Stability And Change In Property Law
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Stability And Change In Property Law
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Author : Ling Ernesto René Vargas Weil
language : en
Publisher:
Release Date : 2022
Stability And Change In Property Law written by Ling Ernesto René Vargas Weil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Property In The Margins
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Author : A J van der Walt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-05-29
Property In The Margins written by A J van der Walt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-29 with Law categories.
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Research Handbook On Climate Disaster Law
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Author : Rosemary Lyster
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
Research Handbook On Climate Disaster Law written by Rosemary Lyster and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-29 with Law categories.
Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.
Property Law For The Anthropocene Era
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Author : John G. Sprankling
language : en
Publisher:
Release Date : 2017
Property Law For The Anthropocene Era written by John G. Sprankling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
The most important challenge facing American property law today is how to adapt to the Anthropocene era. In 2016, scientists officially acknowledged that we have entered this new geological period, which is characterized by the reality that human activity -- not nature -- is now the dominant force transforming the physical world. In this period of rapid and unprecedented global change, our traditional rigid and absolutist approach to property rights is increasingly obsolete. This Article is the first comprehensive analysis of how property law should respond to the Anthropocene challenge. It demonstrates the need to transition from a property law system based on stability to a more dynamic system that accommodates large-scale change. We must develop a new vision of ownership in which property rights are more flexible and less categorical than in the past, and implement this transition in a manner that does not violate the Takings Clause. The Article proposes four overarching principles to guide the evolution of our property law system in the coming decades.
A Research Agenda For Property Law
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Author : Bram Akkermans
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
A Research Agenda For Property Law written by Bram Akkermans and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-02 with Law categories.
Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.
Property In The Margins
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Author : Andries Johannes Van der Walt
language : en
Publisher:
Release Date : 2009
Property In The Margins written by Andries Johannes Van der Walt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Eviction categories.
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to ins.
Strata Title Property Rights
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Author : Cathy Sherry
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-19
Strata Title Property Rights written by Cathy Sherry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-19 with Law categories.
Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia’s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.
Perspectives On Property Law
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Author : Robert C. Ellickson
language : en
Publisher: Aspen Publishing
Release Date : 2023-02-01
Perspectives On Property Law written by Robert C. Ellickson and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-01 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Perspectives on Property Law, edited by Robert C. Ellickson, Carol M. Rose, and Henry E. Smith is an interdisciplinary introduction to property law and institutions through edited and annotated readings from classic and contemporary sources. Entering its Fifth Edition, Perspectives on Property Law continues its track record of success. The authors supplement a wide selection of fascinating and essential readings on Property Law with their own commentary. This reader continues an approach tracing back to the landmark first edition—Bruce Ackerman's Economic Foundations of Property Law, published in 1975. Like all previous editions, this edition contains many selections, both classic and more recent, in law and economics. Included selections are also taken from sociology, psychology, history, philosophy, gender studies, game theory, and law and literature. New to the 5th Edition: Richard Brooks’s article on the dangers of racial discrimination from non-enforceable Restrictive Covenants. Yun-chien Chang’s chapter from a global comparative study questioning the basis for Adverse Possession. Thomas W. Merrill’s article on the Economics of Leasing. Henry E. Smith’s article on equity as meta-law and F.H. Lawson’s article on the creative use of legal concepts. Professors and students will benefit from: An assemblage of leading writings on the fundamental issues of Property Law Each selection is accompanied by notes, questions, and commentary designed to deepen student understanding A well-known and respected author team
Planning By Law And Property Rights Reconsidered
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Author : Barrie Needham
language : en
Publisher: Routledge
Release Date : 2016-04-22
Planning By Law And Property Rights Reconsidered written by Barrie Needham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.
Property Outlaws
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Author : Eduardo M. Penalver
language : en
Publisher: Yale University Press
Release Date : 2010-02-16
Property Outlaws written by Eduardo M. Penalver and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-16 with Law categories.
Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.