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Reprint of the original, first published in 1856.
India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified form today. Indian legal system has a healthy mixture of civil, common law, customary and religious laws within the legal framework inherited from the colonial era. Indian laws also adhere to the United Nations guidelines on Human Rights Laws and Environmental Laws. Federalism in India is defined through Part IX of the Constitution of India which distributes the legislative, administrative and executive powers between the Central and State Government. The legislative powers are categorized under Union List, State List and Concurrent List, representing, respectively, the powers conferred upon the Union Government, those conferred upon the State Government and powers shared among them. Real Estate Laws refer to laws controlling the ownership and use of land. It covers the rights to possess, use and enjoy land and the permanent man-made additions attached to it. Real Estate Sector is often touted to be one of the most complex and complicated sector mainly owing to a wide array of laws governing the same. The 44th Amendment Act,1978 added Chapter VI on Right to Property in the Constitution of India. Article 300A states that no person shall be deprived of the possession of his property except in accordance with the procedure established by law. However, every right comes with corresponding set of liability, obligations and responsibility. "Ignorantia Juris Non Excusat" is a legal maxim holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.
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.
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.