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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
Originally published in 1999, this book deals with the cultural and legal debates which have counterposed the right to free speech and the need to protect Christian sensibilities in Britain from the time of the French Revolution to the present day. Central to the book is a close study of the content and public reception of the anti-Christian literature of the 19th century associated with the names G.W.Foote and J.W. Gott, the Freethinker and The Truthseeker. David Nash here also examines a variety of critical-theoretical approaches to blasphemy and blasphemous writing, including postmodernism and the work of Foucault and Said. The book concludes with a detailed examination of 20th-century blasphemy cases, up to and including the Gay News case, The Last Temptation of Christ and Visions of Ecstasy.
Land Tax in Australia demonstrates how land tax operates and is administered across State and local governments in Australia. International expert Vincent Mangioni reviews the current status and emerging trends in these taxes in Australia and compares them with the UK, USA, Canada, Denmark and New Zealand. Using substantial original research, the author sets out what Australia must do through practice and policy to reform and bring this tax into the 21st Century. The need for fiscal reform and strengthening the finances of Australia's sub-national government is long overdue. These reforms aim to minimise the taxpayer revolts encountered in previous attempts at land tax reform, while improving tax effort in line with other advanced OECD countries. This book provides an essential resource for all property professionals working in development, valuation, law, investment, as well as accountants, tax economists and government administrators. It is highly recommended for students on property, taxation, legal and social science courses.
Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.
Written for first-time buyers who have never owned a property or had a mortgage, rather than buy-to-let investors. Provides a holistic view of the property purchase process, and examines several key aspects: property, mortgages, and legal considerations. Written by academics who have extensive practical experience in property and mortgages.
Private property's form is crucial to contemporary debates in land use and environmental policy and management. For some, restrictions on private property are so severe as to threaten the very freedoms property is designed to protect. For others, the realities of life in the 21st century require property's reshaping. The re-emergence of private property as an issue of social conflict within US policy and politics is explored in this comprehensive volume. Private property is central to American character, culture and democracy. The founding fathers understood it as key to the liberties America was designed to foster. However, over the last 200 years what one owns has evolved; ownership is different now than for an owner 200, 100, even 50 years ago. Harvey Jacobs has brought together an interdisciplinary, politically divergent group of contributors to speculate on private property's future. The ownership and control of privately owned lands is critical for many fields. Scholars, students, and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture will all find this volume of great interest.
This fourth edition of Urban Planning and Real Estate Development guides readers through the procedural and practical aspects of developing land from the point of view of both planner and developer. The twin processes of planning and property development are inextricably linked - it is not possible to carry out a development strategy without an understanding of the planning process, and, equally, planners need to know how real estate developers do their job. The planning system is explained, from the increasing emphasis on spatial planning at a national, local, and neighbourhood level down to the detailed perspective of the development management process and the specialist requirements of historic buildings and conservation areas. At the same time, the authors explain the entire development process from inception, through appraisal, valuation, and financing, to completion. Sustainability and corporate social responsibility and their impact on planning and development are covered in detail, and the future consequences of the COVID-19 pandemic are explored in new opening and closing chapters setting the text in a global context. Written by a team of authors with many years of academic, professional, and research experience, and illustrated throughout with practical case studies and follow-up resources, this book is an invaluable textbook for real estate and planning students and helps to meet the requirements of the RICS and RTPI Assessment of Professional Competence.
With cities increasingly following rigid rules for designing out crime and producing spaces under surveillance, this book asks how information shapes bodies, space, and, ultimately, policymaking. In recent years, public spaces have changed in Western countries, with the urban realm becoming an ever-more monitored, privatised, homogeneous, and aseptic space that has lost its character, uniqueness, and diversity in the name of 'security'. This underpins precise moral and political choices in terms of what a space should be, how it can be used, and by whom. These choices generate material consequences concerning urban inequality and freedom, or otherwise, of movement. Based on ethnographic and autoethnographic explorations in London's 'criminal' spaces, this book illustrates how rules, policies, and moral values, far from being abstract concepts, are in fact material. Outlining the basis of a new urban information ethics, the book both exposes and challenges how moral values and predefined categories are applied to, and materially shape, the movement of bodies in urban space with regard to crime and security policies. Drawing on Gilbert Simondon's information theory and a wide range of work in urban studies, geography, and planning, as well as in surveillance studies, object-oriented ontology, and contemporary theoretical work on both materiality and affect, the book provides a radically new perspective on urban space in general, and crime and security in particular. This book uses a balanced mix of theoretical concepts and empirical study to bring theory and practice together in an intertwining of ethnography and autoethnography. This book will be of interest to students and scholars in the fields of urban studies, urban geography, sociology, surveillance studies, legal theory, socio-legal studies, planning law, environmental law, and land law.
This book presents a critical analysis of the concept of 'adequate housing'. While the concept of adequate housing is used largely as a normative standard in the protection of housing rights and in the implementation of housing policies, its apparent objectivity and universality have never been questioned by political and legal theory. This book analyses and challenges the understanding of this term in law and politics by investigating its relationship with the idea of 'home'. 'It is necessary to provide them with adequate housing!' It is very common to hear this phrase when dealing with housing poverty, especially in relation to migrants, minorities, indigenous and other subaltern groups are concerned. But what does "adequate housing" mean? This book tackles this issue by proposing a critical analysis of this concept and of its use in the development of housing policies addressing the subaltern group par excellence in Europe, Roma. In so doing, it focuses on the lives of Roma and Sinti in Italy who have been the target of inclusion policies. Highlighting the emotional connection to housing, and dismantling some of the most 'common sense' ideas about Roma, it offers a radical revision of how social justice in the housing sector might be refigured. This book will be invaluable for scholars and students working on relevant themes in socio and critical legal studies, sociology, human rights, urban studies, human geography and Romani studies
This book analyses the nexus between land access and the extractive industries in Africa, specifically highlighting the gaps in energy, land and mining laws and the practical solutions needed to settle the increasing number of land disputes in resource-rich areas. Access to land is essential for the successful operation of energy and mining projects. However, there are often social, environmental and economic issues associated with acquiring land for these projects. Socially, many people are relocated; economically, local communities are not given adequate compensation; environmentally, pollution negatively impacts on the agricultural and fishing industries relied on by over 80% of the local communities. Against this stark background, and drawing from the author's fieldwork research, this book addresses the important question of whether the different land tenure systems, coupled with administration and registration procedures, are adequate to address the increasing land disputes in oil and mineral-rich African countries.
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
Land Use Law in Florida presents an in-depth analysis of land use law common to many states across the United States, using Florida cases and statutes as examples. Florida case law is an important course of study for planners, as the state has its own legal framework that governs how people may use land, with regulation that has evolved to include state-directed urban and regional planning. The book addresses issues in a case format, including planning, land development regulation, property rights, real estate development and land use, transportation, and environmental regulation. Each chapter summarizes the rules that a reader should draw from the cases, making it useful as a reference for practicing professionals and as a teaching tool for planning students who do not have experience in reading law. This text is invaluable for attorneys; professional planners; environmental, property rights, and neighborhood activists; and local government employees who need to understand the rules that govern how property owners may use land in Florida and around the country.
This book draws upon domestication science to undertake a radical reappraisal of the jurisprudence of property and intellectual property.
Felice Giardini and Professional Music Culture in Mid-Eighteenth-Century London explores Giardini's influence on British musical life through his multifaceted career as performer, teacher, composer, concert promoter and opera impresario. The crux of the study is a detailed account of Giardini's partnership with the music seller/publisher John Cox during the 1750s, presented using new biographical information which contextualizes their business dealings and subsequent disaccord. The resulting litigation, the details of which have only recently come to light, is explored here via a complex set of archival materials. The findings offer new information about the economics of professional music culture at the time, including detailed figures for performers' fees, the printing and binding of music scores, the charges arising from the administration of concerts and operas, the sale, hire and repair of various instruments and the cost of what today we would call intellectual property rights. This is a fascinating study for musicologists and followers of Giardini, as well as for readers with an interest in classical music, social history and legal history.
Recent rapid housing market expansion in China is presenting new challenges for policy makers, planners, business people, and citizens. Now that housing in middle-income China is driven by consumer choices and is no longer dominated by state policy decisions, housing policy issues in Chinese cities are becoming increasingly similar to those encountered in other global housing markets. With soaring prices and imbalances in housing supply favoring high income groups and housing demand driven by rising inequality in household incomes, many middle and lower-income households face worsening choices in terms of the quality and location of their housing as well as greater financial difficulties, which together can have negative implications for standards of public health. This book examines the impact of these changes on the general population, as well as on aspiring homeowners and developers. The contributors look at the effect on the widening of wealth gaps, slower economic growth, and threats to political and social stability. Though focusing on China, the editors also present discussions of specific policy design challenges encountered in Australia, Japan, Korea, the Netherlands, the Nordic countries, Singapore, Taiwan, the UK, and the US. This book would be of interest to housing policy makers, as well as academics who are studying the social and political effects of the Chinese housing market.
The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation * Land rights and the acquisition of traditional land rights * Issues surrounding 'public interest' *Alternatives to expropriation *The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.
Most up to date multi-national look at this complex and increasingly significant area of land and property law Chapters covering: UK, Australia, USA, Canada, China, Spain, Brazil, The Netherlands and Singapore
This book re-considers property law for a future of environmental disruption. As slogans such as "build the wall" or "stop the boats" affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.
This book re-considers property law for a future of environmental disruption. As slogans such as "build the wall" or "stop the boats" affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.
This book explores incentives capable of enhancing the effectiveness of urban planning systems in Sub-Saharan Africa using economic theory as a framework. It argues that urban planning is fundamental to the achievement of sustainable and resilient cities, but against the backdrop of rising levels of urbanisation and growth, poverty, informal development, and climate change, such systems are failing to be promoted and successfully maintained in the region. Across ten chapters, it analyses the connection between urban planning and socio-economic development, indicators of effective urban planning systems, and the role and influence of incentives with real-world evidence. It develops quantitative models to estimate the costs and benefits of urban planning systems, focussing on the developing world where organised data is less accessible. Using Ghana as a case study, it demonstrates a step-by-step approach on how to implement the quantitative models discussed. Economic Incentives in Sub-Saharan African Urban Planning will be useful reading for researchers, policy-makers, development agencies, and students in urban planning, sustainable development, and economics.
This book deals with Law of Waqf (Muslim Endowment Law) and its judicial response in India. The volume covers several jurisprudential and historical aspects of Waqf, which include Doctrines of Waqf; Essential Requisites of Waqf; Valid Objects of Waqf; Historical Account of Waqf; Emergence of Waqf Law in India; and Constitutional Validity of Waqf in India. The chapters then go on to discuss the Waqf Act 1995 and Waqf Amendment Act 2013. The legal perspectives of each Section of Waqf Act and its amendments are elucidated with references under Reflections. The case-law has been analysed and cited under each Section of Waqf Act, wherever applicable. This book will be of interest to scholars and researchers of law and legal studies. It will be of interest to practitioners of Waqf Jurisprudence in India, the managers of Waqf Institutions and officials involved in Waqf Administration.
This book delves into the Fast Track Land Reform Programme (FTLRP) in Zimbabwe to provide insight into how it facilitated the delivery of housing for low-income urban households. It highlights the politics of land reforms and the power of community engagement in housing development in urban areas. Prior to the FTLRP, the Zimbabwean governments had never embraced popular modes of housing production as key factors in urban development. In the area of low-income housing, informal housing schemes have always been treated with apathy and indifference. This left the conventional mode of housing production to be the only legitimate means to house low-income households despite its shortcomings. However, the onset of the FTLRP in 2000 resulted in homeless urban households grasping the opportunity to invade farms for housing development. Through the lenses of Marxism and Neoliberalism, this book analyses housing schemes that emerged and the overall impact of the FTLRP on housing and land delivery in Harare. This analysis is based on empirical evidence obtained from key informants and household surveys conducted in Harare. The authors argue that the FTLRP provided a platform for innovativeness by households, supported by the unpronounced national urban vision and prowess of the political leadership. Hence the success of these housing schemes can be measured by acquisition of land which guarantees households access to the city. However, some of these housing schemes pose challenges - key among them being lack of infrastructure. The book concludes by presenting a new model for effective delivery of land and housing for the urban poor. This is envisaged as a useful policy tool for urban planners, housing experts, land economists, urban and regional geographers, as well as sociologists, political scientists and social workers engaged in public administration of land and housing.
This fully revised and updated edition of Construction Contracts: Questions and Answers includes 300 questions and incorporates 42 new judicial decisions, the JCT 2016 updates and the RIBA Building Contracts and Professional Services Contracts 2018 updates. Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of previous editions, David Chappell continues to provide answers to real-world FAQs from his experience as consultant and Specialist Advisor to the RIBA. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects' instructions, adjudication and fees. Every question included has been asked of David Chappell during his career and his answers are authoritative but written as briefly and simply as possible. Legal language is avoided but legal cases are given to enable anyone interested to read more deeply into the reasoning behind the answers. This is not only a useful reference for architects, project managers, quantity surveyors and lawyers, but also a useful student resource to stimulate interesting discussions about real-world construction contract issues.
This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
Evictions in the UK examines the relationships between tenants, landlords, housing providers and government agencies and the tensions and conflicts that characterise these relations. The book shows how power dynamics are being reconfigured in the post-welfare context of the first quarter of the 21st century, as evictions for rent arrears are becoming one of the most significant threats to both the wellbeing of the social housing sector and the welfare of its tenants. Embracing both practical and critical approaches, this book offers a comprehensive understanding of the contradictory and thus controversial issue of evictions. It explores the range of perspectives involved in the practice - landlords carrying out evictions, those agencies providing legal assistance to evictees, as well as academics and institutions charged with researching and regulating the process. Drawing on three case studies relating to evictions across Scotland and England, this book provides a comprehensive look at the punitive consequences of poverty (evictions for rent arrears) and status (evictions under immigration law) that are applicable to social housing systems worldwide. Based on original, primary-source data, this book will be a key resource for academics and students as well as policy makers and practitioners in the fields of housing studies, planning, social welfare, and political sociology.
Evictions in the UK examines the relationships between tenants, landlords, housing providers and government agencies and the tensions and conflicts that characterise these relations. The book shows how power dynamics are being reconfigured in the post-welfare context of the first quarter of the 21st century, as evictions for rent arrears are becoming one of the most significant threats to both the wellbeing of the social housing sector and the welfare of its tenants. Embracing both practical and critical approaches, this book offers a comprehensive understanding of the contradictory and thus controversial issue of evictions. It explores the range of perspectives involved in the practice - landlords carrying out evictions, those agencies providing legal assistance to evictees, as well as academics and institutions charged with researching and regulating the process. Drawing on three case studies relating to evictions across Scotland and England, this book provides a comprehensive look at the punitive consequences of poverty (evictions for rent arrears) and status (evictions under immigration law) that are applicable to social housing systems worldwide. Based on original, primary-source data, this book will be a key resource for academics and students as well as policy makers and practitioners in the fields of housing studies, planning, social welfare, and political sociology. |
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