Download or read book Public Property Law and Society written by John Page and published by Routledge. This book was released on 2020-12-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may ‘own’, where we may ‘belong’, or not, and how we may ‘connect’ through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.
Download or read book The Routledge Handbook of Law and Society written by Mariana Valverde and published by Routledge. This book was released on 2021-03-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative handbook provides a comprehensive, and truly global, overview of the main approaches and themes within law and society scholarship or social-legal studies. A one-volume introduction to academic resources and ideas that are relevant for today’s debates on issues from reproductive justice to climate justice, food security, water conflicts, artificial intelligence, and global financial transactions, this handbook is divided into two sections. The first, ‘Perspectives and Approaches’, accessibly explains a variety of frameworks through which the relationship between law and society is addressed and understood, with emphasis on contemporary perspectives that are relatively new to many socio-legal scholars. Following the book’s overall interest in social justice, the entries in this section of the book show how conceptual tools originate in, and help to illuminate, real-world issues. The second and largest section of the book (42 short well-written pieces) presents reflections on topics or areas concerning law, justice, and society that are inherently interdisciplinary and that are relevance to current – but also classical – struggles around justice. Informing readers about the lineage of ideas that are used or could be used today for research and activism, the book attends to the full range of local, national and transnational issues in law and society. The authors were carefully chosen to achieve a diverse and non-Eurocentric view of socio-legal studies. This volume will be invaluable for law students, those in inter-disciplinary programs such as law and society, justice studies and legal studies, and those with interests in law, but based in other social sciences. It will also appeal to general readers interested in questions of justice and rights, including activists and advocates around the world.
Download or read book Land Use and Society Revised Edition written by Rutherford H. Platt and published by . This book was released on 2004-06-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use and Society is a unique and compelling exploration of interactions among law, geography, history, and culture and their joint influence on the evolution of land use and urban form in the United States. Originally published in 1996, this completely revised, expanded, and updated edition retains the strengths of the earlier version while introducing a host of new topics and insights on the twenty-first century metropolis. This new edition of Land Use and Society devotes greater attention to urban land use and related social issues with two new chapters tracing American city and metropolitan change over the twentieth century. More emphasis is given to social justice and the environmental movement and their respective roles in shaping land use and policy in recent decades. This edition of Land Use and Society by Rutherford H. Platt is updated to reflect the 2000 Census, the most recent Supreme Court decisions, and various topics of current interest such as affordable housing, protecting urban water supplies, urban biodiversity, and "ecological cities." It also includes an updated conclusion that summarizes some positive and negative outcomes of urban land policies to date.
Download or read book Public Property Law and Society written by John Page and published by . This book was released on 2020 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the almost entirely neglected realm of public property, identifying and describing a number of key organizing principles around which a nascent jurisprudence of public property may be developed. In property law terms, the public realm is lost to plain view. Despite the vast acreage of public lands, or the extensive tracts of private lands over which public rights subsist, there is little commensurate scholarly discussion of the ideas, theories, practices, and laws of public property. This is no accident. Public property has been marginalized and pushed to the periphery for centuries, a consequence of the dominant discourse of private property, and its enclosing, encroaching tendencies. This book explores the rich diversity of the public estate, of what the public realm means for us, the general public, canvassing what we may 'own', where we may 'belong', or not, and how we may 'connect' through a shared use and enjoyment of public place and space. To better understand public property is to better value its critical public-wealth. Whether overlooked, over-used, or under threat of imminent loss, this book maintains that our loved (and not so loved) public spaces are essential components of our diverse, functioning, and optimistically livable human geographies. As such, they demand legal protection. This important and original book will be of considerable interest to scholars and others with interests in property and land law, socio-legal studies, legal geography and urban studies.
Download or read book The Routledge Handbook of Property Law and Society written by Nicole Graham and published by Taylor & Francis. This book was released on 2022-11-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together diverse perspectives, major topics, and multiple approaches to one of the biggest legal institutions in society: property. Property touches on many fundamental human questions. It involves decisions about power, economy, morality, work, and ecology. It also involves ideas about where humans fit in the world and how humans relate to more-than-human life. This book will ask in myriad ways such questions as: what property means, what kinds of property there are, what is and should be the relationship between owned and owner, and what is the impact of different forms of property on life in this world? Drawing on a range of socio-legal and empirical methodologies, renowned scholars and rising stars in property from around the world present current issues and map future directions in research. Coming from the place of law but reaching out through cognate disciplines, this handbook provides a comprehensive and accessible survey of current research at the interface of property, society, and the environment. This handbook will appeal to students and researchers across a range of disciplines, including law, sociology, geography, history, and economics.
Download or read book Who Owns America written by Harvey M. Jacobs and published by Univ of Wisconsin Press. This book was released on 1998-10-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land ownership by individual citizens is a cornerstone of American heritage and a centerpiece of the American dream. Thomas Jefferson called it the key to our success as a democracy. Yet the question of who owns America not only remains unanswered but is central to a fundamental conflict that can pit private property rights advocates against government policymakers and environmentalists. Land use authority Harvey M. Jacobs has gathered a provocative collection of perspectives from eighteen contributors in the fields of law, history, anthropology, economics, sociology, forestry, and environmental studies. Who Owns America? begins with the popular view of land ownership as seen though the television show Bonanza! It examines public regulation of private land; public land management; the roles culture and ethnic values play in land use; and concludes with Jacobs’ title essay. Who Owns America? is a powerful and illuminating exploration of the very terrain that makes us Americans. Its broad set of theoretical and historical perspectives will fascinate historians, environmental activists, policy makers, and all who care deeply about the land we share.
Download or read book Property Law in the Society of Equals written by Christopher Essert and published by Oxford University Press. This book was released on 2024 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
Download or read book The People s Welfare written by William J. Novak and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.
Download or read book Hernando de Soto and Property in a Market Economy written by D. Benjamin Barros and published by Routledge. This book was released on 2016-04-22 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hernando de Soto is one of the world's leading public intellectuals. His books The Mystery of Capital and The Other Path have had a tremendous impact on debates about international development, but his work also has been controversial. One of de Soto's core ideas is that the institution of private property is necessary for the proper functioning of a market economy, yet even though many property scholars closely follow de Soto's work, his ideas have been neglected in property law scholarship and mature market economies like the United States. This new collection seeks to remedy this neglect, bringing together a diverse group of scholars to apply de Soto's work to a wide range of contemporary issues in property law and theory. The important contribution it makes to debates and controversies in property law, as well as in related economic fields, will appeal to scholars of both law and economics.
Download or read book Property and Human Flourishing written by Gregory S. Alexander and published by Oxford University Press. This book was released on 2018 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
Download or read book Environmental Law Policy written by Zygmunt J. B. Plater and published by . This book was released on 1994 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Public Nature of Private Property written by Michael Diamond and published by Routledge. This book was released on 2016-02-24 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
Download or read book Public Land in the Roman Republic written by Saskia T. Roselaar and published by OUP Oxford. This book was released on 2010-07-22 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first volume in this new series on Roman society and law, Saskia T. Roselaar traces the social and economic history of the ager publicus, or public land. As the Romans conquered Italy during the fourth to first centuries BC, they usually took land away from their defeated enemies and declared this to be the property of the Roman state. This land could be distributed to Roman citizens, but it could also remain in the hands of the state, in which case it was available for general public use. However, in the third and second centuries BC growth in the population of Italy led to an increased demand for land among both commercial producers and small farmers. This in turn led to the gradual privatization of the state-owned land, as those who held it wanted to safeguard their rights to it. Roselaar traces the currents in Roman economy and demography which led to these developments.
Download or read book Property and Society written by Andrew Alexander Bruce and published by . This book was released on 1916 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Philosophy of Law A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Public Interest Private Property written by Anneke Smit and published by UBC Press. This book was released on 2015-12-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Download or read book The Construction of Property written by Amnon Lehavi and published by Cambridge University Press. This book was released on 2013-06-20 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.
