Landscapes And The Law
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Landscapes And The Law
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Author : Gunnel Cederlöf
language : en
Publisher: Oxford University Press
Release Date : 2019-06-28
Landscapes And The Law written by Gunnel Cederlöf and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-28 with Science categories.
Landscapes and the Law is situated at the crossroads of environmental, colonial, and legal history. It examines the role of law in consolidating early colonial rule from the perspective of people’s access to nature in forests and hill tracts. This major interdisciplinary study is thus concerned with the social history of legal processes and the making of law, being as relevant today as it was when first published a decade ago. The book is focused equally on the multitude of colliding claims for access to land and resources, and the complex ways in which customary rights are redefined and codified for the purpose of securing and legitimizing colonial sovereign rule. Basing her archival and field work on the Nilgiri Hills in South India, Gunnel Cederlöf explores conflicting perceptions of nature and political visions that are projected onto landscapes and people. She traces debates on property and land rights, and how the empirical sciences merge with the legal claims justifying land acquisition. Popular resistance strategies to such exploitation are analysed, and a cross-cultural comparison made between early legal processes and social history in India, New Zealand, and North America.
Landscape Protection In International Law
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Author : Amy Strecker
language : en
Publisher: Oxford University Press
Release Date : 2018-08-23
Landscape Protection In International Law written by Amy Strecker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
Once the exclusive prerogative of domaine réservé, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic. How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.
Law And The Kinetic Environment
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Author : Sarah Marusek
language : en
Publisher: Routledge
Release Date : 2021-02-11
Law And The Kinetic Environment written by Sarah Marusek and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
This book addresses the legal-geographical implications of the fact that landscapes are not static, but dynamic. Within the field of legal geography, the spatial relationship of law to landscape is usually considered to be static. Environments are often considered fixed, and consequently inert, as places that literally don’t go anywhere. Typically, then, it is what happens in these places, rather than the place itself, that commands academic attention. In contrast to this static viewpoint, Law and the Kinetic Environment considers how many landscapes are in flux and, as a result, may be seen as dynamic. Natural phenomena, such as oozing lava, moving glaciers, or bubbling geothermal pools, challenge and test the normative conceptualizations of stability of place, property ownership, and legal regulation. Consequently, such dynamic landscapes enliven and transform law, offering new jurisprudential insights into what law is and how it operates in response to the kineticism that, this book argues is, to some degree, inherent in all landscapes. This original engagement with legal geography will appeal to those with general interests in this area, as well as specific concerns with questions of law and place, property and the environment.
Landscape Land Use And The Law
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Author : J. David C. Harte
language : en
Publisher: Spon Press
Release Date : 1985
Landscape Land Use And The Law written by J. David C. Harte and has been published by Spon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Land use categories.
A Legal History Of The English Landscape
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Author : Christopher Jessel
language : en
Publisher: Wildy, Simmonds & Hill Publishing
Release Date : 2011
A Legal History Of The English Landscape written by Christopher Jessel and has been published by Wildy, Simmonds & Hill Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Land tenure categories.
"A Legal History of the English Landscape is an engaging account of how the law has played a pivotal role in shaping the English landscape through the ages. Adopting a broadly chronological approach, the book begins with prehistory and continues through Roman and Anglo-Saxon times. It examines the foundations of English land law as laid down by the Normans and developed throughout the Middle Ages. The author explores how landed property became seen as the focus of society by the seventeenth century and how ownership rights were protected to such an extent that they inhibited change. As society evolved, once-important laws became obsolete and the author shows how later generations were able to adapt or circumvent them for their own needs. The book describes how Parliament intervened to rearrange the landscape in the Enclosure Movement, authorised the building of roads, canals and railways and encouraged the development of industry and towns. The account concludes with a view of the modern law in an era of public access to land, environmental protection and European legislation. By setting land law in the wider context of changes in society, A Legal History of the English Landscape will appeal not just to lawyers and historians, but to the general reader with an interest in the English landscape"--Provided by publisher.
The Right To Landscape
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Author : Shelley Egoz
language : en
Publisher: Routledge
Release Date : 2016-12-05
The Right To Landscape written by Shelley Egoz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Political Science categories.
Associating social justice with landscape is not new, yet the twenty-first century's heightened threats to landscape and their impact on both human and, more generally, nature's habitats necessitate novel intellectual tools to address such challenges. This book offers that innovative critical thinking framework. The establishment of the Universal Declaration of Human Rights (UDHR) in 1948, in the aftermath of Second World War atrocities, was an aspiration to guarantee both concrete necessities for survival and the spiritual/emotional/psychological needs that are quintessential to the human experience. While landscape is place, nature and culture specific, the idea transcends nation-state boundaries and as such can be understood as a universal theoretical concept similar to the way in which human rights are perceived. The first step towards the intellectual interface between landscape and human rights is a dynamic and layered understanding of landscape. Accordingly, the 'Right to Landscape' is conceived as the place where the expansive definition of landscape, with its tangible and intangible dimensions, overlaps with the rights that support both life and human dignity, as defined by the UDHR. By expanding on the concept of human rights in the context of landscape this book presents a new model for addressing human rights - alternative scenarios for constructing conflict-reduced approaches to landscape-use and human welfare are generated. This book introduces a rich new discourse on landscape and human rights, serving as a platform to inspire a diversity of ideas and conceptual interpretations. The case studies discussed are wide in their geographical distribution and interdisciplinary in the theoretical situation of their authors, breaking fresh ground for an emerging critical dialogue on the convergence of landscape and human rights.
Placing Property
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Author : Amanda Byer
language : en
Publisher: Springer Nature
Release Date : 2023-06-14
Placing Property written by Amanda Byer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-14 with Social Science categories.
This open access book presents a legal geography of property rights in land through the lenses of landscape and critical spatial justice. It seeks to reassert the importance of landscape and place in property as an alternative to abstract concepts of property which dominate contemporary thinking. It investigates property’s origins and uptake in the common law through the lenses of landscape and spatial justice, providing a genealogy of property, from its early origins in pre-feudal Scandinavia to its development as a cornerstone concept in English common law. It offers a new perspective and analytical tools to reconsider many accepted approaches to land in the law today. This book also contributes both to the decolonization of property law and critiques of property’s unsustainability, as well as the examination of the role of law itself in facilitating large scale land changes that destroy place, and the ramifications of this process. As such, it should be of interest to inter-disciplinary scholars working in the socio-legal, environmental and property law fields
The Legal Landscape
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Author : Richard C. Smardon
language : en
Publisher: Van Nostrand Reinhold Company
Release Date : 1993
The Legal Landscape written by Richard C. Smardon and has been published by Van Nostrand Reinhold Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Architecture categories.
Landscapes Of The Secular
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Author : Nicolas Howe
language : en
Publisher: University of Chicago Press
Release Date : 2016-09-05
Landscapes Of The Secular written by Nicolas Howe and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-05 with Religion categories.
“What does it mean to see the American landscape in a secular way?” asks Nicolas Howe at the outset of this innovative, ambitious, and wide-ranging book. It’s a surprising question because of what it implies: we usually aren’t seeing American landscapes through a non-religious lens, but rather as inflected by complicated, little-examined concepts of the sacred. Fusing geography, legal scholarship, and religion in a potent analysis, Howe shows how seemingly routine questions about how to look at a sunrise or a plateau or how to assess what a mountain is both physically and ideologically, lead to complex arguments about the nature of religious experience and its implications for our lives as citizens. In American society—nominally secular but committed to permitting a diversity of religious beliefs and expressions—such questions become all the more fraught and can lead to difficult, often unsatisfying compromises regarding how to interpret and inhabit our public lands and spaces. A serious commitment to secularism, Howe shows, forces us to confront the profound challenges of true religious diversity in ways that often will have their ultimate expression in our built environment. This provocative exploration of some of the fundamental aspects of American life will help us see the land, law, and society anew.
Landscapes Of Law
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Author : Carol J. Greenhouse
language : en
Publisher: University of Pennsylvania Press
Release Date : 2020-06-05
Landscapes Of Law written by Carol J. Greenhouse and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-05 with Social Science categories.
International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.