The pieces are clear and accessible will interest both students and scholars working in philosophy, political science, law, economics, and more.
Author: Richard A. Epstein Publisher: Oxford University Press ISBN: 0195304608 Category : Business & Economics Languages : en Pages : 207
Book Description
Discusses property rights according the the United States Constitution, and describes the history of the law, and covers real estate, water rights, intellectual properties, and more, and includes details from the "Kelo v. New London" trial from 2005.
Author: J. Harvie Wilkinson Publisher: OUP USA ISBN: 0199846014 Category : Law Languages : en Pages : 174
Book Description
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author: Yoram Barzel Publisher: Cambridge University Press ISBN: 9780521597135 Category : Business & Economics Languages : en Pages : 180
Book Description
This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.
Author: James Tully Publisher: Cambridge University Press ISBN: 9780521271400 Category : Business & Economics Languages : en Pages : 216
Book Description
John Locke's theory of property is perhaps the most distinctive and the most influential aspect of his political theory. In this book James Tully uses an hermeneutical and analytical approach to offer a revolutionary revision of early modern theories of property, focusing particularly on that of Locke. Setting his analysis within the intellectual context of the seventeenth century, Professor Tully overturns the standard interpretations of Locke's theory, showing that it is not a justification of private property. Instead he shows it to be a theory of individual use rights within a framework of inclusive claim rights. He links Locke's conception of rights not merely to his ethical theory, but to the central arguments of his epistemology, and illuminates the way in which Locke's theory is tied to his metaphysical views of God and man, his theory of revolution and his account of a legitimate polity.
Author: Caterina Sganga Publisher: Edward Elgar Publishing ISBN: 178643041X Category : Law Languages : en Pages : 296
Book Description
With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.
Author: Annette B. Weiner Publisher: Univ of California Press ISBN: 9780520911802 Category : Social Science Languages : en Pages : 268
Book Description
Inalienable Possessions tests anthropology's traditional assumptions about kinship, economics, power, and gender in an exciting challenge to accepted theories of reciprocity and marriage exchange. Focusing on Oceania societies from Polynesia to Papua New Guinea and including Australian Aborigine groups, Annette Weiner investigates the category of possessions that must not be given or, if they are circulated, must return finally to the giver. Reciprocity, she says, is only the superficial aspect of exchange, which overlays much more politically powerful strategies of "keeping-while-giving." The idea of keeping-while-giving places women at the heart of the political process, however much that process may vary in different societies, for women possess a wealth of their own that gives them power. Power is intimately involved in cultural reproduction, and Weiner describes the location of power in each society, showing how the degree of control over the production and distribution of cloth wealth coincides with women's rank and the development of hierarchy in the community. Other inalienable possessions, whether material objects, landed property, ancestral myths, or sacred knowledge, bestow social identity and rank as well. Calling attention to their presence in Western history, Weiner points out that her formulations are not limited to Oceania. The paradox of keeping-while-giving is a concept certain to influence future developments in ethnography and the theoretical study of gender and exchange.
Author: Jamie Baxter
Author: Jamie Baxter
Author: Ugo Mattei
Author: David Estlund
Author: Richard A. Epstein
Author: Michael Albertus
Author: J. Harvie Wilkinson
Author: Yoram Barzel
Author: James Tully
Author: Caterina Sganga
Author: Annette B. Weiner