Of Property and Propriety

Of Property and Propriety PDF

Author: Himani Bannerji

Publisher: University of Toronto Press

Published: 2001-01-01

Total Pages: 268

ISBN-13: 9780802081926

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This collection of essays examines property relations, moral regulations pertaining to gender, and nationalism in India, Kurdistan, Ireland, and Finland.

Commodity & Propriety

Commodity & Propriety PDF

Author: Gregory S. Alexander

Publisher: University of Chicago Press

Published: 2008-04-15

Total Pages: 496

ISBN-13: 0226013529

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Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.

Wilkie Collins: Women, Property and Propriety

Wilkie Collins: Women, Property and Propriety PDF

Author: Philip O'Neill

Publisher: Springer

Published: 1988-06-18

Total Pages: 245

ISBN-13: 1349089001

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Almost on the centenary of his death, this book studies the novels of Wilkie Collins and attempts to appreciate his representation of Victorian mores. It pays particular attention to Collins' views on sexuality, both male and female, and the laws concerning the distribution of property.

Proprietary Interests in Commercial Transactions

Proprietary Interests in Commercial Transactions PDF

Author: Sarah Worthington

Publisher: Oxford University Press

Published: 1996

Total Pages: 328

ISBN-13: 9780198262756

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Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.

She Comes to Take Her Rights

She Comes to Take Her Rights PDF

Author: Srimati Basu

Publisher: SUNY Press

Published: 1999-02-25

Total Pages: 324

ISBN-13: 9780791440964

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Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents’ self-acquired property. However, in the years since the act’s existence, its provisions have scarcely been utilized. Using interview data drawn from middle-class and poor neighborhoods in Delhi, this book explores the complexity of women’s decisions with regard to family property in this context. The book shows that it is not passivity, ignorance of the law, naiveté about wealth, or unthinking adherence to gender prescriptions that guides women’s decisions, but rather an intricate negotiation of kinship and an optimization of socioeconomic and emotional needs. An examination of recent legal cases also reveals that the formal legal realm can be hospitable to women’s rights-based claims, but judgments are still coded in terms of customary provisions despite legal criteria to the contrary.

An Introduction to Property Theory

An Introduction to Property Theory PDF

Author: Gregory S. Alexander

Publisher: Cambridge University Press

Published: 2012-04-09

Total Pages: 247

ISBN-13: 1107375371

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This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.

Property And Persuasion

Property And Persuasion PDF

Author: Carol M Rose

Publisher: Routledge

Published: 2019-09-05

Total Pages: 289

ISBN-13: 1000308359

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With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both approaches and laying the groundwork for a theory to bridge the gap between them.

Possession, Relative Title, and Ownership in English Law

Possession, Relative Title, and Ownership in English Law PDF

Author: Luke Rostill

Publisher: Oxford University Press, USA

Published: 2021-02-10

Total Pages: 207

ISBN-13: 0198843100

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This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.

In Defense of Property

In Defense of Property PDF

Author: Gottfried Dietze

Publisher: University Press of America

Published: 1995

Total Pages: 288

ISBN-13: 9780761800460

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In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order.

Colonial Lives of Property

Colonial Lives of Property PDF

Author: Brenna Bhandar

Publisher: Duke University Press

Published: 2018-05-25

Total Pages: 280

ISBN-13: 082237157X

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In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.