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Despotic Dominion by John McLaren,A. R. Buck,Nancy E. Wright Pdf
"This book brings together a variety of perspectives to provide a comprehensive analysis of the important issue of property rights, which continues to animate the body politic of Australia and Canada in particular. As such, it will be of interest to students and scholars of colonial history, property theory, indigenous studies, and law, as well as to judges, lawyers, and the inquisitive general reader."--BOOK JACKET.
Christianity and Private Law by Robert F. Cochran, Jr,Michael P. Moreland Pdf
This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
State of Nature or Eden? Thomas Hobbes and his Contemporaries on the Natural Condition of Human Beings aims to explain how Hobbes's state of nature was understood by a contemporary readership, whose most important reference point for such a condition was the original condition of human beings at the creation, in other words in Eden. The book uses ideas about how readers brought their own reading of other texts to any reading, that reading is affected by the context in which the reader reads, and that the Bible was the model for all reading in the early modern period. It combines these ideas with the primary evidence of the contemporary critical reaction to Hobbes, to reconstruct how Hobbes's state of nature was read by his contemporaries. The book argues that what determined how Hobbes's seventeenth century readers responded to his description of the state of nature were their views on the effects of the Fall. Hobbes's contemporary critics, the majority of whom were Aristotelians and Arminians, thought that the Fall had corrupted human nature, although not to the extent implied by Hobbes's description. Further, they wanted to look at human beings as they should have been, or ought to be. Hobbes, on the other hand, wanted to look at human beings as they were, and in doing so was closer to Augustinian, Lutheran and Reformed interpretations, which argued that nature had been inverted by the Fall. For those of Hobbes's contemporaries who shared these theological assumptions, there were important parallels to be seen between Hobbes's account and that of scripture, although on some points his description could have been seen as a subversion of scripture. The book also demonstrates that Hobbes was working within the Protestant tradition, as well as showing how he used different aspects of this tradition. Helen Thornton is an Independent Scholar. She completed her PhD at the University of Hull.
Property, Power and Politics by Robé, Jean-Philippe Pdf
Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.
Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
Modern Studies in Property Law - Volume 3 by Elizabeth Cooke Pdf
This book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.
David A. Strauss,Geoffrey R. Stone,Justin Driver,William Baude
Author : David A. Strauss,Geoffrey R. Stone,Justin Driver,William Baude Publisher : University of Chicago Press Page : 435 pages File Size : 46,5 Mb Release : 2022-08-19 Category : Law ISBN : 9780226825083
The Supreme Court Review, 2021 by David A. Strauss,Geoffrey R. Stone,Justin Driver,William Baude Pdf
The latest volume in the Supreme Court Review series. Since it first appeared in 1960, the Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, analyzing the origins, reforms, and modern interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
Vast areas of valuable resources unfettered by legal rights have, for centuries, been the central target of human exploitation and appropriation. The global commons -- Antarctica, the high seas and deep seabed minerals, the atmosphere, and space -- have remained exceptions only because access has been difficult or impossible, and the technology for successful extraction has been lacking. Now, technology has caught up with desire, and management regimes are needed to guide human use of these important resource domains.In The Global Commons, Susan Buck considers the history of human interactions with each of the global commons areas and provides a concise yet thorough account of the evolution of management regimes for each area. She explains historical underpinnings of international law, examines the stakeholders involved, and discusses current policy and problems associated with it.Buck applies key analytical concepts drawn from institutional analysis and regime theory to examine how legal and political concerns have affected the evolution of management regimes for the global commons. She presents in-depth case studies of each of the four regimes, outlining the historical evolution of the commons -- development of interest in exploiting the resource domain; conflicts among nations over the use of the commons; and efforts to design institutions to control access to the domains and to regulate their use -- and concluding with a description of the management regime that eventually emerged from the informal and formal negotiations.The Global Commons provides a clear, useful introduction to the subject that will be of interest to general readers as well as to students in international relations and international environmental law, and in environmental law and policy generally.
International Law of Underwater Cultural Heritage by Kim Browne,Murray Raff Pdf
This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.
Legal Foundations of Capitalism by John Rogers Commons Pdf
One of his most important American studies of labor economics published in the twentieth century, this book outlines an evolutionary and behavioral theory of value based on data drawn from court decisions. Analyzing the meaning of reasonable value as defined by the courts, he finds that the answer is based on a notion of reasonable conduct. Expanding this point to encompass the habits and customs of social life, he shows that court decisions are based on customs that are powerful forces shaping the economic system. In an early review Wesley Mitchell declared that Commons [1862-1945] carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately.": American Economic Review, XIV (1924) 253.
Private and Common Property by Richard A. Epstein Pdf
First published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is as broad as law itself. Lawyers must have recourse to the grand principles of economic and social thought, but tempered with an awareness of how the novel circumstances of an individual case can call into question some of the elements of the grandest of theories. In this volume, therefore, the emphasis is as much on the points that separate different forms of property as it is on the conceptual theme that links all forms of property rights together.
Aboriginal title, the land rights of native peoples in former colonies, is one of the most significant developments in common law in the late 20th century. This book, by a key author in this field, sets out the beginnings, judicial acceptance and influence of this doctrine across national jurisdictions and in international law.
Historical Dictionary of Hobbes's Philosophy by Juhana Lemetti Pdf
The Historical Dictionary of Hobbes's Philosophy offers a comprehensive guide to the many facets of Hobbes's work. Through its chronology, introductory essay, bibliography, and hundreds of cross-referenced dictionary entries on concepts, people, works, and technical terms, Hobbes's impact on philosophy and related fields is made accessible to the reader in this must-have reference. Intended as a reference to learn about particular aspects of Hobbes, it also serves as a quick guide to check information and find the relevant secondary literature on Hobbes. It is an excellent access point for students, researchers, and anyone wanting to know more about Thomas Hobbes.