Property Mainstream And Critical Positions

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Property Mainstream And Critical Positions

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Author : Crawford Brough Macpherson
language : en
Publisher: University of Toronto Press
Release Date : 1978-01-01

Property Mainstream And Critical Positions written by Crawford Brough Macpherson and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978-01-01 with Business & Economics categories.

The legitimate role of the state in relation to property and the justification of property institutions of various kinds are matters of increasing concern in the modern world. Political and social theorists, jurists, economists, and historians have taken positions for and against the property institutions upheld in their time by the state, and further dehate seems inevitable. This book brings together ten classic statements which set out the main arguments that are now appealed to and places them in historical and critical perspective. The extracts presented here - all substantial - are from Loeke, Rousseau, Bentham, Marx, Mill, Green, Veblen, Tawney, Morris Cohen, and Charles Reich. A note hy the editor at the head of each extract highlights the arguments in it and relates it to the time at which it was written. Professor Macpherson's introductory and concluding essays expose the roots of some common misconceptions of property, identify current changes in the concept of property, and predict future changes. Macpherson argues that a specific change in the concept (which now appears possible) is needed to rescue liberal democracy from its present impasse. Property is both a valuable text on a crucial topic in political and social theory and a significant contribution to the continuing debate

Property Mainstream And Critical Positions

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Author : Crawford Brough Macpherson
language : en
Publisher:
Release Date : 1978

Property Mainstream And Critical Positions written by Crawford Brough Macpherson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.

The New Freedom And The Radicals

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Author : Jacob Kramer
language : en
Publisher: Temple University Press
Release Date : 2015-06-12

The New Freedom And The Radicals written by Jacob Kramer and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-12 with Biography & Autobiography categories.

Contends that ideas concerning radicalism were always an important part of progressivism, showing that acceptable limits established by progressives regarding radical propaganda, organization, and strike behavior became established law and policy.

Segregated Time

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Author : Philip J. Brendese
language : en
Publisher: Oxford University Press
Release Date : 2023

Segregated Time written by Philip J. Brendese 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 2023 with Biography & Autobiography categories.

Although typically conceived in terms of space, Segregated Time argues that racial segregation and inequality are also sustained through impositions on human time. Drawing on a range of Africana, Latinx, and Indigenous political thought, P.J. Brendese demonstrates the way in which time is weaponized against people of color and advances a theory of white time as a possessive, acquisitive, colonizing force. Segregated Time critically examines the racialization of those defined as as behind the times, how racial others are cast out of time, perpetually forced to "do time" in a carceral society, and to perish in the segregated times of climate apocalypse.

Environmental Human Rights

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Author : Markku Oksanen
language : en
Publisher: Routledge
Release Date : 2017-09-05

Environmental Human Rights written by Markku Oksanen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Business & Economics categories.

The nature of environmental human rights and their relation to larger rights theories has been a frequent topic of discussion in law, environmental ethics and political theory. However, the subject of environmental human rights has not been fully established among other human rights concerns within political philosophy and theory. In examining environmental rights from a political theory perspective, this book explores an aspect of environmental human rights that has received less attention within the literature. In linking the constraints of political reality with a focus on the theoretical underpinnings of how we think about politics, this book explores how environmental human rights must respond to the key questions of politics, such as the state and sovereignty, equality, recognition and representation, and examines how the competing understandings about these rights are also related to political ideologies. Drawing together contributions from a range of key thinkers in the field, this is a valuable resource for students and scholars of human rights, environmental ethics, and international environmental law and politics more generally.

Fair Shares For All

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Author : Jean-Pierre Gross
language : en
Publisher: Cambridge University Press
Release Date : 2003-11-13

Fair Shares For All written by Jean-Pierre Gross and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11-13 with Business & Economics categories.

This study explores the egalitarian policies pursued in the provinces during the radical phase of the French Revolution, but moves away from the habit of looking at such issues in terms of the Terror alone. It challenges revisionist readings of Jacobinism that dwell on its totalitarian potential or portray it as dangerously utopian. The mainstream Jacobin agenda emphasised 'fair shares' and equal opportunities for all in a private ownership market economy. It sought to achieve social justice without jeopardising human rights and tended thus to complement, rather than undermine, the liberal, individualist programme of the Revolution. The book stresses the relevance of the 'Enlightenment legacy', the close affinity between Girondins and Montagnards, the key role played by many lesser-known figures and the moral ascendancy of Robespierre. It reassesses the basic social and economic issues at stake in the Revolution, which cannot be understood solely in terms of political discourse.

Land And Forest Rights Of Amazonian Indigenous Peoples From A National And International Perspective

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Author : Siu Lang Carrillo Yap
language : en
Publisher: BRILL
Release Date : 2022-02-14

Land And Forest Rights Of Amazonian Indigenous Peoples From A National And International Perspective written by Siu Lang Carrillo Yap and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-14 with Law categories.

In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples’ land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined. Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples’ rights closely entwined with the conservation of the Amazonian rainforest.

Blackstone And His Commentaries

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Author : Wilfrid Prest
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-07-06

Blackstone And His Commentaries written by Wilfrid Prest and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-06 with Law categories.

One of the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) has recently begun to attract renewed interest from legal and other scholars. The Commentaries no longer dominate legal education as they once did, especially in North America during the century after their first publication. But they continue to be regularly cited in the judgments of superior courts of review on both sides of the Atlantic, and elsewhere throughout the common-law world. They also provide constitutional, cultural, intellectual and legal historians with a remarkably comprehensive account of the role of law, lawyers and the courts in the imperial superpower that was England on the cusp of the industrial revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence as expounded in the Commentaries, and the impact of his great book, both within and beyond his native shores, are the main themes of this collection. Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic book collecting; his views of the role of judges, interpretation of statutes, the law of marriage, the status of wives, natural law, property law and the legalities of colonisation, and the varied reception of the Commentaries in America and continental Europe. Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence. I Life 1 Blackstone and Biography - Wilfrid Prest 2 A 'Model of the Old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter 4 William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle II Thought 5 Blackstone on Judging - John H Langbein 6 Blackstone's Rules for the Construction of Statutes - John V Orth 7 Blackstone and Bentham on the Law of Marriage - Mary Sokol 8 Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony 10 Restoring the 'Real' to Real Property Law: A Return to Blackstone? - Nicole Graham III Influence 11 American Blackstones - Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John Emerson 13 Blackstone in Germany - Horst Dippel IV Sources 14 Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid Prest Contributors -Thalia Anthony lectures in law at the University of Sydney. -Norma Aubertin-Potter is Librarian-in-Charge of the Codrington Library, All Souls College, Oxford. -J H Baker, Downing Professor of the Laws of England at the University of Cambridge, is Literary Director of the Selden Society. -Morris Cohen, Professor Emeritus and Professorial Lecturer in Law, is the former Librarian of Yale Law School. -Horst Dippel is Professor of British and American Studies at the University of Kassel. -Ian Doolittle, formerly a Junior Research Fellow at Christ Church, Oxford, is a partner in the law firm Trowers and Hamlins LLP in London. -John Emerson holds a Visiting Research Fellowship in the Law School, University of Adelaide. -Nicole Graham is Senior Lecturer in the Faculty of Law, University of Technology, Sydney. -Michael Hoeflich is John H and John M Kane Distinguished Professor in the Law School, University of Kansas. -John Langbein is Sterling Professor of Law and Legal History at Yale Law School. -Carol Matthews teaches in the School of History and Politics at the University of Adelaide. -John V Orth holds the William Rand Kenan Jr Chair of Law at the University of North Carolina, Chapel Hill. -Wilfrid Prest is Professor Emeritus and Visiting Research Fellow in the Law School and School of History and Politics, University of Adelaide. -Mary Sokol holds an Honorary Research Fellowship in the Bentham Project at University College London. -Tim Stretton teaches history at St Mary's University, Halifax, Nova Scotia.

Post Colonial Globalisation

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Author : Yonit Manor-Percival
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-22

Post Colonial Globalisation written by Yonit Manor-Percival and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-22 with Political Science categories.

With the globalist project immersed in conflicts and adversity, Post-Colonial Globalisation offers an insight into the actors who animate it and the power dynamics which run through it. Using the law as the prism through which these are examined, and fusing historical with contemporary perspectives, the book contributes to understanding the crisis in which we find ourselves as a moment of both existential danger and an opportunity. This book is in two parts. The first part charters capitalism’s historical progression to globalism through the lens of the act of taking. Taking has risen to institutional prominence as a core concept in the legal lexicon of foreign investment protection to denote deprivation of private property. Post-Colonial Globalisation advances a broader notion of taking as a tool of social criticism. From enclosures, to colonial settlement to an empire of unequal exchanges, to contemporary land grabs, private property, now so vigorously protected against taking, was itself born out of taking. The second part focuses on the ecological dimension of neoliberal globalisation and its hallmarks of unlimited growth and excessive extraction. It has negatively impacted the climate, the earth and its human and non-human inhabitants to the point of putting their continued existence at risk. Central to this is the deification of property. Our understanding of proprietary relations and the rights they confer must be revisited if our interface with the planet is to be reconfigured. The emerging doctrine of rights of nature offers one route which may lead us in this direction. The two parts complement each other. One looks at taking by members of the human species from each other. The other looks at taking by the human species from nature. This book is aimed at anyone who wishes to gain insight into the current crisis, including students, academics, NGOs and policymakers.

The Democracy That Never Was

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Author : Gary Teeple
language : en
Publisher: Springer Nature
Release Date : 2025-02-28

The Democracy That Never Was written by Gary Teeple and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-28 with Social Science categories.

Liberal democracy is usually treated as an independent variable, as possessing the absolutes of democratic rule. Its variable forms, changing principles and practice, and conscious destruction by its own advocates, in particular the United States, however, suggest that it is not what it appears to be. This book argues that it is a dependent variable, the political form required by the changing configurations of national capital and their countervailing forces. The forms of liberal democracy have always shifted in concert with the mode of production as their premise. The absolutes of liberal democracy, the author contends, have never been anything but the abstracted principles of the marketplace. Their nature has now become especially visible for what they have been because the premise as national capital development has changed, leaving liberal democracy as a form without its original content, and its present content out of keeping with a national jurisdiction. As a political form, it persists, but its role has been transformed from the regulation of national capital accumulation to the enforcer of the demands of global configurations of capital. It is a role that its citizens implicitly understand, as revealed in widespread political cynicism, decreasing electoral participation, and declining legitimacy that require ever greater measures of deceit from political leaders and increased means of coercive social control, including militarized police forces and pervasive electronic surveillance. There can be no going back to the stage of national politics because the neoliberal content of liberal democratic policies represents the necessities of global capital. And it is the contradictions of global capital that define the character of early 21st century political conflict.