Download or read book Property Outlaws written by Eduardo M. Penalver and published by Yale University Press. This book was released on 2010-02-16 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.
Download or read book Perspectives on Property Law written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2023-02-01 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team
Download or read book Property in the Margins written by A J van der Walt and published by Bloomsbury Publishing. This book was released on 2009-05-29 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Download or read book Property Outlaws written by Eduardo M. Peñalver and published by . This book was released on 2010 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of ?property outlaws”?the trespasser, squatter, pirate, or file-sharer?to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of ?property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.
Download or read book Property and Community written by Gregory S. Alexander and published by Oxford University Press. This book was released on 2010-01-21 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Peñalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.
Download or read book Law Property and Disasters written by Daniel Fitzpatrick and published by Taylor & Francis. This book was released on 2021-05-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a re-assessment of property law for a future of environmental disruption. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies and natural disasters.
Download or read book Chinese Small Property written by Shitong Qiao and published by Cambridge University Press. This book was released on 2017-10-19 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
Download or read book In laws Outlaws and Granny Flats written by Michael Litchfield and published by Taunton Press. This book was released on 2011 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how to turn the extra space in one's home into a separate living quarters in order to house a relative or to rent out to a boarder to earn extra money.
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Download or read book Fault Lines of Globalization written by Hans Lindahl and published by Oxford University Press. This book was released on 2013-09-26 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this important omission, providing an original contribution to the debate about law in a global setting. Against the widely endorsed assumption that we are now moving towards law without boundaries, it argues that every imaginable legal order, global or otherwise, is bounded in space, time, membership, and content. The book is built up around three main insights. Firstly, that legal orders can best be understood as a form of joint action in which authorities mediate and uphold who ought to do what, where, and when with a view to realising the normative point of acting together. Secondly, that behaviour can call into question the boundaries that determine who ought to do what, where and when: a-legality. Thirdly, that this a-legality reveals boundaries as marking a limit and, to a lesser or greater extent, a fault line of the respective legal order. Legal boundaries reveal ways of ordering the who, what, where, and when of behaviour which have been excluded, yet which remain within the range of practical possibilities accessible to the collective: limits. However legal boundaries also intimate an order which exceeds the range of possibilities accessible to that collective - the fault line of the respective legal order. Careful analysis of a wide range of legal orders, including nomadism, Roman law, classical international law, ius gentium, multinationals, cyberlaw, lex mercatoria, the EU, global regimes of human rights, and space law validates this thesis. What sense, then, can we make of the normativity of the law, if there can be no inclusion without exclusion? Arguing that legal and political theories misunderstand how legal boundaries do their work of including and excluding, the book develops a normative theory of legal order which is alternative to both communitarianism and cosmopolitanism.
Download or read book Securitization of Property Squatting in Europe written by Mary Manjikian and published by Routledge. This book was released on 2013-05-29 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Housing is no longer about having a place to live – but about state pressures to conform, norms and policies regarding citizenship, and practices of surveillance and security. Breaking new ground in the field of urban politics and international relations, Securitization of Property Squatting in Europe examines and critiques legislative initiatives and examines governmental attempts to reframe urban property squatting as a crime and a threat to domestic security. Using examples from France, Netherlands, Denmark, and Great Britain, Mary Manjikian argues that developments within the European Union – including terrorist attacks in London and Madrid, the rise of right wing extremist parties, and the lifting of barriers to immigration and travel within the EU – have had effects on housing policy, which has become the subject of state security policy in Europe’s urban areas. In Denmark, squatting has often had an ideological, anti-state character. In Paris, housing policy can be viewed as a type of identity politics with squatters as transnational actors who pose a transnational security threat. In Great Britain, the role of the press has created a drive to criminalize squatting. Events in the Netherlands present two competing notions of what housing is – a human right, or an economic good produced by the free market.
Download or read book The Death and Life of the Urban Commonwealth written by Margaret Kohn and published by Oxford University Press. This book was released on 2016-09-21 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The city is a paradoxical space, in theory belonging to everyone, in practice inaccessible to people who cannot afford the high price of urban real estate. Within these urban spaces are public and social goods including roads, policing, transit, public education, and culture, all of which have been created through multiple hands and generations, but that are effectively only for the use of those able to acquire private property. Why should this be the case? As Margaret Kohn argues, when people lose access to the urban commons, they are dispossessed of something to which they have a rightful claim - the right to the city. Political theory has much to say about individual rights, equality, and redistribution, but it has largely ignored the city. In response, Kohn turns to a mostly forgotten political theory called solidarism to interpret the city as a form of common-wealth. In this view, the city is a concentration of value created by past generations and current residents: streets, squares, community centers, schools and local churches. Although the legal title to these mixed spaces includes a patchwork of corporate, private, and public ownership, if we think of the spaces as the common-wealth of many actors, the creation of a new framework of value becomes possible. Through its novel mix of political and urban theory, The Death and Life of the Urban Commonwealth proposes a productive way to rethink struggles over gentrification, public housing, transit, and public space.
Download or read book An Introduction to Property Theory written by Gregory S. Alexander and published by Cambridge University Press. This book was released on 2012-04-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book House documents written by and published by . This book was released on 1882 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Outlaws of the Wild West 150 Westerns in One Edition written by Mark Twain and published by Good Press. This book was released on 2023-11-27 with total page 12830 pages. Available in PDF, EPUB and Kindle. Book excerpt: This carefully edited collection has been designed and formatted to the highest digital standards and adjusted for readability on all devices. Contents: Introduction Story of the Cowboy Story of the Outlaw Novels & Stories Riders of the Purple Sage Saga (Zane Grey) Ohio River Trilogy Dan Barry Series (Max Brand) The Virginian (Owen Wister) Lin McLean Leatherstocking Series (James F. Cooper) Flying U Series (B. M. Bower) Cabin Fever Rimrock Trail (J. Allan Dunn) Breckinridge Elkins Series (Robert E. Howard) In a Hollow of the Hills (Bret Harte) Roughing It (Mark Twain) Outcasts of Poker Flat Call of the Wild (Jack London) Heart of the West (O. Henry) White Fang Wolf Hunters (James Oliver Curwood) Gold Hunters Last of the Plainsmen Border Legion Smoke Bellew Country Beyond Lone Star Ranger Ronicky Doone Trilogy Riders of the Silences Three Partners Man of the Forest Lure of the Dim Trails Tennessee's Partner Covered Wagon (Emerson Hough) Luck of Roaring Camp Rustlers of Pecos County Pike Bearfield Series O Pioneers! (Willa Cather) My Ántonia Log of a Cowboy (Andy Adams) Two-Gun Man (Charles Alden Seltzer) Short Cut (Jackson Gregory) Astoria (Washington Irving) Ungava (R.M. Ballantyne) Valley of Silent Men Black Jack Whispering Smith (Frank H. Spearman) A Texas Cow Boy (Charles Siringo) Trail Horde Golden Dream (Ballantyne) Blue Hotel (Stephen Crane) Long Shadow Girl from Montana (Grace Livingston Hill) Hidden Children (Robert W. Chambers) Where the Trail Divides Desert Trail (Dane Coolidge) Bride Comes to Yellow Sky Hidden Water...
Download or read book Governing Access to Essential Resources written by Katharina Pistor and published by Columbia University Press. This book was released on 2015-12-08 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity to others, many are searching for ways to ensure their fair distribution. This book argues that the division of essential resources ought to be governed by a combination of Voice and Reflexivity. Voice is the ability of social groups to choose the rules by which they are governed. Reflexivity is the opportunity to question one's own preferences in light of competing claims and to accommodate them in a collective learning process. Having investigated the allocation of essential resources in places as varied as Cambodia, China, India, Kenya, Laos, Morocco, Nepal, the arid American West, and peri-urban areas in West Africa, the contributors to this volume largely concur with the viability of this policy and normative framework. Drawing on their expertise in law, environmental studies, anthropology, history, political science, and economics, they weigh the potential of Voice and Reflexivity against such alternatives as pricing mechanisms, property rights, common resource management, political might, or brute force.
