Property In The Margins

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.

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 ins.

Developments in Geotectonics, 15: Crustal Properties across Passive Margins covers the papers presented at the symposium ""Crustal Properties across Passive Margins"", held at Dalhousie University in Halifax, Nova Scotia on June 19-23, 1978. The book focuses on theoretical modelling of the rheological properties in the upper mantle beneath oceans and continents and stratigraphic studies of the sedimentary basins. The selection first offers information on seismic refraction study of the continental edge off the Eastern United States and gravity field of the U.S. Atlantic continental margin. Topics include crustal sections, inner and outer quiet zones, alternative models and complications, gravity models, free-air anomaly map, and the ocean-continent transition zone. The text then takes a look at the geologic history of the passive margin off New England and the Canadian Maritime Provinces and geophysical observations bearing upon the origin of the Newfoundland Ridge. The manuscript elaborates on the age and origin of the deepest correlative structures recognized off Canada and Europe and geophysical transects of the Labrador Sea. Discussions focus on magnetics and gravity, stratigraphic control, consequences regarding subduction or rifting, and deep structures of the Grand Banks of Newfoundland. The selection is a dependable reference for readers interested in crustal properties across passive margins.

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.

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.

This book moves beyond seeing the commons in the past tense, an entity passed over from the public into the private, to reimagine the commons as a process, a contest of force, a reconstitution, and a site of convening practices. It highlights new spaces of gathering opening up, such as the digital commons, and new practices of being in common, such as community economies and solidarity networks. The commons is seen as a contested domain of the collective and as a changing way of being in common, with the balance poised in the tensile play between political economy and social innovation. The book focuses on the possibility of recovering a future in which more can be held by the many, focusing on three concepts: nation and nature as a commons, publics and rights, and bodies, concerning the management of lives and livelihoods. Across these three passage points, the book finds evidence of a commons under attack but also defended in fragile though promising ways. With contributions from leading scholars, this thought provoking book will be of great interest to students and scholars in geography, environmental studies, politics, anthropology, and cultural studies.

What is the relationship between trafficking and free trade? Is trafficking the perfection or the perversion of free trade? Trafficking occurs thousands of times each day at borders throughout the world, yet we have come to perceive it as something quite extraordinary. How did this happen, and what role does trafficking play in capitalism? To answer these questions, Johan Mathew traces the hidden networks that operated across the Arabian Sea in the nineteenth and early twentieth centuries. Following the entangled history of trafficking and capitalism, he explores how the Arabian Sea reveals the gaps that haunt political borders and undermine economic models. Ultimately, he shows how capitalism was forged at the margins of the free market, where governments intervened, and traffickers turned a profit.

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.