Property and Dispossession

Author: Allan Greer
Publisher: Cambridge University Press
ISBN: 1107160642
Format: PDF
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Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.

The Land and Property Rights of Women and Orphans in the Context of HIV and AIDS

Author: Kaori Izumi
Publisher: HSRC Press
ISBN: 9780796921352
Format: PDF, ePub, Mobi
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In Zimbabwe, as in many other parts of Africa, agriculture is the principal source of livelihood for widows and orphans. Within this reality, a groundbreaking study was commissioned to investigate the land and property rights of women and orphans in Zimbabwe in the context of HIV/AIDS. It also examines the coping strategies, in terms of land-related livelihoods, adopted by widows and other vulnerable women affected by the pandemic.

The Constitutional Protection and Regulation of Property and Its Influence on the Reform of Private Law and Landownership in South Africa and Germany

Author: Hanri Mostert
Publisher: Springer Science & Business Media
ISBN: 9783540430063
Format: PDF, Kindle
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The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.

La Frontera

Author: Thomas Miller Klubock
Publisher: Duke University Press
ISBN: 0822376563
Format: PDF, ePub, Docs
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In La Frontera, Thomas Miller Klubock offers a pioneering social and environmental history of southern Chile, exploring the origins of today’s forestry "miracle" in Chile. Although Chile's forestry boom is often attributed to the free-market policies of the Pinochet dictatorship, La Frontera shows that forestry development began in the early twentieth century when Chilean governments turned to forestry science and plantations of the North American Monterey pine to establish their governance of the frontier's natural and social worlds. Klubock demonstrates that modern conservationist policies and scientific forestry drove the enclosure of frontier commons occupied by indigenous and non-indigenous peasants who were defined as a threat to both native forests and tree plantations. La Frontera narrates the century-long struggles among peasants, Mapuche indigenous communities, large landowners, and the state over access to forest commons in the frontier territory. It traces the shifting social meanings of environmentalism by showing how, during the 1990s, rural laborers and Mapuches, once vilified by conservationists and foresters, drew on the language of modern environmentalism to critique the social dislocations produced by Chile's much vaunted neoliberal economic model, linking a more just social order to the biodiversity of native forests.

Property and Social Resilience in Times of Conflict

Author: Dr Andrew McWilliam
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404076
Format: PDF, ePub, Mobi
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Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.

Contested Property Claims

Author: Maja Hojer Bruun
Publisher: Routledge
ISBN: 1351362097
Format: PDF, ePub, Mobi
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Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.

Properties of Violence

Author: David Correia
Publisher: University of Georgia Press
ISBN:
Format: PDF
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Through the compelling story of the Tierra Amarilla conflict, David Correia examines how law and property, in general, and a Mexican-period land grant in northern New Mexico, in particular, have been constituted through violence and social struggle. Spain and Mexico populated what is today New Mexico through large common property land grants to sheepherders and agriculturalists. After the U.S.-Mexican War the area saw rampant land speculation and dubious property adjudication with nearly all the grants being rejected by U.S. courts or acquired by land speculators. Of all the land grant conflicts in New Mexico's history, Tierra Amarilla is one of the most sensational, with numerous nineteenth-century speculators ranking among the state's political and economic elite and a remarkable pattern of resistance to land loss by heirs in the twentieth century. Correia narrates a long and largely unknown history of property conflict in Tierra Amarilla characterized by nearly constant violence-night riding and fence cutting, pitched gun battles, and tanks rumbling along the rutted dirt roads of northern New Mexico. The legal geography he constructs is one that includes a remarkable cast of characters: millionaire sheep barons, Spanish anarchists, hooded Klansmen, Puerto Rican freedom fighters-or as J. Edgar Hoover, another of the characters in Correia's story would have called them, "terrorists." By placing property and law at the center of his study, "Properties of Violence" first reveals and then examines a central irony: violence is not the opposite of law but rather is essential to its operation.

The Making of Australian Property Law

Author: A. R. Buck
Publisher: Federation Press
ISBN: 9781862876347
Format: PDF, ePub
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In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a “nostalgic” view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been “washed away” by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia.