Deeds Titles And Changing Concepts Of Land Rights

This book explores the history of public land tenure records, which first began in colonial Massachusetts as English settlers and Native Americans tried to resolve differing ideas about rights to land in the seventeenth century. In South Australia, a similar method of state certification of land ownership arose in the nineteenth century, through Torrens system title registration – a process that would be widely adopted in British and American colonies as a particularly effective way of guaranteeing absolute ('fee simple') ownership over indigenous peoples’ land. This book explores the similarities between these two record systems, highlighting how similar settlement patterns and religious beliefs in both places focused attention on recording land tenure, and illustrating how these record systems encouraged new ways of thinking about rights to and on land.

This Palgrave Pivot presents the first in-depth study of the pioneering Kansas Blue Sky Act of 1911, the first effort in American financial history to regulate the sale of securities in the US. Though offering a balanced examination of critiques of the legislation as a barrier to individual liberty, interstate commerce, and economic growth, the author challenges the prevailing view of the Kansas Act as a complete anomaly, instead exploring sensitively what ‘blue sky laws’ can tell us about small-town market values during the nineteenth-century. Drawing on contemporary accounts of rural commerce and popular stereotypes about rural society, the author takes a cultural-historical approach to the politics of regulation and government intervention in the economy. Situating the Blue Sky Act in the broader context of Progressive Era reforms, the author demonstrates how distinctive patterns of commerce and finance in the self-contained, miniature economies of mid-continental rural communities were often at odds with the “caveat emptor” (buyer beware) standard of American law and commerce in larger markets. Instead the author explores how paternalistic assumptions about individual investment decisions led to the creation of the Act, yet how it was doomed to failure in the context of emerging national stock markets, changing attitudes that regarded stock primarily as a vehicle for trade and the market boom of the 1920s. The book also explores how the initial acceptance of the Kansas model in other states and its later rejection provides a lens through which to examine the fluidity of notions of individual liberty during this period of fast economic and social change. This book will be of interest to researchers working in American financial history, as well as legal history and securities law.

The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.

The author was the first to forecast (in 1997) the events that ruptured the global economy in 2008 by applying an analysis that exposes the fault lines in the structure of the market economy. Now, he extends his analysis to the future of the West, to evaluate fears from distinguished commentators who claim that European civilisation is in danger of being eclipsed. He concludes that the West is at a dangerous tipping point and provides empirical and theoretical evidence to warrant such an alarming conclusion. But he also explains why it is not too late to prevent the looming social catastrophe. Attributing the present crisis to a social process of cheating, he develops a synthesis of the social and natural sciences to show how the market system can be reformed. He introduces the concept of organic finance, which prescribes reforms capable of delivering both sustainable growth, with a more equitable distribution of wealth, and respect for other life forms. To explain the persistent failure to resolve protracted social and environmental crises, the author introduces a theory of social trauma. Populations have been destabilised by the coercive loss of land to the point where they have lost their traditional reference points. No longer able to live by the laws of nature, they are forced to conform to laws that consolidate the privileges of those who had cheated them of their birthright: access to nature’s resources. Many pathological consequences flow from this tearing of people from their social and ecological habitats. To recover from this state of trauma, the author argues, people need to use the new tools of communication, such as social media, to regain control over their future destiny through a kind of collective psychosocial therapy. The author challenges the view that the West can climb out of depression by applying the financial measures known as “austerity”. He outlines a new strategy that would restore full employment and reverse the decline in midd

To either achieve or resist domination, some postcolonial and post slavery societies appropriate and contest the current memories on slavery. This occurs more often where the sites of slavery are tourist attractions that positively empower the communities through economic benefits, resulting in an emergence of ‘new’ memories of the past and a constant construction and reconstruction of identity. In The Legacy of Slavery in Coastal Kenya: Memory, Identity, and Heritage, Herman Ogoti Kiriama examines how two communities in coastal Kenya, one whose identity is contested by the community members and another one who are seeking recognition, have tried to remember their past and the role that tourism has played in the process of remembering and or forgetting. Kiriama argues that heritage, memory, and identity are fluid and individuals can claim several identities depending on their socio-politico-economic contexts.

A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.

Possession and Ownership brings together linguists and anthropologists in a series of cross-linguistic explorations of expressions used to denote possession and ownership, concepts central to most if not all the varied cultures and ideologies of humankind. Possessive noun phrases can be broadly divided into three categories - ownership of property, whole-part relations (such as body and plant parts), and blood and affinal kinship relations. As Professor Aikhenvald shows in her extensive opening essay, the same possessive noun or pronoun phrase is used in English and in many other Indo-European languages to express possession of all three kinds - as in 'Ann and her husband Henry live in the castle Henry's father built with his own hands' - but that this is by no means the case in all languages. In some, for example, the grammar expresses the inalienability of consanguineal kinship and sometimes also of treasured or sacred objects. Furthermore the degree to which possession and ownership are conceived as the same (when possession is 100% of the law) differs from one society to another, and this may be reflected in their linguistic expression. Like others in the series this pioneering book will be welcomed equally by linguists and anthropologists.