Property And Sovereignty

Author : James Charles Smith
Publisher : Routledge
Page : 336 pages
File Size : 41,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317074687

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Property and Sovereignty by James Charles Smith Pdf

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Author : Professor James Charles Smith
Publisher : Ashgate Publishing, Ltd.
Page : 336 pages
File Size : 55,6 Mb
Release : 2014-01-28
Category : Law
ISBN : 9781409484707

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Property and Sovereignty by Professor James Charles Smith Pdf

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Author : Jedediah Purdy
Publisher : Yale University Press
Page : 240 pages
File Size : 40,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9780300156164

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The Meaning of Property by Jedediah Purdy Pdf

From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.

Author : Andrew Fitzmaurice
Publisher : Cambridge University Press
Page : 401 pages
File Size : 43,6 Mb
Release : 2014-10-23
Category : History
ISBN : 9781107076495

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Sovereignty, Property and Empire, 1500-2000 by Andrew Fitzmaurice Pdf

Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.

Author : Daniel W. Hamilton
Publisher : ReadHowYouWant.com
Page : 426 pages
File Size : 41,5 Mb
Release : 2010-10-21
Category : Law
ISBN : 9781459606241

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The Limits of Sovereignty by Daniel W. Hamilton Pdf

Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...

Author : Morris Raphael Cohen
Publisher : Unknown
Page : 23 pages
File Size : 48,8 Mb
Release : 1927
Category : Property
ISBN : OCLC:319965745

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Property and Sovereignty by Morris Raphael Cohen Pdf

Author : Robin Douglass,Johan Olsthoorn
Publisher : Cambridge University Press
Page : 265 pages
File Size : 51,9 Mb
Release : 2019-12-05
Category : Philosophy
ISBN : 9781108421980

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Hobbes's On the Citizen by Robin Douglass,Johan Olsthoorn Pdf

The first book-length study in English of Thomas Hobbes's On the Citizen, containing twelve original essays by leading Hobbes scholars.

Author : Charles Reinold Noyes
Publisher : Unknown
Page : 29 pages
File Size : 51,8 Mb
Release : 1945*
Category : Property
ISBN : OCLC:33053558

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Property and Sovereignty by Charles Reinold Noyes Pdf

Author : Bain Attwood
Publisher : Cambridge University Press
Page : 457 pages
File Size : 41,6 Mb
Release : 2020-07-16
Category : History
ISBN : 9781108478298

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Empire and the Making of Native Title by Bain Attwood Pdf

This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

Author : Tahu Kukutai,John Taylor
Publisher : ANU Press
Page : 344 pages
File Size : 47,5 Mb
Release : 2016-11-14
Category : Social Science
ISBN : 9781760460310

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Indigenous Data Sovereignty by Tahu Kukutai,John Taylor Pdf

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

Author : Stanley Engerman,Jacob Metzer
Publisher : Routledge
Page : 416 pages
File Size : 51,8 Mb
Release : 2004-08-02
Category : Business & Economics
ISBN : 9781134357468

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Land Rights, Ethno-nationality and Sovereignty in History by Stanley Engerman,Jacob Metzer Pdf

The complex relationships between ethno-nationality, rights to land, and territorial sovereignty have long fed disputes over territorial control and landed rights between different nations, ethnicities, and religions. These disputes raise a number of interesting issues related to the nature of land regimes and to their economic and political implications. The studies drawn together in this key volume explore these and related issues for a broad variety of countries and times. They illuminate the diverse causes of ethno-national land disputes, and the different forms of adjustment and accommodation to the power differences between the contesting groups. This is done within a framework outlined by the editors in their analytical overview, which offers contours for comparative examinations of such disputes, past and present. Providing conceptual and factual analyses of comparative nature and wealth of empirical material (both historical and contemporary), this book will appeal to economic historians, economists, political scientists, sociologists, anthropologists and all scholars interested in issues concerning ethno-nationality and land rights in historical perspective.

Author : J. Kehaulani Kauanui
Publisher : Duke University Press
Page : 296 pages
File Size : 52,5 Mb
Release : 2018-09-28
Category : History
ISBN : 9780822371960

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Paradoxes of Hawaiian Sovereignty by J. Kehaulani Kauanui Pdf

In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.

Author : Aileen Moreton-Robinson
Publisher : U of Minnesota Press
Page : 358 pages
File Size : 45,6 Mb
Release : 2015-05-15
Category : Social Science
ISBN : 9781452944593

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The White Possessive by Aileen Moreton-Robinson Pdf

The White Possessive explores the links between race, sovereignty, and possession through themes of property: owning property, being property, and becoming propertyless. Focusing on the Australian Aboriginal context, Aileen Moreton-Robinson questions current race theory in the first world and its preoccupation with foregrounding slavery and migration. The nation, she argues, is socially and culturally constructed as a white possession. Moreton-Robinson reveals how the core values of Australian national identity continue to have their roots in Britishness and colonization, built on the disavowal of Indigenous sovereignty. Whiteness studies literature is central to Moreton-Robinson’s reasoning, and she shows how blackness works as a white epistemological tool that bolsters the social production of whiteness—displacing Indigenous sovereignties and rendering them invisible in a civil rights discourse, thereby sidestepping thorny issues of settler colonialism. Throughout this critical examination Moreton-Robinson proposes a bold new agenda for critical Indigenous studies, one that involves deeper analysis of how the prerogatives of white possession function within the role of disciplines.

Author : Anna Stilz
Publisher : Oxford University Press, USA
Page : 303 pages
File Size : 50,7 Mb
Release : 2019-08-29
Category : Philosophy
ISBN : 9780198833536

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Territorial Sovereignty by Anna Stilz Pdf

Territorial Sovereignty: A Philosophical Exploration offers a qualified defense of a territorial states-system. It argues that three core values-occupancy, basic justice, and collective self-determination-are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all the sovereignty rights states currently claim, and that are recognized in international law. Instead, the book proposes important changes to states' sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people's preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and also facilitates its people's collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought. Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series will contain works of outstanding quality with no restriction as to approach or subject matter. Series Editors: Will Kymlicka and David Miller.

Author : John Locke
Publisher : Unknown
Page : 430 pages
File Size : 50,8 Mb
Release : 1821
Category : Liberty
ISBN : OXFORD:590611329

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Two Treatises on Government by John Locke Pdf