In Zimbabwe, as in many other parts of Africa, agriculture is the principal source of livelihood for widows and orphans. Within this reality, a groundbreaking study was commissioned to investigate the land and property rights of women and orphans in Zimbabwe in the context of HIV/AIDS. It also examines the coping strategies, in terms of land-related livelihoods, adopted by widows and other vulnerable women affected by the pandemic.
Author: Hanri Mostert
Publisher: Springer Science & Business Media
Release Date: 2002-01-01
The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.
Author: Dr Andrew McWilliam
Publisher: Ashgate Publishing, Ltd.
Release Date: 2013-02-28
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.
Author: Maja Hojer Bruun
Release Date: 2017-12-01
Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.
Author: David Correia
Publisher: University of Georgia Press
Release Date: 2013-03-01
Genre: Business & Economics
Through the compelling story of the Tierra Amarilla conflict, David Correia examines how law and property, in general, and a Mexican-period land grant in northern New Mexico, in particular, have been constituted through violence and social struggle. Spain and Mexico populated what is today New Mexico through large common property land grants to sheepherders and agriculturalists. After the U.S.-Mexican War the area saw rampant land speculation and dubious property adjudication with nearly all the grants being rejected by U.S. courts or acquired by land speculators. Of all the land grant conflicts in New Mexico's history, Tierra Amarilla is one of the most sensational, with numerous nineteenth-century speculators ranking among the state's political and economic elite and a remarkable pattern of resistance to land loss by heirs in the twentieth century. Correia narrates a long and largely unknown history of property conflict in Tierra Amarilla characterized by nearly constant violence-night riding and fence cutting, pitched gun battles, and tanks rumbling along the rutted dirt roads of northern New Mexico. The legal geography he constructs is one that includes a remarkable cast of characters: millionaire sheep barons, Spanish anarchists, hooded Klansmen, Puerto Rican freedom fighters-or as J. Edgar Hoover, another of the characters in Correia's story would have called them, "terrorists." By placing property and law at the center of his study, "Properties of Violence" first reveals and then examines a central irony: violence is not the opposite of law but rather is essential to its operation.
Author: A. R. Buck
Publisher: Federation Press
Release Date: 2006
In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a “nostalgic” view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been “washed away” by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia.
Author: Judith Butler
Publisher: John Wiley & Sons
Release Date: 2013-04-12
Genre: Social Science
Dispossession describes the condition of those who have lost land, citizenship, property, and a broader belonging to the world. This thought-provoking book seeks to elaborate our understanding of dispossession outside of the conventional logic of possession, a hallmark of capitalism, liberalism, and humanism. Can dispossession simultaneously characterize political responses and opposition to the disenfranchisement associated with unjust dispossession of land, economic and political power, and basic conditions for living? In the context of neoliberal expropriation of labor and livelihood, dispossession opens up a performative condition of being both affected by injustice and prompted to act. From the uprisings in the Middle East and North Africa to the anti-neoliberal gatherings at Puerta del Sol, Syntagma and Zucchotti Park, an alternative political and affective economy of bodies in public is being formed. Bodies on the street are precarious - exposed to police force, they are also standing for, and opposing, their dispossession. These bodies insist upon their collective standing, organize themselves without and against hierarchy, and refuse to become disposable: they demand regard. This book interrogates the agonistic and open-ended corporeality and conviviality of the crowd as it assembles in cities to protest political and economic dispossession through a performative dispossession of the sovereign subject and its propriety.
Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want Whats Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.
Author: Pete Daniel
Publisher: UNC Press Books
Release Date: 2013-03-29
Genre: Social Science
Between 1940 and 1974, the number of African American farmers fell from 681,790 to just 45,594--a drop of 93 percent. In his hard-hitting book, historian Pete Daniel analyzes this decline and chronicles black farmers' fierce struggles to remain on the land in the face of discrimination by bureaucrats in the U.S. Department of Agriculture. He exposes the shameful fact that at the very moment civil rights laws promised to end discrimination, hundreds of thousands of black farmers lost their hold on the land as they were denied loans, information, and access to the programs essential to survival in a capital-intensive farm structure. More than a matter of neglect of these farmers and their rights, this "passive nullification" consisted of a blizzard of bureaucratic obfuscation, blatant acts of discrimination and cronyism, violence, and intimidation. Dispossession recovers a lost chapter of the black experience in the American South, presenting a counternarrative to the conventional story of the progress achieved by the civil rights movement.
Author: James E. Penner
Publisher: Oxford University Press
Release Date: 1997
In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing to effectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle". Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system."
Author: Jon Unruh
Release Date: 2013-07-18
Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.
This dissertation aims to provide a history of dispossession in China from 1927 to 1979. It discusses the ways the property politics in the Nationalist and Socialist regimes have shaped the urban development of a Chinese city, Nanjing. Drawing upon the insights of Michel Foucault's governmentality studies, this dissertation tries to make sense of the shifts in relations between knowledge, power, and subjectivity in China's management of urban property, urban spaces, and urban population. The studied period from 1927 to 1979 marked the transition from sovereignty to governmentality in China. In western liberal societies, this transition was characterized by the limitation of state power and the increasing protection of individual rights. Curiously, in China, the growth and expansion of governmentality was accompanied by massive property dispossession. To examine the co-evolution of modern statehood and modern subjectivity in China, I have identified four dispossession practices adopted or invented during the studied period: eminent domain, slum clearance, socialist transformation, and communization. By studying these practices and the logic that informs them, this dissertation seeks to understand the significant shifts in how logic and objects of government are understood and acted upon, due to changing political rationality in modern China. It argues that the Chinese governmentality and the psychological, biological, sociological, and economic processes that constitute them are property-related. The control of real property has been considered by both the Nationalist Government and the Socialist Government as prerequisite to the production of governable subjects and governable spaces. This dissertation analyzes this property-based governmentality in terms of: (1) how reality of modern China was translated into governmental thoughts leading to the state monopoly of real property, and how these thoughts were rationalized; (2) how thoughts about governing real property were turned into practices, and what technologies and techniques of governments were adopted or invented to achieve these goals; (3) how the government of real property had at the same time rendered the Chinese population governable; and (4) the production of new governable spaces out of dispossession. This dissertation concludes that the Nationalist and the Socialist regimes have different political rationalities, which produced two kinds of property politics respectively: "biopolitics" and "biographic politics." The first, "biopolitics," concerns the politicization of biological life. Under "biopolitics," the objective for property-government is to produce a sanitary urban environment so as to maintain the biological welfare of the population. The second one, "biographic politics," concerns the socio-political biography of individuals. Under "biographic politics," the objective for property-government is to remove property privileges from the people with particular biographies in the perspective of the state. Corresponding to this shift, city planning and property redistribution were employed in the two political regimes, respectively, as the main technologies of government to manage urban property, urban spaces, and the urban population.