The interaction of faith and the community is a fundamental of modern society. The first country to adopt Presbyterianism in its national church, Scotland adopted a system of church government, which is now in world-wide use. This book examines the development and current state of Scots law. Drawing on previous material as well as discussing current topical issues, this book makes some comparisons between Scotland and other legal and religious jurisdictions. The study first considers the Church of Scotland, its 'Disruption' and statutorily recognised reconstitution and then the position of other denominations before assessing the interaction of religion and law and the impact of Human Rights and various discrimination laws within this distinctive Presbyterian country. This unique book will be of interest to both students and lecturers in constitutional and civil law, as well as historians and ecclesiastics.

Violence and community were intimately linked in the ancient world. While various aspects of violence have been long studied on their own (warfare, revolution, murder, theft, piracy), there has been little effort so far to study violence as a unified field and explore its role in community formation. This volume aims to construct such an agenda by exploring the historiography of the study of violence in antiquity, and highlighting a number of important paradoxes of ancient violence. It explores the forceful nexus between wealth, power and the passions by focusing on three major aspects that link violence and community: the attempts of communities to regulate and canalise violence through law, the constitutive role of violence in communal identities, and the ways in which communities dealt with violence in regards to private and public space, landscapes and territories. The contributions to this volume range widely in both time and space: temporally, they cover the full span from the archaic to the Roman imperial period, while spatially they extend from Athens and Sparta through Crete, Arcadia and Macedonia to Egypt and Israel.

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.

Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible. Subjects examined in this book include: the new rules on forfeiture the new rules on ground rents service charge recovery enforcing county court judgments the new procedures and jurisdictions of the Leasehold Valuation Tribunals enforcing repairs neighbour disputes and nuisance cases injunctions and specific performance costs and administration charges alternative dispute resolution. Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.

This title was first published in 2003. Bringing together the two fields of land reform and law, this volume examines the role the law and lawyers can, should, and do play in developing countries in the evolution of land policies, in land tenure reform, and in the reform of land use and urban planning. Providing both a theoretical and practical perspective it discusses the role of law in both urban land reform, concentrating on reforms in land use and town and country planning law and general national land reform, looking at specific case studies and at more general themes. It provides a coherent set of ideas and philosophies about land reform through the medium of law, which have been developed through reflection and action over a considerable period of time.

The 2008 outcry over the "global land grab" made headlines around the world, leading to a sustained interest in the dynamics and fate of customary land among both academics and development practitioners. In Power/Knowledge/Land, author Laura German profiles the consolidation of a global knowledge regime surrounding land and its governance within international development circles in the decade following this outcry, and the growing enrollment of previously antagonistic actors within it. Drawing theoretical insights on the inseparability of power and knowledge, German reveals the dynamics of knowledge practices that have enabled the longstanding project of commodifying customary land - and the more contemporary interests in acquiring and financializing it - to be advanced and legitimated by capturing the energies of socially progressive forces. By bringing theories of change from the emergent land governance orthodoxy into dialogue with the ethnographic evidence from across the African continent and beyond, concepts masquerading as universal and self-evident truths are provincialized, and their role in commodifying customary land and entrenching colonial futurities put on display. In doing so, the volume brings wider academic debates surrounding productive forms of power into the heart of the land grab debate, while enhancing their accessibility to a wider audience. Power/Knowledge/Land takes current scholarly debates surrounding land grabs beyond their theoretical moorings in critical agrarian studies, political economy and globalization into contemporary debates surrounding the politics of knowledge--from theories of coloniality to ontological anthropology, thereby enabling new dynamics of the phenomenon to be revealed. The book deploys a pioneering epistemology integrating deconstructionist approaches (to reveal the tactics, truth claims and ontological assumptions of global knowledge brokers), with systematic qualitative reviews and comparative study (to contrast these dominant constructs with the evidence and reveal alternative ways of knowing "land" and practicing "security" from the ethnographic literature). This helps to reveal the Western and modernist biases in the narratives that have been advanced about women, custom, and security, revealing how the coloniality of knowledge works to grease the wheels of land takings by advancing highly provincialized constructs aligned with western interests as universal truths.

International Law and Infectious Diseases is the first comprehensive analysis of the intersection between international law and infectious diseases. Infectious diseases pose a global threat, and international law plays an important but under-explored role in infectious disease control. The book analyses the globalization of public health; and it examines the history of international law in this area, the International Health Regulations, and international law on trade, human rights, armed conflict and arms control, and the environment. Fidler develops the concepts of microbialpolitik and global health jurisprudence to provide a political perspective and a framework for future legal action. The aim of this series of monographs is to publish important and original pieces of research on all aspects of public international law. Topics that are given particular prominence are those, which, while of interest to the academic lawyer, also have important bearing on issues which, touch the actual conduct of international relations. None the less the series is wide in scope and includes monographs on the history and philosophical foundations of international law.

Law mattered in later medieval England and Ireland. A quick glance at the sources suggests as much. From the charter to the will to the court roll, the majority of the documents which have survived from later medieval England and Ireland, and medieval Europe in general, are legal in nature. Yet despite the fact that law played a prominent role in medieval society, legal history has long been a marginal subject within medieval studies both in Britain and North America. Much good work has been done in this field, but there is much still to do. This volume, a collection of essays in honour of Paul Brand, who has contributed perhaps more than any other historian to our understanding of the legal developments of later medieval England and Ireland, is intended to help fill this gap. The essays collected in this volume, which range from the twelfth to the sixteenth century, offer the latest research on a variety of topics within this field of inquiry. While some consider familiar topics, they do so from new angles, whether by exploring the underlying assumptions behind England's adoption of trial by jury for crime or by assessing the financial aspects of the General Eyre, a core institution of jurisdiction in twelfth- and thirteenth-century England. Most, however, consider topics which have received little attention from scholars, from the significance of judges and lawyers smiling and laughing in the courtroom to the profits and perils of judicial office in English Ireland. The essays provide new insights into how the law developed and functioned within the legal profession and courtroom in late medieval England and Ireland, as well as how it pervaded the society at large.

This is a study of the history and function of the highest ecclesiastical tribunal, the Sacra Romana Rota, from the twelfth to the sixteenth centuries. Despite its importance for Christendom and in contrast with other important papal offices, the activity of the Rota has never been thoroughly investigated on the basis of archival sources, in large part due to the vast source material and the perceived "difficulty" of the subject. This book fills this significant gap by explaining how the Rota functioned-its organization, the phases of a Rota process, everyday practices at the tribunal-and the kinds of issues it handled, where the processes originated from and how long they lasted. The study demonstrates that the Rota dealt with a range of cases much broader than has previously been acknowledged, whilst also confirming that the tribunal mainly oversaw litigation over benefices. The results of this research reveal the true role of the Rota and its significance for Christians from the middle ages to the dawn of the Reformation.

The role of the third surveyor often lacks clarity even sometimes to those in the industry. This book aims to clear any misconceptions about the responsibilities of the third surveyor and outlines the steps taken in choosing a professional for this role, as well as discussing who may carry it out.

Key provisions of the Land Registration Act 2002 provide the legal framework for electronic conveyancing. This book will explain the legislative framework and the current proposals - including the key issues of security and authorisation - and will highlight the points that need to be addressed by practitioners in order to qualify for access to the new system. Electronic conveyancing will not be with us until 2006 and this book will take a thematic approach, highlighting the main practical issues arising from the new law and providing precedents and checklists to help busy conveyancers to manage the risks. This book will seek to highlight - and to give practical advice on - the day to day requirements of the new regime, and to promote sensible and cost-effective management of the risks.

This book surveys secondary literature on the biggest questions that have animated the field of Islamic law since its beginnings. It offers scholars and graduate students a comprehensive and authoritative state-of-the-art review of research in a particular area.

This title was first published in 2001. In the tight frame of its first twenty years, Massachusetts Bay dramatically altered its constitutional order from a theocracy to an oligarchy, led by magistrates who created their own authority and defined the limits on their almost unlimited power. Debating-and Creating-Authority examines this shift in constitutional order at various levels and looks in particular at the efforts to create the theocracy and its subsequent collapse in terms of a fundamental democratical flaw at the centre of the theocratic ideal.

First published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination of private law.

A treasury of law relating to many different types of property in the South Pacific region: an area of cultural diversity, economic development and strong tradition. While land remains of key significance, other forms of property, ranging from custom property to intellectual property, are also important. Encompassing the legal systems of over a dozen independent countries - together with cross-references to property law derived from the common law and customary law of Australia, New Zealand and North America, as well as the common law of England - the authors bring together a wealth of diverse and scattered sources. They present a picture of the law of property as it exists today and offer some thoughts on the challenges and legal difficulties facing the region as its people and economies evolve.

This book will be essential reading for anyone involved in the management of blocks of flats, or considering acquiring the management of their block. Written by a lawyer well versed in leasehold law, the book's aim is to give a practical guide to a wide variety of management issues, concentrating especially on the pitfalls presented by the Commonhold and Leasehold Reform Act 2002 and how they may be avoided or overcome.

A unique, practical guide to watercourse law

This comprehensive guide offers complete, readable explanations of the legal issues and evidence procedures related to the location of the property boundaries of lands adjacent to watercourses.

Beginning with a clear examination of the basics of land title and the legal principles defining property boundary movement, it discusses property boundary determination for a broad range of different watercourse environments–including open ocean coast, estuarine areas, tidal rivers, non-tidal rivers and navigable streams, and navigable lakes. This book will equip readers with:

• A basic understanding of the land title and boundary system
• A framework for analyzing disputes about the boundary of property adjacent to a waterbody tailored to the specifics of each type of physical regime
• Insight to recognize when expert consultation is required to resolve a dispute and how to make the consultation useful and productive
• Case studies illustrating the actual application of the laws discussed

Because of its extensive information and easy-to-use format, Water Boundaries is the ideal resource for surveyors and lawyers confronted with riparian or littoral property boundary issues.

Globalising British Policing demonstrates how the policing system in place in Britain today has emerged from an historical overlap of two broad policing models: a civil (English) and a semi-military (colonial) tradition. Until relatively recently colonial policing received considerably less scholarly attention than the policing of mainland Britain. This volume comprises four sections: section I considers works on British colonial policing up until the Second World War; section II moves to post-war colonial policing through the era of decolonisation; section III looks more closely at the policing of Northern Ireland, and, section IV shows how the meshing of these policing systems are currently contributing to the globalisation of British policing today.

This book is a thorough introduction to the film of Tomas Gutierrez Alea, Cuba's leading filmmaker. It covers all of Alea's 12 feature films, examining in depth his three best films within the context of revolutionary Cuba.

These essays, in a second collection by Professor Kelly, investigate legal and religious subjects touching on the age and places in which Geoffrey Chaucer lived and wrote, especially as reflected in the more contemporary sections of the Canterbury Tales. Topics include the canon law of incest (consanguinity, affinity, spiritual kinship), the prosecution of sexual offences and regulation of prostitution (especially in the Stews of Southwark), legal opinions about wife-beating, and the laws of nature concerning gender distinction (focusing on Chaucer's Pardoner) and the technicalities of castration. Sacramental and devotional practices are discussed, especially dealing with confession and penitence and the Mass. Chaucer's Prioress serves as the starting point for a treatment of regulations of nuns in medieval England and also for the presence, real and virtual, of Jews and Saracens (Muslims and pagans) in England and conversion efforts of the time, as well as sympathetic or antipathetic attitudes towards non-Christians. Included is a case study on the legend of St Cecilia in Chaucer and elsewhere, and as patron of music; and a discussion of canonistic opinion on the licit limits of medicinal magic (in connection with the ministrations of John the Carpenter in the Miller's Tale).

This title was first published in 2002: Becoming Delinquent: British and European Youth, 1650-1950 provides a critical synthesis of the growing body of work on the history of British and European juvenile delinquency. It is unique in that it analyzes definitions of and responses to, disorderly youth across time (from the mid-seventeenth to the mid-twentieth centuries) and across space (covering developments across Western Europe). This comparative approach allows it to show how certain themes dominated European discourses of delinquency across this period, not least panics about urban culture, poor parenting, dangerous pleasures, family breakdown, national fitness and future social stability. It also shows how these various threats were countered by recurring strategies, most notably by repeated attempts to deter delinquency, to divide responsibility between the state, civil society and the family, and to find a "proper" balance between moral reform and physical punishment, between care and control.

On 11 November 2001,the People's Republic of China officially became a member of the World Trade Organisation. During the preceding two decades China emerged as a major trading and maritime nation, has adopted more than twenty maritime related laws and has ratified most of the important international maritime conventions. Maritime Law and Policy in China contains new translations of all the major maritime laws of the People's Republic of China together with detailed explanations of the rationale behind the legislation. A comprehensive examination of the Maritime Code 1992 is included as is a new translation of the Maritime Procedure Law of the People's Republic of China 1999, which lays down the jurisdiction of the maritime courts in China and provides for matters such as arrest of ships, orders for security and maritime injunctions. China's ratification of the international maritime conventions is also examined in detail. This title will be an indispensable reference work for maritime lawyers, marine insurers, P I Clubs, shipping companies and all trading companies conducting business with China.

This book brings together a team of leading authorities on land law to analyse the key debates and policy issues in this area of the law, with the main chapters addressing proprietary and non-proprietary rights, registration, easements, leases, co-ownership and trusts, mortgages and land law and human rights. Many of the policies and assumptions which underlie land law have immense significance in economic, social and emotional terms upon individuals lives. This book set out to analyse the current tensions within land law, such as the conflicting needs for certainty and fairness, and the difficult balance which has to be drawn between protecting existing property rights and simplifying conveyancing to ensure the easy transfer of land. Particular attention is paid to the likely impact of the Human Rights Act. Land Law: issues, debates, policy will be essential reading for students, practitioners and others seeking an understanding of the key issues and debates surrounding this area of the law.

"Property Rights: From Magna Carta to the Fourteenth Amendment" breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters.

Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard.

The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.