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book (7)


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English (7)


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2018 (7)

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Book
Legalism : property and ownership
Authors: --- --- --- ---
ISBN: 0191851701 019254375X 0192543768 Year: 2018 Publisher: Oxford : Oxford University Press,

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Abstract

In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law.


Book
Property theory : legal and political perspectives
Authors: ---
ISBN: 1108500048 1108527434 110842242X 1108436684 1108526292 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Abstract

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.


Book
Private Property and the Origins of Nationalism in the United States and Norway : The Making of Propertied Communities
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ISBN: 331989949X 3319899503 Year: 2018 Publisher: Cham : Springer International Publishing : Imprint: Palgrave Macmillan,

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In the eighteenth century, before a national political movement took hold in either the United States or Norway, both countries were agrarian societies marked by widespread private land ownership. Tracing the emergence and development of national ideology in each, Eirik Magnus Fuglestad argues that land ownership became tied up with these national ideologies and was ultimately a central driver of nationalism. In this book, the United States and Norway emerge as propertied communities, shaped by historical narratives of self-government and by property regimes that linked popular sovereignty with land ownership. Covering the mid-eighteenth century through industrialization in the nineteenth century, this book lays the groundwork for understanding the rise of nationalism as an agrarian, landed phenomenon, which later became the foundation of industrial society.


Book
The great property fallacy : theory, reality, and growth in developing countries
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ISBN: 110853001X 1108534279 1108525385 1108422837 1108436943 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Abstract

In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.


Book
Ownership, Narrative, Things
Authors: --- ---
ISBN: 1137590688 1137590696 Year: 2018 Publisher: London : Palgrave Macmillan UK : Imprint: Palgrave Macmillan,

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This book uses a case study of a low-cost home ownership initiative at the margins of renting and owning provided by social landlords – known as shared ownership – to challenge everyday assumptions held about the ‘social’ and the ‘legal’ in property. The authors provide a study of the construction of property ownership, from the creation of this idea through to the present day, and offer a fresh consideration of key issues surrounding property, ownership, and the social. Analysing a diverse range of sources (from archives to micro-blogs, observation of housing providers, and interviews with shared owners), the authors explain the significance of the things (from the formal documents like leases, to odd materials like sweet wrappers and cigarette butts) commonly found in the narratives around shared ownership which are used to construct it as private ownership in everyday life. Ultimately, they uncover how this dream of ownership can become tarnished when people’s identities as ‘owners’ come under threat, and as such, these findings will provide fascinating insight into the intricacies of so-called home ownership for scholars of Law, Criminology, and Sociology.


Book
Instruments of land policy : dealing with scarcity of land
Authors: --- ---
ISBN: 9781138201514 1138201510 9781315511658 9781315511627 1315511657 1315511649 0367404133 1315511630 Year: 2018 Publisher: London ; New York : Routledge, Taylor & Francis Group,


Book
Property and human flourishing
Author:
ISBN: 0190860774 0190860758 0190860766 Year: 2018 Publisher: New York, NY : Oxford University Press,

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Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This text offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this work argues that human flourishing is property's moral foundation. It develops a theory that connects ownership and human flourishing with obligations.

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