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This book explores the history of public land tenure records, which first began in colonial Massachusetts as English settlers and Native Americans tried to resolve differing ideas about rights to land in the seventeenth century. In South Australia, a similar method of state certification of land ownership arose in the nineteenth century, through Torrens system title registration – a process that would be widely adopted in British and American colonies as a particularly effective way of guaranteeing absolute ('fee simple') ownership over indigenous peoples’ land. This book explores the similarities between these two record systems, highlighting how similar settlement patterns and religious beliefs in both places focused attention on recording land tenure, and illustrating how these record systems encouraged new ways of thinking about rights to and on land.
The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.
This Palgrave Pivot presents the first in-depth study of the pioneering Kansas Blue Sky Act of 1911, the first effort in American financial history to regulate the sale of securities in the US. Though offering a balanced examination of critiques of the legislation as a barrier to individual liberty, interstate commerce, and economic growth, the author challenges the prevailing view of the Kansas Act as a complete anomaly, instead exploring sensitively what ‘blue sky laws’ can tell us about small-town market values during the nineteenth-century. Drawing on contemporary accounts of rural commerce and popular stereotypes about rural society, the author takes a cultural-historical approach to the politics of regulation and government intervention in the economy. Situating the Blue Sky Act in the broader context of Progressive Era reforms, the author demonstrates how distinctive patterns of commerce and finance in the self-contained, miniature economies of mid-continental rural communities were often at odds with the “caveat emptor” (buyer beware) standard of American law and commerce in larger markets. Instead the author explores how paternalistic assumptions about individual investment decisions led to the creation of the Act, yet how it was doomed to failure in the context of emerging national stock markets, changing attitudes that regarded stock primarily as a vehicle for trade and the market boom of the 1920s. The book also explores how the initial acceptance of the Kansas model in other states and its later rejection provides a lens through which to examine the fluidity of notions of individual liberty during this period of fast economic and social change. This book will be of interest to researchers working in American financial history, as well as legal history and securities law.
To either achieve or resist domination, some postcolonial and post slavery societies appropriate and contest the current memories on slavery. This occurs more often where the sites of slavery are tourist attractions that positively empower the communities through economic benefits, resulting in an emergence of ‘new’ memories of the past and a constant construction and reconstruction of identity. In The Legacy of Slavery in Coastal Kenya: Memory, Identity, and Heritage, Herman Ogoti Kiriama examines how two communities in coastal Kenya, one whose identity is contested by the community members and another one who are seeking recognition, have tried to remember their past and the role that tourism has played in the process of remembering and or forgetting. Kiriama argues that heritage, memory, and identity are fluid and individuals can claim several identities depending on their socio-politico-economic contexts.
A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.
Possession and Ownership brings together linguists and anthropologists in a series of cross-linguistic explorations of expressions used to denote possession and ownership, concepts central to most if not all the varied cultures and ideologies of humankind. Possessive noun phrases can be broadly divided into three categories - ownership of property, whole-part relations (such as body and plant parts), and blood and affinal kinship relations. As Professor Aikhenvald shows in her extensive opening essay, the same possessive noun or pronoun phrase is used in English and in many other Indo-European languages to express possession of all three kinds - as in 'Ann and her husband Henry live in the castle Henry's father built with his own hands' - but that this is by no means the case in all languages. In some, for example, the grammar expresses the inalienability of consanguineal kinship and sometimes also of treasured or sacred objects. Furthermore the degree to which possession and ownership are conceived as the same (when possession is 100% of the law) differs from one society to another, and this may be reflected in their linguistic expression. Like others in the series this pioneering book will be welcomed equally by linguists and anthropologists.
An interdisciplinary analysis of the history and literature of the land in early modern England.
This is the first book to provide a broad coverage of Thai legal history in the English language. It deals with pre-modern law, the civil law reforms of the late 19th and early 20th centuries, and the constitutional developments post-1932. It reveals outstanding scholarship by both Thai and international scholars, and will be of interest to anyone interested in Thailand and its history, providing an indispensable introduction to Thai law and the legal system. The civil law reforms are a notable focus of the book, which provides material of interest to comparative lawyers, especially those interested in the diffusion of the civil law.
This book explores whether and how a reinterpretation of Sub-Saharan cities, through the concept of adaptive capacity, could bridge this distance and contribute to a new understanding of the contemporary city. The research contributes to improved knowledge of urban and environmental planning and of the dynamics of development and environmental management in peri-urban areas of Dar es Salaam. This knowledge highlights the limits of certain common generalizations on the character of peri-urban areas. Moreover, the research provides methodological contribution derived from considerations on the strengths and weakness of tools and methods for investigating adaptive capacity and for environmental management, in the city of Dar es Salaam. Finally, it highlights controversial issues and possible research paths related to the relationship between adaptive capacity and urban and environmental planning.
The importance of good land governance to strengthen women s land rights, facilitate land-related investment, transfer land to better uses, use it as collateral, and allow effective decentralization through collection of property taxes has long been recognized. The challenges posed by recent global developments, especially urbanization, increased and more volatile food prices, and climate change have raised the profile of land and the need for countries to have appropriate land policies. However, efforts to improve country-level land governance are often frustrated by technical complexities, institutional fragmentation, vested interests, and lack of a shared vision on how to move towards good land governance and measure progress in concrete settings. Recent initiatives have recognized the important challenges this raises and the need for partners to act in a collaborative and coordinated fashion to address them. The breadth and depth of the papers included in this volume, all of which were presented at the World Bank s Annual Conference on Land Policy and Administration, illustrate the benefits from such collaboration. They are indicative not only of the diversity of issues related to land governance but, more importantly, highlight that, even though the topic is complex and politically challenging, there is a wealth of promising new approaches to improving land governance through innovative technologies, country-wide policy dialogue, and legal and administrative reforms. The publication is based on an on-going partnership between the World Bank, the International Federation of Surveyors, the Global Land Tool Network and the United Nations Food and Agriculture Organization provide tools that can help to address land governance in practice and at scale. It is our hope that this volume will be of use to increase awareness of and support to the successful implementation of innovative approaches that can help to not only improve land governance, but also thereby contribute to the well-being of the poorest and the achievement of the Millennium Development Goals.