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Barely two centuries ago, most of the world's productive land still belonged either communally to traditional societies or to the higher powers of monarch or church. But that pattern, and the ways of life that went with it, were consigned to history as a result of the most creative - and, at the same time, destructive - cultural force in the modern era: the idea of individual, exclusive ownership of land. This notion laid waste to traditional communal civilisations, displacing entire peoples from their homelands, and brought into being a unique concept of individual freedom and a distinct form of representative government and democratic institutions. Other great civilizations, in Russia, China, and the Islamic world, evolved very different structures of land ownership, and thus very different forms of government and social responsibility.The seventeenth-century English surveyor William Petty was the first man to recognise the connection between private property and free-market capitalism; the American radical Wolf Ladejinsky redistributed land in Japan, Taiwan and South Korea after the Second World War to make possible the emergence of Asian tiger economies. Through the eyes of these remarkable individuals and many more, including Chinese emperors and German peasants, Andro Linklater here presents the evolution of land ownership to offer a radically new view of mankind's place on the planet.
In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.
Trespassing, "a thoughtful, beautifully written addition to environmental and regional literature" (Kirkus Reviews), is a historical survey of the evolution of private ownership of land, concentrating on the various land uses of a 500-acre tract of land over a 350-year period. What began as wild land controlled periodically by various Native American tribes became British crown land after 1654, then private property under US law, and finally common land again in the late twentieth century. Mitchell considers every aspect of the important issue of land ownership and explores how our attitudes toward land have changed over the centuries.
From the bestselling author Simon Winchester, a human history of land around the world: who mapped it, owned it, stole it, cared for it, fought for it and gave it back.
The genealogist trying to locate families, the surveyor or attorney researching old deeds, or the historian seeking data on land settlement will find Pennsylvania Land Records an indispensable aid. The land records of Pennsylvania are among the most complete in the nation, beginning in the 1680s. Pennsylvania Land Records not only catalogs, cross-references, and tells how to use the countless documents in the archive, but also takes readers through a concise history of settlement in the state. The guide explains how to use the many types of records, such as rent-rolls, ledgers of the receiver general's office, mortgage certificates, proof of settlement statements, and reports of the sale of town lots. In addition, the volume includes: cross-references to microfilm copies; maps of settlement; illustrations of typical documents; a glossary of technical terms; and numerous bibliographies on related topics.
What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.
Who own's England? Behind this simple question lies this country's oldest and darkest secret. This is the history of how England's elite came to own our land - from aristocrats and the church to businessmen and corporations - and an inspiring manifesto for how we can take control back.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
The roots of our modern world lie in the civilization of Mesopotamia, which saw the development of the first urban society and the invention of writing. The cuneiform texts reveal the technological and social innovations of Sumer and Babylonia as surprisingly modern, and the influence of this fascinating culture was felt throughout the Near East. Early Mesopotamia gives an entirely new account, integrating the archaeology with historical data which until now have been largely scattered in specialist literature.
Humankind coexists with every other living thing. People drink the same water, breathe the same air, and share the same land as other animals. Yet, property law reflects a general assumption that only people can own land. The effects of this presumption are disastrous for wildlife and humans alike. The alarm bells ringing about biodiversity loss are growing louder, and the possibility of mass extinction is real. Anthropocentric property is a key driver of biodiversity loss, a silent killer of species worldwide. But as law and sustainability scholar Karen Bradshaw shows, if excluding animals from a legal right to own land is causing their destruction, extending the legal right to own property to wildlife may prove its salvation. Wildlife as Property Owners advocates for folding animals into our existing system of property law, giving them the opportunity to own land just as humans do—to the betterment of all.