From a neo-liberal, neo-classical paradigm, secure, formal and private property rights are crucial to fostering sustained development. Institutions that fail to respond to shifting socio-economic opportunities are thus forced to make new arrangements. The enigma is posed by developments on the ground. Why would the removal of authoritarian institutions during the Arab Spring or Iraq War not increase market efficiency but rather cause the reverse, while China and India, despite persisting insecure, informal and common institutions, featured sustained growth? This collection posits that understanding these paradoxes requires a refocusing from form to function, detached from normative assumptions about institutional appearance. In so doing, three things are accomplished. First, starting from case studies on land, it is ascertained that the argument can be meaningfully extended to labour, capital and beyond. Second, the argument validates the 'Credibility Thesis' - that is, once institutions persist, they fulfil a function. Third, the collection studies 'development, broadly construed', by including the modes of production and beyond, the rural and urban, the developed and developing. This is why it reviews property rights from China and India, to Turkey, Mexico and Malaysia, covering issues such as customary rights and privatization, mining and pastoralism, dam-building and irrigation, but also state-owned banks, trade unions and notaries. This book was originally published as a special issue of The Journal of Peasant Studies.

Land settlement schemes, sponsored by national governments and businesses, such as the Ford Corporation and the Hudson's Bay Company, took place in locations as diverse as the Canadian Prairies, the Dutch polders, and the Amazonian rainforests. This novel contribution evaluates a diverse range of these initiatives. By 1900, any land that remained available for agricultural settlement was often far from the settlers' homes and located in challenging physical environments. Over the course of the twentieth century, governments, corporations and frequently desperate individuals sought out new places to settle across the globe from Alberta to Papua New Guinea. This book offers vivid reports of the difficulties faced by many of these settlers, including the experiences of East European Jewish refugees, New Zealand soldier settlers and urban families from Yorkshire. This book considers how and why these settlement schemes succeeded, found other pathways to sustainability or succumbed to failure and even oblivion. In doing so, the book indicates pathways for the achievement of more economically, socially and environmentally sustainable forms of human settlement in marginal areas. This engaging collection will be of interest to individuals in the fields of historical geography, environmental history and development studies.

Based on a mixture of primary historical research and secondary sources, this book explores the reasons for the failure of the state in England during the twentieth century to regulate, tax, and control the market in land for the common or public good. It is maintained that this created the circumstances in which private property relationships had triumphed by the end of the century. Explaining a complex field of legislation and policy in accessible terms, the book concludes by asking what type of land reform might be relevant in the twenty-first century to address the current housing crisis, which seen in its widest context, has become the new land question of the modern era.

This volume analyses the importance of property rights on land which were transformed by the British in the form of colonial land revenue system in Andhra region of Madras Presidency. It initiates a discussion of the traditional production systems like irrigation, agricultural methods, etc., which were replaced by the colonial ones. It further shows how the small peasantry suffered under the new system. This book also deals with the relations between the colonial state, rich peasants, zamindars and peasants under the ryotwary and zamindary settlements, which were introduced at the beginning of the nineteenth century. It further examines how the peasantry lost their rights on lands and how it went under the control of merchants and rich peasant moneylenders. Consequently, de-peasantization, wage labour, and general agrarian impoverishment followed. The colonial legal system favoured zamindars, landlords and rich peasants against small peasants, who could not go to colonial courts due to heavy legal costs. The volume analyses in minute detail various Acts, which affected the property rights of peasants on their lands. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka.

This study presents the story of successes and failures of the treatment of security matters pertaining to territorial and boundary affairs in the maritime areas of the Persian Gulf, and at the same time provides an example of the impact of territoriality on world-wide maritime security.

'This book debunks in spectacular fashion some of the most treasured, over-inflated claims of the benefits of native title.' Professor Mick Dodson, ANU Centre for Indigenous Studies 'David Ritter's fascinating account of the evolution of the native title system is elegant and incisive, scholarly and sceptical; above all, unfailingly intelligent.' Professor Robert Manne, La Trobe University 'An unsentimental, richly informed account of a fascinating period in the history of Australia's relationships with its indigenous people.' From the Foreword by Chief Justice Robert French After the historic Mabo judgement in 1992, Aboriginal communities had high hopes of obtaining land rights around Australia. What followed is a dramatic story of hard-fought contests over land, resources, money and power, yielding many frustrations and mixed outcomes. Based on extensive research, enriched by intimate experience as a lawyer and negotiator, David Ritter offers both an insider's perspective and a cool-headed and broad-ranging account of the native title system. In lucid prose Ritter examines the contributions of the players that contested and adjudicated native title: Aboriginal leaders and their communities, multinational resource companies, pastoralists, courts and tribunals, politicians and bureaucrats. His account lays bare the conflicts, compromises and conceits beneath the surface of the native title process.

This volume engages with the topical issue of land rights in neoliberal India. It examines government policies, laws, land governance and land reforms from the perspective of social justice and people's response to dispossession of land. Looking beyond the dominant discourse of land acquisition and the conception of land as a commodity for economic growth, the book explores critical themes including issues of social identity, culture, livelihood and food security through a study of land reform; reviews existing land policies and legal dimensions; and discusses issues and challenges of land governance and land dependents as well as perspectives from people's movements. Lucidly written, based on empirical research, and comprehensive in its treatment of a contentious concern, this volume will be useful to scholars and researchers of economics and public policy, development studies, political science, and political economy. It will also interest scholars of South Asian studies and sociology.

This book is a critical examination of the place and role of land in Africa, the role of land in political formation and national identification, and the land as an economic resource within both national economic development and liberal globalization. Colonial and post-colonial conflicts have been rooted in four related claims: the struggle over scarce resources, especially access to land resources; abundance of natural resources mismanaged or appropriated by both the states, local power systems and multinationals; weak or absent articulated land tenure policies, leading to speculation or hybrid policy framework; and the imperatives of the global liberalization based on the free market principles to regulate the land question and mineral appropriation issue. The actualization of these combined claims have led to conflicts among ethnic groups or between them and governments. This book is not only about conflicts, but also about local policy achievements that have been produced on the land question. It provides a critical understanding of the forces and claims related to land tenure systems, as part of the state policy and its system of governance.

Deals with the modern predicament of the Rabha (or Kocha) people, one of India;s indigenous peoples, traditionally practising shifting cultivation in the jungle tracts situated where the Himalayan mountains meet the plains of Bengal. When the area came under British rule and was converted into tea gardens and reserved forests, Rabhas were forced to become labourers under the forest department. Today, large-scale illegal deforestation and the global interest in wildlife conservation once again jeopardize their survival. Karlsson describes the development of the Rabha people, their ways of coping with the colonial regime of scientific forestry and the depletion of the forest, as well as with present day concerns for wilderness and wildlife restoration and preservation. Central points relate to the construction of identity as a form of subaltern resistance, the Rabha;s ongoing conversion to Christianity and their ethnic mobilisation, and the agency involved in the construction of cultural or ethnic identities.

This volume explores the gendered dimensions of recent land governance transformations across the globe, shedding important light on how the intersection of these complex contemporary forces are reconfiguring livelihoods and impacting women s positions, their tenure security and their well-being. It brings together empirical community case studies from around the world that describe, historicize, and situate land (or land-based resource) governance transformation processes as a product of contemporary forces and country/regional specificities.

Each contribution carefully analyzes the gendered dimensions of these transformations exploring how women are impacted by and respond to these processes of change. It is structured around five major contemporary processes of land governance transformations: land registration and distribution initiatives; post-conflict reconstruction and resettlement; large-scale land acquisitions; reforms to common property regimes; and joint titling interventions. Each part includes chapters covering different countries and regions of the world that have undertaken these processes.

This book offers a comprehensive and nuanced understanding of how gender is differentially impacted by tenure transformations and how this is importantly driven by complex and multi-faceted contemporary forces and local specificities. This is an important academic contribution for sociology, anthropology, political science, economy, agronomy, geography, and many other natural and social sciences. It is also a valuable resource for applied fields and development policy as it includes very careful analyses of state of the art tenure programs and experiments being implemented and championed throughout the world.

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A fundamental aspect of the conflict between Palestinians and Israelis is the territorial dispute which began long before the State of Israel was established. Analysing the land tenure system in Palestine under the administration of the British Mandate, this book questions whether, and to what extent, the land tenure system in Palestine facilitated Zionist land acquisition. The research uses benchmarks elaborated in the guidelines of the United Nations Human Settlements Programme as its analytical starting point, and looks at the formation and implementation of the land tenure system in Palestine. It goes on to place the penetration of Zionism into the land tenure system within the theoretical context of a colonial-settler framework, employing information from land registry records located at the Jordanian Department of Lands. Providing a political-historical analysis of the land tenure system from the end of Ottoman Rule until the end of the British Mandate, this book will be of interest to scholars and students of Middle Eastern History, Imperial and Colonial History, and Middle Eastern Politics.

The Oneida Indians once owned millions of acres in what is now New York State, but their land has gradually been taken away from them by the State. The Indians were told they had no claim on the land, but continued to fight. This is an account of that fight, which they eventually won.

This is the first detailed "grass roots" account of Uzbekistan's protracted decollectivisation process. It explores continuity and the change in relations between rural communities, agricultural producers, and the local state authorities in the cotton-growing region of Khorezm. Built up during the Soviet period, the cotton sector has maintained its importance for the state and for rural communities in the years following independence, although economic parameters and social conditions have worsened significantly. Uzbekistan's agricultural reform path does not follow that of most post-socialist scenarios and continuity with the past remains strong. Despite seeming immobility, the local view on rural society presented in this book unveils an unexpectedly dynamic situation, characterized by shifts in patronage relations, struggles over legitimacy, and transformations in family structure and community life. Poised between the state, their communities, and an emerging stratum of absentee farm "sponsors," the focus is on the new farmers ("fermer") and their struggles for a place in rural society. What emerges from decollectivisation is a complexly articulated new agrarian concern: its new inequalities are rooted in the political economy of cotton. (Series: Halle Studies in the Anthropology of Eurasia - Vol. 23)

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.

Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues.

There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.

In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest."

Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform.

This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police.

"Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University

"Ellen Frankel Paul" is Deputy Director of the Social Philosophy and Policy Center, and is professor of political science and philosophy at Bowling Green State University. She is also an adjunct scholar at the Cato Institute.

Betrayed Trust is the first close, scholarly examination of African homestead society in Natal during the colonial period. Carefully researched and dispassionately written, it is an account of dispossession - and of what dispossession meant in real terms. John Lambert has added a very important dimension to the history of this region. In delineating the wider implications of land deprivation, he has provided vital background to the emotionally charged question of land redistribution.

Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues.

There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.

How is the legal conception of 'property' working to eradicate the global urban commons? Contemporary capitalism has advanced this process by producing rampant gentrification, socio-spatial stratification, and racial inequality. In Unsettling the City, Nicholas Blomley shows how the concept of 'property' helps to generate and underwrite these pervasive urban processes. But they are not uncontested. Showing how conflicting concepts of property are implicated in a host of social struggles in the contemporary city, he begins his study with the Pacific Northwest. From this base, Blomley moves to Pacific Rim cities in general, looking at gentrification, urban land, and postcolonialism in the Western US, Australia, and Western Canada - areas where one can see the stark collision between Western, neoliberal notions of property and the more egalitarian, communal view espoused by recently displaced (yet still present) native cultures.

De Coulanges original study provided a historical view of how land has become property which was then translated and published in 1891 by M. Ashley, not just to bring this study to an English reader but to provide a counter argument to Agrarian Communism. This edition also contains an introductory chapter on the origin of the manor house in England. This title will be of interest to students of History.

The essential moments of the Civil Rights Movement are set in historical context by the Pulitzer Prize-winning author of the magisterial America in the King Years trilogy--Parting the Waters; Pillar of Fire; and At Canaan's Edge.Taylor Branch, author of the Pulitzer Prize-winning America in the King Years trilogy, presents selections from his monumental work that recount the essential moments of the Civil Rights Movement. A masterpiece of storytelling on race and democracy, violence and nonviolence, The King Years delivers riveting tales of everyday heroes whose stories inspire us still. Here is the full sweep of an era that transformed America and continues to offer crucial lessons for today's world. This vital primer amply fulfills Branch's dedication: "For students of freedom and teachers of history."

Contents:
Part 1: Society, Culture and Rural Land
1. Citizenship and the Countryside
2. Culture, Citizenship and Rural Policy
3. Imagining the Rural
4. Book Structure: Towards Citizenship of the Rural
Part 2: Unpacking Citizenship
1. Introduction: Considering Citizenship
2. Citizenship: Status, Identity and Activity
3. Citizenship Theory and Legitimation
4. Globalization and the Fragmentation of Citizenship
5. (Re)spatialising Citizenship
6. The Land and the Citizen: Citizenship and Private Property Rights
7. Conclusion: Towards Fluid, Post-national Citizenship?
Part 3: UK Politics and the Citizenship Debate
1. Introduction
2. Society, State and Citizenship
3. Political Projects and Citizenship Rhetoric
4. Citizenship and Globalization
5. Conclusions: Alternative Agendas and Citizenship
Part 4: On Being Modern: Consolidating Citizenship in the Countryside
1. Ordering the Countryside, Ordering Citizens
2. The Agricultural 'Revolution' and the Redistribution of Rights
3. Land, Conflict and Citizenship Definition
Part 5: Enacting and Contesting Rights through History
1. Political Action and Citizenship
2. Citizenship, Destabilization and Dissent
3. Citizenship as Manipulating Space and Time
4. Diggers and Invaders
5. Conclusion
Part 6: Political Expediency, Localness and Active Citizenship
1. Introduction
2. Modern State, Postmodern Citizenship?
3. Citizenship and Activity: (Re)mapping and Weaving
4. 'Active' Citizenship: Status, Identity and Activity Revisited
5. Active Citizenship and the State
Part 7: Citizenship and the Countryside as Consumer Space
1. Introduction
2. Postmodern Politics, Media-tion and Communities of Interest
3. Citizenship, Consumers and Space/Place
4. Conclusion: Mobile Politics, Consumerism and the Rural
Part 8: Citizenship, Contingency and the Countryside
1. Multiple, Contingent and Inclusionary Citizenships?
2. Projects and Practices of Citizenship

This book is the first in-depth look at the past 120 years of struggle over the Oglala Lakota land base on Pine Ridge Indian Reservation in South Dakota. An unholy alliance between the federal government and regional economic interests has led to progressive disenfranchisement of the majority of the Oglala people, and to the development of an ethnically distinct class of Oglala who control the Pine Ridge Indian Reservation land base. The small group of so-called "mixed-blood" Oglala has come to control the grazing land on the reservation, and to exercise a disproportionate control of the Oglala Sioux Tribal Government. Conflicts growing out of that situation are central to understanding of the reservation situation.

This treatment of the modern predicament of the Rabha of Kocha people deals with their survival in the forest and their quest for identity. Rabhas are one of India's indigenous people, traditionally practising shifting cultivation in the jungle tracts where the Himalayan mountains meet the plains of Bengal. When the area came under British rule ans was converted into tea gardens and reserved forests, Rabhas were forced to become laboureres under the Forest Department. Today, large-scale illegal deforestation and the global interest in wildlife conservation once again jeopardise the survival of the Rabhas in the forest. The Buxa Tiger Reserve has recently become included in a World Bank programme for ecodevelopment. This description of the development of the Rabha peole covers their ways of coping with the colonial regime of scientific forestry and the depletion of the forest as well as with the present day concerns for wilderness and wildlife restoration and preservation. One of the central points of the book relates to the question of identity. The author discusses the Rabha's ongoing conversion to Christianity and their ethmic mobilisation. The main theoretical issue concerns the