Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the 'police-man' state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.

The importance of simulation in education, specifically in legal subjects, is here discussed and explored within this innovative collection. Demonstrating how simulation can be constructed and developed for learning, teaching and assessment, the text argues that simulation is a pedagogically valuable and practical tool in teaching the modern law curriculum. With contributions from law teachers within the UK, Australia, Hong Kong, South Africa and the USA, the authors draw on their experiences in teaching law in the areas of clinical legal education, legal process, evidence, criminal law, family law and employment law as well as teaching law to non-law students. They claim that simulation, as a form of experiential and problem-based learning, enables students to integrate the 'classroom' experience with the real world experiences they will encounter in their professional lives. This book will be of relevance not only to law teachers but university teachers generally, as well as those interested in legal education and the theory of law.

This book is a comparative philosophical analysis of Melanesian communal land tenure and the 'Western' paradigm of private ownership. Inherent ideological tensions between Western development and communal ownership are highlighted while also drawing attention to conflict between principles of private ownership and environmental ethics.

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaell Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany. Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.

This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the threat of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of squatting .

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Moral Rhetoric and the Criminalisation of Squatting" explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes relating to political philosophy, social policy, criminal justice and the nature of ownership, considering how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.

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This book explores the relationship between space, subjectivity and property in order to invert conventional socio-legal understandings of property. Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion.

Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia s Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these spaces consist of networks of relations that revolve around belonging: not just belonging between subject and object, as property is traditionally understood, but also the less explored relation of belonging between the part and the whole.

This book therefore offers a conceptually useful way of analysing a wide range of socio-legal issues. It will be of relevance to those working in the area of property and legal geography, but also to those with more general interests in socio-legal studies, social and political theory, postcolonial studies, critical race studies and gender and sexuality studies."

Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aime Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.

Takes the reader step by step through the process of completing a survey and valuation on a residential property Addresses the basic skills required for valuation, the risks posed, key drivers of value, emerging issues, and key legal and RICS regulatory considerations There is no other book particularly addressed to this target market of residential surveyors appraising and surveying for lending purposes. i.e. for banks/mortgages Essential for students studying to enter the residential survey and valuation profession and for existing practitioners who wish to improve their knowledge of industry practices.

Blueprints provide a unique plan for studying the law, giving a visual overview of the vital building blocks of each topic and the various outside influences that come together in the study of law. This series enables the reader to place everything within memorable context and is useful in providing an overview of the law. Each text offers a clear understanding of legal study and an engaging introduction to each subject; presenting the study of law as both an academic subject and a force in society. The texts map to undergraduate law degree programmes and are tailored for use harmoniously alongside core law material.

Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.

Nominated for the Heritage Toronto Book Award * Longlisted for the Toronto Book Awards * A Globe and Mail Book of the Year * A CBC Books Best Canadian Nonfiction of 2021 From plantation rebellion to prison labour's super-exploitation, Walcott examines the relationship between policing and property. That a man can lose his life for passing a fake $20 bill when we know our economies are flush with fake money says something damning about the way we've organized society. Yet the intensity of the calls to abolish the police after George Floyd's death surprised almost everyone. What, exactly, does abolition mean? How did we get here? And what does property have to do with it? In On Property, Rinaldo Walcott explores the long shadow cast by slavery's afterlife and shows how present-day abolitionists continue the work of their forebears in service of an imaginative, creative philosophy that ensures freedom and equality for all. Thoughtful, wide-ranging, compassionate, and profound, On Property makes an urgent plea for a new ethics of care.

The globalization of housing finance led to the global financial crisis, which has created new barriers to adequate and affordable housing. It presents major challenges for current housing law and policy, as well as for the development of housing rights. This book examines and discusses key contemporary housing issues in the context of today's globalized housing systems. The book takes up the challenge of developing a new paradigm, working towards the possibility of an alternative future. Revolving around three constellations of writing by diverse contributors, each chapter sets out a clear and developed approach to contemporary housing issues. The first major theme considers the crisis in mortgage market regulation, the development of mortgage securitization and comparisons between Spain and Ireland, two countries at the epicentre of the global housing market crisis. The second thematic consideration focuses on housing rights within the European human rights architecture, within national constitutions, and those arising from new international instruments, with their particular relevance for persons with disabilities and developing economies. The third theme incorporates an examination of responses to the decline and regeneration of inner cities, legal issues around squatting in developed economies, and changes in tenure patterns away from home-ownership. This topical book will be valuable to those who are interested in law, housing rights and human rights, policy-making and globalization.

Affordable and Social Housing - Policy and Practice is a candid and critical appraisal of current big-ticket issues affecting the planning, development and management of affordable and social housing in the United Kingdom. The successor to the second edition of the established textbook An Introduction to Social Housing, the book includes new chapters, reflecting the focal importance of customer involvement and empowerment, regeneration and the Localism agenda which will have radical impacts on housing provision and tenure, as well as the town and country planning system which enables its development. There is also a new chapter on Housing Law in response to demand for a clear and signposting exposition of this often complex area. Reeves indicates how each theme affects the other, and suggests policy directions on the basis of past successes and failures. Paul Reeves takes a people-centred approach to the subject, describing the themes that have run through provision of social housing from the first philanthropic industrialists in the 19th Century though to the increasingly complex mixture of ownerships and tenures in the present day. The book is ideal for students of housing and social policy, and for housing professionals aiming to obtain qualifications and wanting a broad understanding of the social housing sector.

Clear, straightforward explanations and easy-to-follow examples ensure students' understanding of what is often considered a complex and difficult subject. Lively, humorous writing style and focus on real people and real situations help to bring equity and trusts to life, challenging preconceptions and engaging even the most resistant of students Focus on areas of contemporary interest and rapid recent development such as the family home; charities law and commercial uses of trusts to help students to see how the law impacts on individuals and businesses every day. Shorter, punchier and more accessible to a broader range of students than Alastair Hudson's classic textbook, this is sure to appeal to today's time-pressured law student. New edition updated to include the latest developments in case law.

Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt's Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city's establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates' actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt's city council's contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt's sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.

How are indigenous and local people faring in their dealings with mining and related industries in the first part of the 21st century? The unifying experience in all the resource-rich states covered in the book is the social and economic disadvantage experienced by indigenous peoples and local communities, paradoxically surrounded by wealth-producing projects. Another critical commonality is the role of law. Where the imposition of statutory regulation is likely to result in conflict with local people, some large modern corporations have shown a preference for alternatives to repressive measures and expensive litigation. Ensuring that local people benefit economically is now a core goal for those companies that seek a social licence to operate to secure these resources. There is almost universal agreement that the best use of the financial and other benefits that flow to indigenous and local people from these projects is investment in the economic participation, education and health of present generations and accumulation of wealth for future generations. There is much hanging on the success of these strategies: it is often asserted that they will result in dramatic improvements in the status of indigenous and local communities. What happens in practice is fascinating, as the contributors to this book explain in case studies and analysis of legal and economic problems and solutions.

In her study of anonymous infanticide news stories that appeared from 1822 to 1922 in the heart of the British Empire, in regional Leicester, and in the penal colony of Australia, Nicola Goc uses Critical Discourse Analysis to reveal both the broader patterns and the particular rhetorical strategies journalists used to report on young women who killed their babies. Her study takes Foucault's perspective that the production of knowledge, of 'facts' and truth claims, and the exercise of power, are inextricably connected to discourse. Newspaper discourses provide a way to investigate the discursive practices that brought the nineteenth-century infanticidal woman - known as 'the Infanticide' - into being. The actions of the infanticidal mother were understood as a fundamental threat to society, not only because they subverted the ideal of Victorian womanhood but also because a woman's actions destroyed a man's lineage. For these reasons, Goc demonstrates, infanticide narratives were politicised in the press and woven into interconnected narratives about the regulation of women, women's rights, the family, the law, welfare, and medicine that dominated nineteenth-century discourse. For example, the Times used individual stories of infanticide to argue against the Bastardy Clause in the Poor Law that denied unmarried women and their children relief. Infanticide narratives often adopted the conventions of the courtroom drama, with the young transgressive female positioned against a body of male authoritarian figures, a juxtaposition that reinforced male authority over women. Alive to the marked differences between various types of newspapers, Goc's study offers a rich and nuanced discussion of the Victorian press's fascination with infanticide. At the same time, infanticide news stories shaped how women who killed their babies were known and understood in ways that pathologised their actions. This, in turn, influenced medical, judicial, and welfare policies regar

In Sub-Saharan Africa, property rights law is an especially potent source of instability. As the worldwide post-Cold War era trend toward state-run property rights expansion clashes with longstanding customs and what many would consider bureaucratic incapacity, conflicts are inevitable. Many advocates from NGOs have argued that the region's manifold governance problems stem at least in part from the state's inability to enforce property rights. Instead, 'private' property rights regimes, largely independent of the state, have flourished. In recent years, there has, in fact, been a concerted effort to create stronger property rights laws, and in Where There is No Government, Sandra Joireman traces how this has played out in Ghana, Uganda, and Kenya. The problem is that while new, better laws might now be on the books, they effectively do not exist if they are not enforced-a fact that causes major problems for development. Those who possess land cannot legally prove it's theirs, and those who are often culturally prohibited from owning property, like women and migrants, have trouble exercising their legal rights to property. While there are those who may argue that African understandings of property law are relatively efficient and adaptable because they have evolved organically, Joireman contends that this view discounts one very likely possibility-that such systems are in fact predatory and favor elites. Operating from this assumption, she employs a series of novel measures to determine which types of property regimes promote social welfare and which hinder it. She concludes that while the sub-Saharan states usually have a monopoly over the use of force, they typically do not have control over property law. Bowing to customary understandings of property, they have largely ceded it to private actors (many of whom are criminal). If Africa is to develop in a manner that promotes broad social well being, a legalistic approach is inadequate-changes in statutes and laws are not enough. State institutions must be able and willing to enforce property rights if development is to occur. Where There is No Government is at once an authoritative and powerful account of this central dilemma in Africa, and a prescription for addressing it.

Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.

Reading God's will and a man's Last Will as ideas that reinforce one another, this study shows the relevance of England's early modern crisis, regarding faith in the will of God, to current debates by legal academics on the theory of property and its succession. The increasing power of the dead under law in the US, the UK, and beyond--a concern of recent volumes in law and social sciences--is here addressed through a distinctive approach based on law and humanities. Vividly treating literary and biblical battles of will, the book suggests approaches to legal constitution informed by these dramas and by English legal history. This study investigates correlations between the will of God in Judeo-Christian traditions and the Last Wills of humans, especially dominant males, in cultures where these traditions have developed. It is interdisciplinary, in the sense that it engages with the limits of several fields: it is informed by humanities critical theory, especially Benjaminian historical materialism and Lacanian psychoanalysis, but refrains from detailed theoretical considerations. Dramatic narratives from the Bible, Shakespeare, and Milton are read as suggesting real possibilities for alternative inheritance (i.e., constitutional) regimes. As Jenkins shows, these texts propose ways to alleviate violence, violence both personal and political, through attention to inheritance law.

This book proposes a significant reassessment of the history of Iraq, documenting democratic experiences from ancient Mesopotamia through to the US occupation. Such an analysis takes to task claims that the 'West' has a uniquely democratic history and a responsibility to spread democracy across the world. It also reveals that Iraq has a democratic history all of its own, from ancient Middle Eastern assemblies and classical Islamic theology and philosophy, through to the myriad political parties, newspapers and protest movements of more recent times. This book argues that the democratic history of Iraq could serve as a powerful political and discursive tool where the Iraqi people may come to feel a sense of ownership over democracy and take pride in endorsing it. This could go a long way towards mitigating the current conflicts across the nation and in stabilizing and legitimating its troubled democracy. Taking an interdisciplinary approach and referring to some of the most influential critical theorists to question ideological assumptions about democracy and its history, this book is useful to those interested in political and legal history, human rights and democracy.

What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors in this volume include a wide range of theorists and leading legal educators from the UK and the US.

This book explores how discussions of environmental policy increasingly require scholars and practitioners to integrate legal-economic analyses of property rights issues. An excellent array of contributors have come together for the first time to produce this magnificent book.

Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by 'lawyerization', but rather partly relocated to the 'public sphere' of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official 'majesty' intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain's legal system over the 'long eighteenth century'.

As the reproduction cost of housing has increased, consumers have made intensive use of existing dwellings. Conversions of the housing stock have regained prominence as a source of supply. This book introduces the accessory apartment and assesses its potential as an emerging resource for meeting local and national housing needs.

Although accessory apartments help meet some of the nation's housing needs, they are not entirely without problems. Some of these are environmental problems, such as physical alterations that are out of character with the design and appearance of surrounding structures, while other problems are cultural and ideological. The accessory apartment in a single-family house deviates from the image of housing, family, and neighborhood that prevails in American culture. It symbolizes a change in the way the single-family house is used and the kinds of people who live in it. These changes clash with the traditional meanings attached to the categories of residential zoning.

Martin Geller evaluates and answers the following questions throughout the text: How do we live with accessory apartments? Control their number? Ensure their soundness?--and maintain neighborhood standards? He focuses on the physical planning problems of conversions and examines the zoning issues they raise. This includes a realistic appraisal of the purposes of density and occupancy controls in exclusive single-family districts. The author provides new methods for regulation of density and occupancy which permit more flexible use of single-family housing to meet the housing needs of a more diverse population. Whether in an aging suburb or new tract, the accessory apartment is a current challenge. This book provides a clear headed approach toward a popular trend in the ever changing housing industry.