Reappraisals In The Law Of Property

Author: John V. Orth
Publisher: Routledge
ISBN: 131707081X
Size: 73.80 MB
Format: PDF, ePub, Mobi
View: 5735
Download
Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.

Property Law In Namibia

Author: Prof Sam Amoo
Publisher: PULP
ISBN: 1920538224
Size: 54.42 MB
Format: PDF, Mobi
View: 5628
Download
Property Law in Namibia provides an autochthonous discussion of property law in Namibia. It does not only capture the constitutional, statutory and common law sources of property law in Namibia, but it also covers currently topical subjects such as property rights of women and land reform in Namibia. The publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials in government ministries. Property Law in Namibia contains chapters on traditional concepts of property law such as the scope and nature of the law of property, classifications of things, real rights and personal rights, ownership and possession. Chapter 9 is devoted entirely to remedies, which is a departure from the norm, but where relevant, appropriate remedies are indicated in the specific parts of the text. In order to give prominence to Namibian property jurisprudence topics on the genesis of the land tenure systems of Namibia, land reform, and property rights of women in Namibia have either been dealt with in separate chapters or been included as parts of other chapters. This publication is meant to be utilised by law academics, property law lecturers, legal practitioners and conveyancers, law students, students pursuing specialised land related programmes such as land use planning and officials

Women And The Law Of Property In Early America

Author: Marylynn Salmon
Publisher: UNC Press Books
ISBN: 1469620448
Size: 28.90 MB
Format: PDF, Mobi
View: 5103
Download
In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts, divorce, separate estates, and widows' provisions, Salmon presents a full picture of women's legal rights from 1750 to 1830. Salmon shows that the law assumes women would remain dependent and subservient after marriage. She documents the legal rights of women prior to the Revolution and traces a gradual but steady extension of the ability of wives to own and control property during the decades following the Revolution. The forces of change in colonial and early national law were various, but Salmon believes ideological considerations were just as important as economic ones. Women did not all fare equally under the law. In this illuminating survey of the jurisdictions of Connecticut, Massachusetts, New York, Pennsylvania, Maryland, Virginia, and South Carolina, Salmon shows regional variations in the law that affected women's autonomous control over property. She demonstrates the importance of understanding the effects of formal law on women' s lives in order to analyze the wider social context of women's experience.

Reappraising The Resort To Force

Author: Lindsay Moir
Publisher: Bloomsbury Publishing
ISBN: 1847315577
Size: 53.77 MB
Format: PDF, ePub, Docs
View: 3354
Download
A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

Landmark Cases In Land Law

Author: Nigel Gravells
Publisher: Bloomsbury Publishing
ISBN: 1782251510
Size: 27.96 MB
Format: PDF, Docs
View: 2025
Download
Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property ? the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.

Modern Studies In Property Law

Author: Elizabeth Cooke
Publisher: Hart Publishing
ISBN: 1841131733
Size: 22.15 MB
Format: PDF, Docs
View: 166
Download
The Modern Studies in Property Law series is a collection of the papers given at the biennial conferences of the Centre for Property Law at the University of Reading. Volume 2 contains the proceedings from the conference in 2002 and includes a wide range of papers from both English and international speakers, covering many of the most topical issues within the law of property.

Property In The Margins

Author: Andries Johannes van der Walt
Publisher: Bloomsbury Publishing
ISBN: 1847315100
Size: 24.21 MB
Format: PDF, ePub
View: 6859
Download
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.