One of the most pressing problems now facing commercial lawyers is to explain the principles which determine when a remedy is proprietary and when it is not. This book provides a broad overview of the subject. It examines representative business transactions which commonly give rise to legal or equitable interests in personal property. Its aim is to distil the fundamental principles understanding the relevant legal analyses. The result is to provide a more theoretically rigorous analytical framework for proprietary interests in personal property. The practical advantages of this are potentially twofold: new commercial transactions can be more effectively structured; in addtion, disputes between contracting parties can be more reliably resolved. Two features of the analysis are significant. The first is the elastic nature of proprietary interests in personal property. Although proprietary interests can be broadly classified as ownership or security interests, these are relative concepts which may be affected significantly by impinging contractual arrangements. The second feature is the necessary and intimate integration of law and equity. Equitable proprietary interests are remarkabldy prevalent; this prevalence is directly related to the apparent ease with which equity is able to convert particular personal obligations into proprietary interests.

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.

Under Pressure is about instigation and design in urban housing. Urban housing is a bellwether for economic, social, and political change. It varies widely in quality, typology, and audience and lies between the formal systems of urban infrastructure and the informal systems of daily life. Housing's complexity offers unique and exciting opportunities to architects. Its entwinement with private equity and public agencies presents important challenges amplified by urbanization. This book gathers and contextualizes relevant conversations in urban housing unfolding today across architecture through four topics: Learning from History, Changing Domesticities, Housing Finance and Policy, and Design and Material Innovation. The result is a multi-disciplinary amalgam of research and design intelligence from thought leaders in the fields of architecture, real estate, economics, policy, material design, and finance.

Under Pressure is about instigation and design in urban housing. Urban housing is a bellwether for economic, social, and political change. It varies widely in quality, typology, and audience and lies between the formal systems of urban infrastructure and the informal systems of daily life. Housing's complexity offers unique and exciting opportunities to architects. Its entwinement with private equity and public agencies presents important challenges amplified by urbanization. This book gathers and contextualizes relevant conversations in urban housing unfolding today across architecture through four topics: Learning from History, Changing Domesticities, Housing Finance and Policy, and Design and Material Innovation. The result is a multi-disciplinary amalgam of research and design intelligence from thought leaders in the fields of architecture, real estate, economics, policy, material design, and finance.

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.

There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights, these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights

This book is about changing the way we do public administration. It is about the wielding of administrative discretion in the implementation of a constitutional power: eminent domain, taking private property for public use. Administrative Discretion in Action: A Narrative of Eminent Domain, emphasizes the normative, constitutional perspective of public administration to study administrators' decision-making process that balances economic, political, and community interests-often in that order. It is about facilitating dialogue between public officials and the public. This book is a tool for interested scholars, practitioners, students, and community members about the dynamic of administration of public affairs in a political context. Grounded in public administration theory, this book utilizes an in-depth, comprehensive analysis of the US Supreme Court's landmark 2005 decision in Kelo v. New London-from the perspective of public officials and community members in the state of Connecticut (home of Kelo case)-to share a balanced narrative.

"Land Use Regulation" is well worth reading and should be of interest and value to teachers of land use and urban analysis, planning practitioners, public officials involved in land use planning, citizen groups, and concerned individuals.

"Shirley F. Weiss, Professor of City and Regional Planning, University of North Carolina, Chapel Hill"

Since the early 1960s land use issues have become increasingly important in American society. Suburban communities have found themselves in the path of urban growth or have felt rapid growth pressure from within. How policy can be developed to cope with mounting land use problems, and the role that regulation has in this policy, is the topic of this unique new volume. "Land Use Regulation" offers both students and planners an interdisciplinary analysis of land use involving economics, public policy, and court rulings. It discusses how the implementation of land use policies, which are supported by economic theory, occurs through the political process which, in turn, is guided by the judiciary. Garrett challenges the widely held view in favor of a free market approach to land use. Because of the problems that rapid growth impose on a local governing body and the conflicts that arise between citizens, the governing body, and landlord-developers, Garrett asserts that optimal land use can best be achieved through a combination of the free market and careful planning.

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.

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

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.

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.

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'.

The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

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.

National data indicates a surge in African-American suburbanization during the 1970s. What are the barriers that have slowed this process for so long? Is black entry to the suburbs synonymous with integration? To what extent does it contribute to convergence in the residential distributions of whites and blacks? This careful and thorough study marshals evidence that black suburbanization offers less than full realization of the American Dream.

Homeownership in the United States is a source of security, a sign of status, a means of equity accumulation, and a bond to the community. The basic premise underlying The New Suburbanitesis the preeminence of equal access. Survey data collected for this analysis pertains to successful homebuyers--whites and blacks who were able to negotiate safely the treacherous housing market conditions.

Specifically, Robert W. Lake draws from a unique survey of black and white homebuyers to assess the institutional and housing market barriers to black suburban homeownership. How does racial discrimination add to the cost, time, and difficulty of housing search for black homebuyers? What is the effect of discrimination on housing prices, resale value, and equity accumulation? What is behind the complexity of white and black attitudes to suburban racial integration? What is the perspective of the real estate agent, the key market intermediary? The book addresses each of these questions and concludes with a critique of present federal fair housing legislation and an assessment of policy implications.

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.

This important new guide to dilapidations is written by a surveyor for surveyors and will also appeal to anyone else who needs to understand this often-complex subject. The TFT Purple Book shines a light into dilapidations' darker recesses, identifying the legal context, best practice, the background to how and why dilapidations is dealt with as it is, and addresses areas of legal uncertainty. This comprehensive guide also highlights important topics which are often overlooked. It aims to serve as a single point of reference from which the reader can develop a solid foundation of knowledge. It even considers cattle, children and `chattels-vegetable' - and not many text books can make that boast. It includes chapters on: the classification of items; repair; reinstatement; the measures of loss; diminution valuations; supersession; engineering services; dispute resolution; interim dilapidations; break options; avoiding and minimising disputes; dilapidations in Northern Ireland; and dilapidations in Scotland. Opinion pieces are also included relating to: diminution valuations; the dilapidations protocol; and the roles of the building surveyor. The book accompanies the TFT Dilapidations Flowcharts and the TFT Two Step Approach to Supersession.

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.

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.

Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.

Over the course of the twentieth century, democracies demonstrated an uncanny ability to win wars when their survival was at stake. As this book makes clear, this success cannot be explained merely by superior military equipment or a particular geographical advantage. Instead, it is argued that the legal frameworks imbedded in democratic societies offered them a fundamental advantage over their more politically restricted rivals. For democracies fight wars aided by codes of behaviour shaped by their laws, customs and treaties that reflect the wider values of their society. This means that voters and the public can influence the decision to wage and sustain war. Thus, a precarious balance between government, parliament and military leadership is the backbone of any democracy at war, and the key to success or failure. Beginning with the sixteenth- and seventeenth-century writings of Alberico Gentili and Hugo Grotius, this book traces the rise of legal concepts of war between states. It argues that the ideas and theories set out by the likes of Gentili and Grotius were to provide the bedrock of western democratic thinking in wartime. The book then moves on to look in detail at the two World Wars of the twentieth century and how legal thinking adapted itself to the realities of industrial and total war. In particular it focuses upon the impact of differing political ideologies on the conduct of war, and how combatant nations were frequently forced to challenge core beliefs and values in order to win. Through a combination of history and legal philosophy, this book contributes to a better understanding of democratic government when it is most severely tested at war. The ideas and concepts addressed will resonate, both with those studying the past, and current events.

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.

This collection of essays is dedicated to Brian Harvey,the retired Professor of Property Law at the University of Birmingham. The contributions reflect his eclectic interests and bring new insights to issues of property law, both real and personal, consumer protection, auction sales and tax. Historical, human rights, public law, European Community and international aspects are addressed in addition to persistent domestic conveyancing concerns. Contributors: Peter Cook, David Feldman, Jonathan Harris, Tim Kaye, Jeremy McBride, Frank Meisel, Norman Palmer, Deborah Parry, David Salter, Carla Shapreau, John Stevens, Mark Thompson, Nick Wikeley and John Wylie.