From Land Ownership to Landed Commons

From Land Ownership to Landed Commons PDF

Author: Frank Moulaert

Publisher: Edward Elgar Publishing

Published: 2024-03-14

Total Pages: 337

ISBN-13: 1035319683

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This book offers a comprehensive survey of the history of thought and practice of commoning of land from a social innovation perspective. Presenting refreshing theoretical and historical perspectives and examining three case-studies in great depth, it explores how social relations, ethics, and agencies affect the building and development Ð but also the decline Ð of Landed Commons.

An Archaeology of Land Ownership

An Archaeology of Land Ownership PDF

Author: Maria Relaki

Publisher: Routledge

Published: 2013-10-23

Total Pages: 325

ISBN-13: 1135050449

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Within archaeological studies, land tenure has been mainly studied from the viewpoint of ownership. A host of studies has argued about land ownership on the basis of the simple co-existence of artefacts on the landscape; other studies have tended to extrapolate land ownership from more indirect means. Particularly noteworthy is the tendency to portray land ownership as the driving force behind the emergence of social complexity, a primordial ingredient in the processes that led to the political and economic expansion of prehistoric societies. The association between people and land in all of these interpretive schemata is however less easy to detect analytically. Although various rubrics have been employed to identify such a connection – most notable among them the concepts of ‘cultures,’ ‘regions,’ or even ‘households’ – they take the links between land and people as a given and not as something that needs to be conceptually defined and empirically substantiated. An Archaeology of Land Ownership demonstrates that the relationship between people and land in the past is first and foremost an analytical issue, and one that calls for clarification not only at the level of definition, but also methodological applicability. Bringing together an international roster of specialists, the essays in this volume call attention to the processes by which links to land are established, the various forms that such links take and how they can change through time, as well as their importance in helping to forge or dilute an understanding of community at various circumstances.

On Private Property

On Private Property PDF

Author: Eric T. Freyfogle

Publisher: Beacon Press

Published: 2007

Total Pages: 220

ISBN-13: 9780807044162

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A fresh legal argument on what it means to own land, navigating issues of eminent domain, sprawl, and conservation Private property poses a great dilemma in American culture. We revere the institution and are quick to protect private-property rights, yet we are troubled when landowners cause harm to their neighbors and communities, especially when new development fuels sprawl and degrades the environment. Recent Supreme Court cases and new state laws around eminent domain have generated great controversy, and yet many people are unsure where they stand on this issue. In this wide-ranging inquiry, law professor Eric Freyfogle explores the inner workings of the familiar but poorly understood institution of private property. He identifies the three threats it currently faces: government mismanagement, the recently reinvigorated property rights movement, and conservation groups' efforts to buy tracts of land in order to protect them. He then offers a solution in the middle ground between the extreme sides of these debates. In On Private Property, Freyfogle gives glimpses of landownership's surprising past, revealing its complex links to liberty and ultimately showing why private property rights must remain consistent with a community's overall good. In conclusion, Freyfogle constructs piece by piece a provocative new vision of landownership, at once respectful of private interests yet responsive to communal needs. "Freyfogle's new book, which probably should have been titled "Roll Over, John Locke," is just what the public debate over property rights needs. Straight talk, and an invitation to open a conversation about the real issues." --Joseph L. Sax, author of Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures "A fresh perspective and penetrating legal and historical analysis of an issue that will continue to be in the forefront of land policy in the 21st century." --Anthony Flint, Lincoln Institute of Land Policy, author of This Land: The Battle over Sprawl and the Future of America "In a work that eschews easy slogans, Eric Freyfogle proves the truth about American property rights--that original intent, early court opinions, and the realities of modern society all mandate that ownership brings with it weighty but reasonable responsibilities to the larger community. This beautifully-articulated book, at once bold and thoughtful, is bound to become a classic in American constitutional and property law." --Charles Wilkinson, Distinguished University Professor and Moses Lasky Professor of Law at the University of Colorado and author of Crossing the Next Meridian: Land, Water, and the Future of the West

Releasing the Commons

Releasing the Commons PDF

Author: Ash Amin

Publisher: Routledge

Published: 2016-04-28

Total Pages: 238

ISBN-13: 1317375378

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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.

Protest, Property and the Commons

Protest, Property and the Commons PDF

Author: Lucy Finchett-Maddock

Publisher: Routledge

Published: 2016-03-17

Total Pages: 286

ISBN-13: 1136004645

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Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the spaces and their communities create their own – resistant – form of law. Drawing on critical legal theory, legal pluralism, legal geography, poststructuralism and new materialism, the book considers how protest movements both use state law and create new, more informal, legalities in order to forge a practice of resistance. Invaluable for anyone working within the area of informal property in land, commons, protest and adverse possession, this book offers a ground-breaking account of the integral role of time, space and performance in the instituting processes of law and resistance.

Property, Planning and Protest: The Contentious Politics of Housing Supply

Property, Planning and Protest: The Contentious Politics of Housing Supply PDF

Author: Quintin Bradley

Publisher: Taylor & Francis

Published: 2023-03-17

Total Pages: 163

ISBN-13: 1000851419

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The struggle for the right to housing is a battle over property rights and land use. For housing to be provided as a human need, land must be recognised as a common right. Property, Planning and Protest is a compelling new investigation into public opposition to housing and real estate development. Its innovative materialist approach is grounded in the political economy of land value, and it recognises the conflict between communities and real estate capital as a struggle over land and property rights. Property, Planning and Protest is about a social movement struggling for democratic representation in land-use decisions. The amenity groups it describes champion a democratic plan-led system that allocates land for social and environmental goals. Situating this movement in a history of land reform and common rights, this book sets out a persuasive new vision of democratic planning and affordable housing for all.

Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land PDF

Author: Ulla Secher

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 542

ISBN-13: 1782253769

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Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Common Property Water Resources

Common Property Water Resources PDF

Author:

Publisher: The Energy and Resources Institute (TERI)

Published: 2008-01-01

Total Pages: 220

ISBN-13: 8179931587

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Property rights on water, largely a common property resource, are very crucial in inducing collective action for management and conservation. State support to community action, both technical and financial, appears to be the prerequisite to affirmative actions in harnessing and managing water resources at the village level in India. These are two important messages coming out of this research study. It also adds to the evidence that landless labourers and marginal farmers in India depend in a major way on common resources for their traditional livelihood activities and domestic uses. A significant revelation is the emerging undercurrent of competition between big and small farmers over the use of such resources and the apparent exclusion of social minorities, landless, and women in their management. The discussions on water markets and the unique state-specific case studies reflect that 'necessity and scarcity' induce people to organize themselves for creating greater availability of common water resources and sharing the benefits more equitably.

Common Land, Wine and the French Revolution

Common Land, Wine and the French Revolution PDF

Author: Noelle Plack

Publisher: Ashgate Publishing, Ltd.

Published: 2009

Total Pages: 240

ISBN-13: 9780754667285

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Common Land, Wine and the French Revolution demonstrates the centrality of the Revolution and its aftermath to the lives of country people through a detailed analysis of legislative attempts to privatize common land in southern France, and the socio-economic and agricultural ramifications of this privatization.