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As many Indigenous communities return to self-governance and self-determination, they are taking their own approaches to property rights and community development. Based on case studies in four Indigenous communities – the Westbank, Membertou, Nisga’a, and James Bay Cree nations – Jamie Baxter traces how local leaders have set the course for land rights and development during formative periods of legal and economic upheaval. Drawing on new research about institutional change in organizational settings, Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. Inalienable Properties challenges the view that liberalized land markets are the inevitable result of legal and economic change. It shows how inalienability can result from intentional choices and is linked to structures of decision-making that have long-lasting consequences for communities.
Inalienable Possessions tests anthropology's traditional assumptions about kinship, economics, power, and gender in an exciting challenge to accepted theories of reciprocity and marriage exchange. Focusing on Oceania societies from Polynesia to Papua New Guinea and including Australian Aborigine groups, Annette Weiner investigates the category of possessions that must not be given or, if they are circulated, must return finally to the giver. Reciprocity, she says, is only the superficial aspect of exchange, which overlays much more politically powerful strategies of "keeping-while-giving." The idea of keeping-while-giving places women at the heart of the political process, however much that process may vary in different societies, for women possess a wealth of their own that gives them power. Power is intimately involved in cultural reproduction, and Weiner describes the location of power in each society, showing how the degree of control over the production and distribution of cloth wealth coincides with women's rank and the development of hierarchy in the community. Other inalienable possessions, whether material objects, landed property, ancestral myths, or sacred knowledge, bestow social identity and rank as well. Calling attention to their presence in Western history, Weiner points out that her formulations are not limited to Oceania. The paradox of keeping-while-giving is a concept certain to influence future developments in ethnography and the theoretical study of gender and exchange.
Discusses property rights according the the United States Constitution, and describes the history of the law, and covers real estate, water rights, intellectual properties, and more, and includes details from the "Kelo v. New London" trial from 2005.
This book offers an on-the-ground view of colonial Calcutta's neighbourhoods, where kinship-like ties shaped urban space and resisted city-making efforts of the state.
In the twenty years that followed the Arab-Israeli war of 1948, 800,000 Jews left their homes in Syria, Egypt, Iraq, Yemen, Libya, Morocco, and several other Arab countries. Although the causes of this exodus varied, restrictive governmental measures and an outburst of anti-Semitic feeling during and after the war were major factors. Some of these "Mizrahi" Jews, most of whom were not active Zionists, were forced to leave behind property of great financial and ancestral value-property that was sometimes seized by the governments of the countries they fled. In this book, Michael R. Fischbach, who has dedicated years to studying land and property ownership in the context of the Arab-Israeli conflict, reconstructs the circumstances in which Jewish communities left the Arab world. Conducting meticulous and exhaustive research in the archives of Washington D.C., Jerusalem, London, New York, and elsewhere, Fischbach offers the most authoritative estimates to date of the value of the property left behind. He also describes the process by which various actors, most importantly the State of Israel, linked the resolution of Jewish property claims to the fate of Palestinian refugee property claims following the 1948 war. Fischbach considers the implications of contemporary developments, such as America's invasion of Iraq, Israeli-Palestinian negotiations, and Libya's attempt to shed its international pariah status, which have impacted pending claims and will affect claims in the future. Overall, he finds that many international Jewish organizations have supported the link between the claims of Mizrahi Jews and those of Palestinian refugees, hindering serious efforts to obtain restitution or compensation.
In the past few years, a new generation of progressive intellectuals has dramatically transformed how law, race, and racial power are understood and discussed in America. Questioning the old assumptions of both liberals and conservatives with respect to the goals and the means of traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial injustice and new ways of seeing the links between race, gender, sexual orientation, and class. This reader, edited by the principal founders and leading theoreticians of the critical race theory movement, gathers together for the first time the movement's most important essays.
The purpose of this book is to reflect on a variety of common questions. Common, but difficult questions. What is the self? What does it mean to be conscious? What is morality made of? Is there logic in morality? Can reason alone justify moral action? To answer such questions, this book does three things. To begin, it examines what the human mind is and what it is not. Then it examines how one might construct a moral system grounded only in observation and reason. Lastly, it examines by what means one may employ the mind towards morality.