This book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.

Regulating Law explores how the goals and policies of the new regulatory state are fundamentally reshaping jurisprudence in the domains of public law, private law, and the regulation of work and business. Fourteen areas of the core legal curriculum are reassessed from the standpoint of the impact of regulation on mainstream legal doctrine. The volume examines the collision of regulation by law with regulation by other means and provides an innovative regulatory perspective for the whole of law. To date, regulatory scholarship has mainly been applied to specific legislative programs and/or agencies for the social and economic regulation of business. In this volume, a cast of internationally renowned legal scholars each apply a 'regulatory perspective' to their own area of law. Their contributions provide a rich analysis of the limits and potential of legal doctrine as an instrument of control both in regulatory settings, and in settings traditionally immune from regulatory analysis. The result is an examination of the regulation of the doctrines of law itself, and of the way in which law regulates other forms of regulation and social ordering- law as subject and object of regulation.

Land is important to all aspects of human life and has a key role in the economic well-being of society therefore, land tenure, land ownership, and real property law is a critical part of any developed nation. Together, the processes of how land parcels are held; how they are defined, measured, and described to allow economic transactions; how they are marked to allow their use and defense; and how they are legally protected have allowed for the orderly possession and use of land. In doing so, these processes have also provided the basis for the advanced economy of most developed nations. Very often, these processes-land tenure, boundary surveying, and cadastral systems-are considered separately. They are very much interrelated, and none of these processes may be completely understood without an understanding of the others. Land Tenure, Boundary Surveys, and Cadastral Systems provides an introduction to land tenure, cadastral systems, and boundary surveying, including an understanding of the interrelationship of these areas and their role in land tenure and real property law. This is especially true considering the advent of georeferenced cadastral maps reflecting the location of land parcels relative to many other components of the physical and legal infrastructure. Although intended as a basic text for college-level surveying courses, this book should also be of significant value to cadastral mappers, real property attorneys, land title professionals, and others involved with land transactions.

Whale oil lit the cities and greased the machines of the Industrial Revolution. In light of its importance, competition between whalers was high. Far from courts and law enforcement, competing crews of American whalers not known for their gentility and armed with harpoons tended to resolve disputes at sea over ownership of whales. Left to settle arguments on their own, whalemen created norms and customs to decide ownership of whales pursued by multiple crews. The Law of the Whale Hunt provides an innovative examination of how property law was created in the absence of formal legal institutions regulating the American whaling industry in the eighteenth and nineteenth centuries. Using depositions, court testimony, logbooks, and other previously unused primary sources, Robert Deal tells an exciting story of American whalers hunting in waters from the North Atlantic to the South Pacific and the Sea of Okhotsk.

This book explores the relationship between space, subjectivity, and property in order to invert conventional socio-legal understandings of property. Moreover, 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 onto 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 therefore 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.

Why does America have a love affair with homeownership? For many, buying a home is no longer in their best interest and may actually harm their children's educational opportunities. This book argues that U.S. leaders need to reevaluate all housing policies and develop new ones that ensure that all Americans have greater access to affordable housing whether rented or owned. After describing homeownership's most common myths, the book shows why the financial circumstances America's financial underclass now face make it impossible for them to benefit from homeownership because they cannot afford to buy homes. The book then exposes the risks of home buying while brown or black by discussing U.S. policies that made it easier for whites to buy homes easily and cheaply, but harder and more costly for blacks and Latinos to do so. The book argues that remaining traces of racial discrimination and certain demographic features continue to make it harder for blacks and Latinos to receive homeownership's promised benefits."

Learn to be a good investigator and a successful retracement surveyor
In the era of CSI, forensic science has taken on an unaccustomed glamor. The fact is, forensic science plays as crucial a role in the field of land surveying and title investigation as it does in flesh-and-blood criminology. Land location, the stability of property lines, and the sanctity of title documents are of utmost interest to the legal system in general, and the court system in particular.
Forensic Procedures for Boundary and Title Investigation is the first book to present the application of investigative forensic techniques to the field of land boundary retracement. Covering basic logic, document research, and the interpretation of physical evidence on site, Forensic Procedures for Boundary and Title Investigation is an indispensable guide for?surveyors faced with a difficult retracement having little or faulty evidence.
Demonstrating the techniques that can be applied to boundary location, this fascinating and useful introduction to forensic science:
*
Covers basic logic with tips for avoiding assumptions during the investigation that might result in error and bad conclusions
*
Explains the standard operating procedures, common to all forensics fields, for the protection of scenes, evidence collection, and photography
*
Provides detailed information on records research, reconstructing historical documentation, dealing with damaged documentation, and interpreting historic records containing antiquated measurements and wording
*
Includes a unique presentation of physical evidence investigation techniques including interpreting stone, wood, and metal evidence found on site
*
Takes an international approach, presenting universal investigative techniques and methods beyond the specifics of any single country
*
Includes advice on using the Internet for research and how to draw upon surprising sources of historic information such as postcards, advertisements, and family histories

This extensive treatment is sure to become a standard reference work for professionals in many fields related to land investigation as well as a practical text for the training of investigators in the evidence recovery and interpretative processes leading to successful property location and ownership.

This book constitutes Volume II of a set of two Volumes. Volume II considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals, including the SADC Tribunal and the Washington based International Centre for the Settlement of Investment Disputes (ICSID). It shows that land relations in the SADC have always been, and will perhaps remain a matter for constitutional regulation. Because constitutional laws defer to no other laws except by constitutional design, legal contests appear to be the least likely means by which these disputes will eventually be settled in the sub-region. Only human rights inspired policies that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, and also to the developmental aspirations of these States hold the most potential to resolve these disputes. The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH's potential and benefits would be enormous.

This book constitutes Volume I of a set of two Volumes. Volume I attempts a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC) in light of intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. Cultural, economic and political drivers at the core of SADC land issues are examined for their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. The book shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. Therefore, the book recommends a sophisticated systematic new approach to SADC land issues. That approach is developed in Volume II of this series: Re-conceiving Property Rights in the new millennium - Towards a New Sustainable Land Relations Policy.

The Scottish landscape is justly famed for its beauty and diversity, and Scots law provides good opportunities for people to enjoy access to this land. This book aims to provide a user-friendly guide to the law of access in Scotland. It explains how the law works to regulate access to Scotland's outdoors, who might be entitled to access land or inland waters, and the activities people are entitled to do there. An understanding of the multilayered framework of the law is crucial to clarify the rights and responsibilities of users and landowners/occupiers, and to minimise and resolve conflict. This book will be of particular value to access professionals and advisers but is also suitable for general readers who are broadly interested in the subject or are seeking an answer to a specific point. The Scottish Rights of Way and Access Society ('ScotWays') is a charitable body dedicated to providing information and assistance about responsible access to land. It commends this book to all who cherish our country.

Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. As neo-institutional development theory has become a narrative in global history and political economy, the problem of promoting global development has arisen from creating the conditions for 'good' institutions to take root in the global economy and in developing societies. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized 'rules of the game' and their economic and social outcomes. This collection of essays is of great interest to those who study economic history, historical sociology and economic sociology, as well as Agrarian and rural history.

Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies. Addressing law's relationship to land and natural resources through its property regime, Lawscape engages the abstract philosophy of property law with the material environments of place. Whilst most accounts of land law have contributed cultural analyses of historical and political value predominantly through the lens of property rights, few have contributed analyses of the natural consequences of property law through the lens of property responsibilities. Lawscape does this by addressing the relationship between the commodification of land, instituted in and by property law, and ecological and economic histories. Its synthesis of property law and environmental law provides a genuinely transdisciplinary analysis of the particular cultural concepts and practices of land tenure that have been created, and exported, across the globe.

Lawscape: Property, Environment, Law considers the ways in which property law transforms both natural environments and social economies. Addressing law's relationship to land and natural resources through its property regime, Lawscape engages the abstract philosophy of property law with the material environments of place. Whilst most accounts of land law have contributed cultural analyses of historical and political value predominantly through the lens of property rights, few have contributed analyses of the natural consequences of property law through the lens of property responsibilities. Lawscape does this by addressing the relationship between the commodification of land, instituted in and by property law, and ecological and economic histories. Its synthesis of property law and environmental law provides a genuinely transdisciplinary analysis of the particular cultural concepts and practices of land tenure that have been created, and exported, across the globe.

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

An outstanding reference that demystifies the legal process for expert witnesses in land and natural resource disputes

A vast and complex body of laws surrounds the ownership and disposition of land resources today--so it is no wonder that land experts who assist in land and natural resource disputes often find themselves grappling with the challenging intricacies of the modern legal process. This book offers a vital road map through the labyrinth of civil laws and procedures that professionals who assist in such cases must navigate.

In Surveying the Courtroom, Second Edition, John Briscoe explains--in plain English--all pertinent rules of evidence and procedure. From the filing of a complaint to its resolution, he guides you through each phase of a land or natural resource lawsuit, clearly describing the land expert's role at each step along the way. He supplies numerous fascinating and instructive case studies and vignettes to illustrate his points and to better prepare you for crucial developments that may arise during the course of a trial. He also provides copious references to applicable codes, statutes, and court decisions, making it easier for you to find the resources needed to verify or refute points, or to arrive at a more profound understanding of a particular subject.

Surveying the Courtroom, Second Edition is an indispensable working resource for land surveyors, title abstractors, property appraisers, geologists, hydrologists, geographers, oceanographers, civil and environmental engineers, and all other professionals who are called upon to help courts reach decisions in land and natural resource disputes.

Compulsory Purchase and Compensation is the essential guide to this complex and increasingly relevant area of the law. Now in its eleventh edition, no other book presents the same level of information on the law relating to compulsory purchase and compensation in England and Wales in such an accessible way. The best-selling book on the subject, previous editions have been used by professionals and students alike in order to gain a full understanding of a key subject for any surveyor or lawyer. The book is also especially suited to those coming to this complex subject without a specific background in the law and ideal reading for those students taking planning and built environment law modules. Surveyors in particular will find this book invaluable. This new edition has been extensively revised and reflects the changes to the law in the Housing and Planning Act 2016 and the Neighbourhood Planning Act 2017, and also recent decisions of the courts and the Upper Tribunal, all of which will be of particular interest to those working on cases related to HS2, the proposed high-speed railway line from London to Birmingham, Leeds and Manchester.

The community land trust is an innovative form of tenure that combines common ownership of land with individual ownership of any buildings that are located upon that land. It first appeared in the United States forty years ago. An outgrowth of the southern Civil Rights Movement, the community land trust (CLT) was conceived originally as a mechanism for African-American farmers to gain access to agricultural land. It soon found many other uses, including affordable housing and neighborhood revitalization. It soon spread to urban, suburban, and rural communities throughout the country. There are now over 200 CLTs in 44 states and the District of Columbia. They are appearing in other countries as well, with CLTs being developed in Canada, England, Scotland, and Australia.
The Community Land Trust Reader brings together for the first time the seminal texts that inspired and defined the CLT. Selections trace the intellectual origins of an eclectic model of tenure that was shaped by the social theories of Henry George, Ebenezer Howard, Ralph Borsodi, and Arthur Morgan and by social experiments like the Garden Cities of England and the Gramdan villages of India. The Reader does not look only to the past, however. Many of its 46 essays and excerpts examine contemporary applications of the CLT in promoting homeownership, spurring community development, protecting public investment, and capturing land gains for the common good. The Reader also looks ahead to challenges and opportunities likely to affect the future development of CLTs, here and abroad.

Thoroughly interdisciplinary in approach, this volume examines how concepts such as the exercising of power, the distribution of justice, and transgression against the law were treated in both textual and pictorial terms in works produced and circulated in medieval French manuscripts and early printed books. Analysing texts ranging from romances, political allegories, chivalric biographies, and catalogues of famous men and women, through saints' lives, mystery plays and Books of Hours, to works of Roman, canon and customary law, these studies offer new insights into the diverse ways in which the language and imagery of politics and justice permeated French culture, particularly in the later Middle Ages. Organized around three closely related themes - the prince as a just ruler, the figure of the judge, and the role of the queen in relation to matters of justice - the issues addressed in these studies, such as what constitutes a just war, what treatment should be meted out to prisoners, what personal qualities are needed for the role of lawgiver, and what limits are placed on women's participation in judicial processes, are ones that are still the subject of debate today. What the contributors show above all is the degree of political engagement on the part of writers and artists responsible for cultural production in this period. With their textual strategies of exemplification, allegorization, and satirical deprecation, and their visual strategies of hierarchical ordering, spatial organization and symbolic allusion, these figures aimed to show that the pen and paintbrush could aspire to being as mighty as the sword wielded by Lady Justice herself.

A comprehensive reference for the growing field of environmental law, this important legal primer defines and interprets the statues and federal policies that protect archeological resources in land and water environments.

This book traces the development of the standard property rights over five kinds of natural resource - inland rivers, ocean fisheries, petroleum resources, gold and base metals and forest resources - from classical times through to the 19th century. Completely private resources and those in the public (or Crown) lands are given equal attention and a simple supply-and-demand model is used to explain how property rights are altered over time.
Scott also provides the reader with a unique set of characteristics for defining rights and numerous case studies and examples of their evolution, highlighting the increasing recourse to common law courts and government legislation and the problems caused by competing demands on the same, limited resources. This book provides a unique insight into the historical development of property rights and makes a special plea for the multiple-purpose and multi-owner management of resource rights. It will provide a valuable resource for those interested in resource management, economic history, property rights, and development.

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.