Property and Sovereignty

by Professor James Charles Smith
Property and Sovereignty
Author: Professor James Charles Smith
Publisher: Ashgate Publishing, Ltd.
Total Pages: 483
Release: 2014-01-28
Genre: Law
ISBN: 140948470X
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This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Sovereignty, Property and Empire, 1500-2000

by Andrew Fitzmaurice
Sovereignty, Property and Empire, 1500-2000
Author: Andrew Fitzmaurice
Publisher: Cambridge University Press
Total Pages: 401
Release: 2014-10-23
Genre: History
ISBN: 1107076498
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Adopting a global approach, Fitzmaurice analyses the laws that shaped modern European empires from medieval times to the twentieth century.

The Limits of Sovereignty

by Daniel W. Hamilton
The Limits of Sovereignty
Author: Daniel W. Hamilton
Publisher: University of Chicago Press
Total Pages: 240
Release: 2008-09-15
Genre: Law
ISBN: 0226314863
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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

The Turning Point in Private Law

by Ugo Mattei
The Turning Point in Private Law
Author: Ugo Mattei
Publisher: Edward Elgar Publishing
Total Pages: 262
Release: 2018-10-26
Genre: Law
ISBN: 1786435187
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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.

Paradoxes of Hawaiian Sovereignty

by J. Kehaulani Kauanui
Paradoxes of Hawaiian Sovereignty
Author: J. Kehaulani Kauanui
Publisher: Duke University Press
Total Pages: 298
Release: 2018-09-27
Genre: History
ISBN: 0822371960
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In Paradoxes of Hawaiian Sovereignty J. Kēhaulani Kauanui examines contradictions of indigeneity and self-determination in U.S. domestic policy and international law. She theorizes paradoxes in the laws themselves and in nationalist assertions of Hawaiian Kingdom restoration and demands for U.S. deoccupation, which echo colonialist models of governance. Kauanui argues that Hawaiian elites' approaches to reforming and regulating land, gender, and sexuality in the early nineteenth century that paved the way for sovereign recognition of the kingdom complicate contemporary nationalist activism today, which too often includes disavowing the indigeneity of the Kanaka Maoli (Indigenous Hawaiian) people. Problematizing the ways the positing of the Hawaiian Kingdom's continued existence has been accompanied by a denial of U.S. settler colonialism, Kauanui considers possibilities for a decolonial approach to Hawaiian sovereignty that would address the privatization and capitalist development of land and the ongoing legacy of the imposition of heteropatriarchal modes of social relations.

Empire and the Making of Native Title

by Bain Attwood
Empire and the Making of Native Title
Author: Bain Attwood
Publisher: Cambridge University Press
Total Pages: 457
Release: 2020-07-16
Genre: History
ISBN: 1108478298
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This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.

Hobbes's On the Citizen

by Robin Douglass
Hobbes's On the Citizen
Author: Robin Douglass
Publisher: Cambridge University Press
Total Pages: 264
Release: 2021-10-14
Genre: Philosophy
ISBN: 9781108434447
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This is the first book-length study in English of Thomas Hobbes's On the Citizen. It aims to show that On the Citizen is a valuable and distinctive philosophical work in its own right, and not merely a stepping-stone toward the more famous Leviathan. The volume comprises twelve original essays, written by leading Hobbes scholars, which explore the most important themes of the text: Hobbes's accounts of human nature, moral motivation, and political obligation; his theories of property, sovereignty, and the state; and, finally, his ideas on the relation between secular and ecclesiastical authority, and the politics behind his religious ideas. Taken together, the essays bring to light many distinctive aspects of Hobbes's thought that are often concealed by the prevailing focus on Leviathan, making for a richer and more nuanced picture of his moral, legal, and political philosophy.

Land Rights, Ethno-nationality and Sovereignty in History

by Stanley Engerman
Land Rights, Ethno-nationality and Sovereignty in History
Author: Stanley Engerman
Publisher: Routledge
Total Pages: 408
Release: 2004-08-02
Genre: Business & Economics
ISBN: 113435746X
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The complex relationships between ethno-nationality, rights to land, and territorial sovereignty have long fed disputes over territorial control and landed rights between different nations, ethnicities, and religions. These disputes raise a number of interesting issues related to the nature of land regimes and to their economic and political implications. The studies drawn together in this key volume explore these and related issues for a broad variety of countries and times. They illuminate the diverse causes of ethno-national land disputes, and the different forms of adjustment and accommodation to the power differences between the contesting groups. This is done within a framework outlined by the editors in their analytical overview, which offers contours for comparative examinations of such disputes, past and present. Providing conceptual and factual analyses of comparative nature and wealth of empirical material (both historical and contemporary), this book will appeal to economic historians, economists, political scientists, sociologists, anthropologists and all scholars interested in issues concerning ethno-nationality and land rights in historical perspective.

Property and Freedom

by Richard Pipes
Property and Freedom
Author: Richard Pipes
Publisher: Vintage
Total Pages: 346
Release: 2007-12-18
Genre: Political Science
ISBN: 0307427358
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"A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.