Property in the Margins

Property in the Margins
Author: A J van der Walt
Publisher: Bloomsbury Publishing
Total Pages: 302
Release: 2009-05-29
Genre: Law
ISBN: 1847315100

Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.

Property and Community

Property and Community
Author: Gregory S. Alexander
Publisher: Oxford University Press
Total Pages: 240
Release: 2010-01-21
Genre: Law
ISBN: 0199749337

Property and Community fills a major gap in the legal literature on property and its relationship to community. The essays included differ from past discussions, including those provided by law-and-economics, by providing richer accounts of community. By and large, prior discussions by property theorists treat communities as agglomerations of individuals and eschew substantive accounts of justice, favoring what Charles Taylor has called "procedural" conceptions. These perspectives on ownership obscure the possibility that the "community" might have a moral status that differs from neighboring owners or from non-owning individuals. This book examines a variety of social practices that implicate community in its relationship to property. These practices range from more obvious property-based communities like Israeli kibbutzim to surprising examples such as queues. Aspects of law and community in relationship to legal and social institutions both inside and outside of the United States are discussed. Alexander and Peñalver seek to mediate the distance between abstract theory and mundane features of daily life to provide a rich, textured treatment of the relationship between law and community. Instead of defining community in abstractly theoretical terms, they approach the subject through the lens of concrete institutions and social practices. In doing so, they not only enrich our empirical understanding of the relationship between property and community but also provide important insights into the concept of community itself.

For a Proper Home

For a Proper Home
Author: Edward Murphy
Publisher: University of Pittsburgh Press
Total Pages: 377
Release: 2015-01-15
Genre: History
ISBN: 0822980215

From 1967 to 1973, a period that culminated in the socialist project of Salvador Allende, nearly 400,000 low-income Chileans illegally seized parcels of land on the outskirts of Santiago. Remarkably, today almost all of these individuals live in homes with property titles. As Edward Murphy shows, this transformation came at a steep price, through an often-violent political and social struggle that continues to this day. In analyzing the causes and consequences of this struggle, Murphy reveals a crucial connection between homeownership and understandings of proper behavior and governance. This link between property and propriety has been at the root of a powerful, contested urban politics central to both social activism and urban development projects. Through projects of reform, revolution, and reaction, a right to housing and homeownership has been a significant symbol of governmental benevolence and poverty reduction. Under Pinochet's neoliberalism, subsidized housing and slum eradication programs displaced many squatters, while awarding them homes of their own. This process, in addition to ongoing forms of activism, has permitted the vast majority of squatters to live in homes with property titles, a momentous change of the past half-century. This triumph is tempered by the fact that today the urban poor struggle with high levels of unemployment and underemployment, significant debt, and a profoundly segregated and hostile urban landscape. They also find it more difficult to mobilize than in the past, and as homeowners they can no longer rally around the cause of housing rights. Citing cultural theorists from Marx to Foucault, Murphy directly links the importance of home ownership and property rights among Santiago's urban poor to definitions of Chilean citizenship and propriety. He explores how the deeply embedded liberal belief system of individual property ownership has shaped political, social, and physical landscapes in the city. His approach sheds light on the role that social movements and the gendered contours of home life have played in the making of citizenship. It also illuminates processes through which squatters have received legally sanctioned homes of their own, a phenomenon of critical importance in cities throughout much of Latin America and the Global South.

The End of Ownership

The End of Ownership
Author: Aaron Perzanowski
Publisher: MIT Press
Total Pages: 262
Release: 2018-03-16
Genre: Law
ISBN: 0262535246

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

Xhtml

Xhtml
Author: Jitendra Patel
Publisher: eBookIt.com
Total Pages: 431
Release: 2012-12-30
Genre: Computers
ISBN: 1456611968

XHTML XHTML is a markup language for Web pages from the W3C(World Wide Web Consortium). XHTML combines HTML and XML into a single format (HTML 4.0 and XML 1.0). Like XML, XHTML can be extended with proprietary tags. Also like XML, XHTML must be coded more rigorously than HTML. Over the years, HTML coders have become sloppy, because Web browser software was originally written to tolerate many variations in HTML coding, but, with XHTML, coders must conform to the XML rules. In one sentence we can say that XHTML is a superset of HTML, but unlike HTML it is stricter to rules and requires a document to follow XML rules. Whereas HTML is an application of SGML, a very flexible markup language, XHTML is an application of XML, a more restrictive subset of SGML. Because they need to be well-formed, true XHTML documents allow for automated processing to be performed using standard XML tools unlike HTML, which requires a relatively complex, lenient, and generally custom parser. XHTML can be thought of as the intersection of HTML and XML in many respects, since it is a reformulation of HTML in XML.

Modern Studies in Property Law - Volume 7

Modern Studies in Property Law - Volume 7
Author: Nicholas Hopkins
Publisher: Bloomsbury Publishing
Total Pages: 502
Release: 2013-07-31
Genre: Law
ISBN: 1782251804

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.

Margins of the Market

Margins of the Market
Author: Johan Mathew
Publisher: Univ of California Press
Total Pages: 266
Release: 2016-05-10
Genre: History
ISBN: 0520288548

What is the relationship between trafficking and free trade? Is trafficking the perfection or the perversion of free trade? Trafficking occurs thousands of times each day at borders throughout the world, yet we have come to perceive it as something quite extraordinary. How did this happen, and what role does trafficking play in capitalism? To answer these questions, Johan Mathew traces the hidden networks that operated across the Arabian Sea in the nineteenth and early twentieth centuries. Following the entangled history of trafficking and capitalism, he explores how the Arabian Sea reveals the gaps that haunt political borders and undermine economic models. Ultimately, he shows how capitalism was forged at the margins of the free market, where governments intervened, and traffickers turned a profit.

Intellectual Property

Intellectual Property
Author: Paul Goldstein
Publisher: Penguin
Total Pages: 268
Release: 2007-11-08
Genre: Business & Economics
ISBN: 1101216387

The definitive guide to intellectual property for business managers How can a product of the mind—an innovation, a song, a logo, a business secret—become the subject of precise property rights? No idea is entirely original; every innovative business borrows, sometimes extensively, from its competitors and others. So how do we draw the line between fair and unfair use? Billions of dollars ride on that question, as do the fates of publishers, software producers, drug companies, advertising firms, and many others. It’s also a key question for individuals—for instance, if you quit your job after mastering the company’s secrets, what can you do with that information? With the growth of the internet and global markets, having a smart IP strategy is more essential than ever. Intellectual Property is the ideal book for non-lawyers who deal with patents, trade secrets, trademarks, and copyrights—all essential business issues that have changed rapidly in the last few years. Goldstein draws on dozens of fascinating case studies, from the Polaroid vs. Kodak battle to Kellogg’s surprising trademark suit against Exxon to whether a generic perfume is allowed to smell exactly like Chanel No. 5. Every business decision that involves IP is also a legal decision, and every legal decision is also a business decision. Lawyers and managers need to work together to navigate these murky waters, and this book shows how.

Colonial Lives of Property

Colonial Lives of Property
Author: Brenna Bhandar
Publisher: Duke University Press
Total Pages: 237
Release: 2018-05-03
Genre: Law
ISBN: 082237157X

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.