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The Rule of the Land

Author: Garrett Carr

Publisher: Faber & Faber

Published: 2017-01-31

Total Pages: 227

ISBN-13: 0571313361

In the wake of the EU referendum, the United Kingdom's border with Ireland has gained greater significance: it is set to become the frontier with the European Union. Over the past year, Garrett Carr has travelled this border, on foot and by canoe, to uncover a landscape with a troubled past and an uncertain future. Across this thinly populated line, travelling down hidden pathways and among ancient monuments, Carr encounters a variety of characters who have made this liminal space their home. He reveals the turbulent history of this landscape and changes the way we look at nationhood, land and power. The book incorporates Carr's own maps and photographs.

The Color of the Land

Author: David A. Chang

Publisher: Univ of North Carolina Press

Published: 2010-02-01

Total Pages: 312

ISBN-13: 9780807895764

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The Color of the Land brings the histories of Creek Indians, African Americans, and whites in Oklahoma together into one story that explores the way races and nations were made and remade in conflicts over who would own land, who would farm it, and who would rule it. This story disrupts expected narratives of the American past, revealing how identities--race, nation, and class--took new forms in struggles over the creation of different systems of property. Conflicts were unleashed by a series of sweeping changes: the forced "removal" of the Creeks from their homeland to Oklahoma in the 1830s, the transformation of the Creeks' enslaved black population into landed black Creek citizens after the Civil War, the imposition of statehood and private landownership at the turn of the twentieth century, and the entrenchment of a sharecropping economy and white supremacy in the following decades. In struggles over land, wealth, and power, Oklahomans actively defined and redefined what it meant to be Native American, African American, or white. By telling this story, David Chang contributes to the history of racial construction and nationalism as well as to southern, western, and Native American history.

The Rule of Law and the Measure of Property

Author: Jeremy Waldron

Publisher: Cambridge University Press

Published: 2012-06-21

Total Pages:

ISBN-13: 1139576984

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When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

The Laws and the Land

Author: Daniel Rück

Publisher: UBC Press

Published: 2021-09-15

Total Pages: 336

ISBN-13: 0774867469

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As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.

Unwritten Rule

Author: Alice Beban

Publisher: Cornell University Press

Published: 2021-04-15

Total Pages: 259

ISBN-13: 1501753630

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In 2012, Cambodia—an epicenter of violent land grabbing—announced a bold new initiative to develop land redistribution efforts inside agribusiness concessions. Alice Beban's Unwritten Rule focuses on this land reform to understand the larger nature of democracy in Cambodia. Beban contends that the national land-titling program, the so-called leopard skin land reform, was first and foremost a political campaign orchestrated by the world's longest-serving prime minister, Hun Sen. The reform aimed to secure the loyalty of rural voters, produce "modern" farmers, and wrest control over land distribution from local officials. Through ambiguous legal directives and unwritten rules guiding the allocation of land, the government fostered uncertainty and fear within local communities. Unwritten Rule gives pause both to celebratory claims that land reform will enable land tenure security, and to critical claims that land reform will enmesh rural people more tightly in state bureaucracies and create a fiscally legible landscape. Instead, Beban argues that the extension of formal property rights strengthened the very patronage-based politics that Western development agencies hope to subvert.

Strangers in Their Own Land

Author: Francis X. Hezel

Publisher: University of Hawaii Press

Published: 2003-09-30

Total Pages: 496

ISBN-13: 0824864492

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"Hezel has written an authoritative and engaging narrative of [a] succession of colonial regimes, drawing upon a broad range of published and archival sources as well as his own considerable knowledge of the region. This is a ‘conventional’ history, and a very good one, focused mostly on political and economic developments. Hezel demonstrates a fine understanding of the complicated relations between administrators, missionaries, traders, chiefs and commoners, in a wide range of social and historical settings." —Pacific Affairs "The tale [of Strangers in Their Own Land] is one of interplay between four sequential colonial regimes (Spain Germany, Japan, and the United States) and the diverse island cultures they governed. It is also a tale of relationships among islands whose inhabitants did not always see eye-to-eye and among individuals who fought private and public battles in those islands. Hezel conveys both the unity of purpose exerted by a colonial government and the subversion of that purpose by administrators, teachers, islands, and visitors.... [The] history is thoroughly supported by archival materials, first-person testimonies, and secondary sources. Hezel acknowledges the power of the visual when he ends his book by describing the distinctive flags that now replace Spanish, German, Japanese, and American symbols of rule. the scene epitomizes a theme of the book: global political and economic forces, whether colonial or post-colonial, cannot erode the distinctiveness each island claims."—American Historical Review

Land Fictions

Author: D. Asher Ghertner

Publisher: Cornell University Press

Published: 2021-03-15

Total Pages: 342

ISBN-13: 1501753746

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Land Fictions explores the common storylines, narratives, and tales of social betterment that justify and enact land as commodity. It interrogates global patterns of property formation, the dispossessions property markets enact, and the popular movements to halt the growing waves of evictions and land grabs. This collection brings together original research on urban, rural, and peri-urban India; rapidly urbanizing China and Southeast Asia; resource expropriation in Africa and Latin America; and the neoliberal urban landscapes of North America and Europe. Through a variety of perspectives, Land Fictions finds resonances between local stories of land's fictional powers and global visions of landed property's imagined power to automatically create value and advance national development. Editors D. Asher Ghertner and Robert W. Lake unpack the dynamics of land commodification across a broad range of political, spatial, and temporal settings, exposing its simultaneously contingent and collective nature. The essays advance understanding of the politics of land while also contributing to current debates on the intersections of local and global, urban and rural, and general and particular. Contributors Erik Harms, Michael Watts, Sai Balakrishnan, Brett Christophers, David Ferring, Sarah Knuth, Meghan Morris, Benjamin Teresa, Mi Shih, Michael Levien, Michael L. Dwyer, Heather Whiteside

Bad Blood

Author: Colm Tóibín

Publisher: Picador

Published: 2023-11-28

Total Pages: 240

ISBN-13: 1761560867

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In the summer after the Anglo-Irish Agreement, when tension was high in Northern Ireland, Colm Tóibín walked along the border from Derry to Newry. Bad Blood is a stark and evocative account of this journey through fear and hatred, and a report on ordinary life and the legacy of history in a bleak and desolate landscape. Tóibín describes the rituals – the marches, the funerals, the demonstrations – observed by both communities along the border, and listens to the stories which haunt both sides. With sympathy and insight Bad Blood captures the intimacy of life along one of the most contested strips of land in Western Europe.

Land, Protest, and Politics

Author: Gabriel Ondetti

Publisher: Penn State Press

Published: 2010-11-01

Total Pages: 304

ISBN-13: 0271047844

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Brazil is a country of extreme inequalities, one of the most important of which is the acute concentration of rural land ownership. In recent decades, however, poor landless workers have mounted a major challenge to this state of affairs. A broad grassroots social movement led by the Movement of Landless Rural Workers (MST) has mobilized hundreds of thousands of families to pressure authorities for land reform through mass protest. This book explores the evolution of the landless movement from its birth during the twilight years of Brazil&’s military dictatorship through the first government of Luiz In&ácio Lula da Silva. It uses this case to test a number of major theoretical perspectives on social movements and engages in a critical dialogue with both contemporary political opportunity theory and Mancur Olson&’s classic economic theory of collective action. Ondetti seeks to explain the major moments of change in the landless movement's growth trajectory: its initial emergence in the late 1970s and early 80s, its rapid takeoff in the mid-1990s, its acute but ultimately temporary crisis in the early 2000s, and its resurgence during Lula's first term in office. He finds strong support for the influential, but much-criticized political opportunity perspective. At the same time, however, he underscores some of the problems with how political opportunity has been conceptualized in the past. The book also seeks to shed light on the anomalous fact that the landless movement continued to expand in the decade following the restoration of Brazilian democracy in 1985 despite the general trend toward social-movement decline. His argument, which highlights the unusual structure of incentives involved in the struggle for land in Brazil, casts doubt on a key assumption underlying Olson's theory.

Aboriginal Customary Law: A Source of Common Law Title to Land

Author: Ulla Secher

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 534

ISBN-13: 1782253769

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Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).