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Property & Peace - Insurgency, Strategy and the Statute of Frauds (Paperback)
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Property & Peace - Insurgency, Strategy and the Statute of Frauds (Paperback)
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The success of a society depends on formal, liberal property
regimes. The West's property regimes are successful because of the
high quality of evidence of everyday rights, the capacity of
citizenry and governments to implement the meaning of that
evidence, and because the basic rules which determine what can be
owned and who can be owners are liberal in measure appropriate to
the common understanding of justice. Formalized property
information feeds conflict resolution mechanisms by clearly
identifying owners, claimants, rights and duties; creates
stakeholders willing to support the rule of law; produces
landowners who are less inclined to engage in illegal behavior
because they risk forfeiture; and the records associated with
formal property provide a powerful forensic tool with which to
support peaceful conflict resolution processes, restitution
programs, and bring violators to justice. Outside the lines of
formal property lies possession by force. The gamut of societal
choices is few - formal property, internal violence, or tyranny.
People should not be led to choose tyranny over violence because
the condition of formal property has not been offered. This book
argues that the quality of foreign real-property systems be made a
priority issue in US thinking and strategy. A polity that does not
formalize ownership rights and duties, especially to land, will not
enjoy peace. Comprehensive, precise and transparent expression of
real property is a necessary precondition of peace. If by success
of a society we mean parallel improvement in freedom, material
prosperity and social peace, then construction of formal, liberal
property regimes and land-use systems is as important as elections
or prosecuting human rights violators. The process of formalizing
property, moreover, illuminates power and power relationships. It
also exposes the otherwise invisible lines of communication and
sanctuary that power over places provides.
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