beyond communal and individual ownership indigenous land reform in australia routledge complex real property rights series

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Beyond Communal And Individual Ownership

Author : Leon Terrill
ISBN : 9781317525073
Genre : Law
File Size : 36. 4 MB
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Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.

Strata Title Property Rights

Author : Cathy Sherry
ISBN : 9781317427520
Genre : Law
File Size : 87. 11 MB
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Multi-owned properties make up an ever-increasing proportion of commercial, tourist and residential development, in both urban and rural landscapes around the world. This book critically analyses the legal, social and economic complexities of strata or community title schemes. At a time when countries such as Australia and the United States turn ever larger areas into strata title/condominiums and community title/homeowner associations, this book shows how governments, the judiciary and citizens need to better understand the ramifications of these private communities. Whilst most strata title analysis has been technical, focusing on specific sections of legislation, this book provides higher level analysis, discussing the wider economic, social and political implications of Australia’s strata and community title law. In particular, the book argues that private by-laws, however desirable to initial parties, are often economically inefficient and socially regressive when enforced against an ever-changing group of owners. The book will be of particular interest to scholars and legal practitioners of property law in Australia, but as the Australian strata title model has formed the basis for legislation in many countries, the book draws out lessons and analysis that will be of use to those studying privately-owned communities across the world.

Land Indigenous Peoples And Conflict

Author : Alan C. Tidwell
ISBN : 9781317537540
Genre : Law
File Size : 90. 71 MB
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Land, Indigenous Peoples and Conflict presents an original comparative study of indigenous land and property rights worldwide. The book explores how the ongoing constitutional, legal and political integration of indigenous peoples into contemporary society has impacted on indigenous institutions and structures for managing land and property. This book details some of the common problems experienced by indigenous peoples throughout the world, providing lessons and insights from conflict resolution that may find application in other conflicts including inter-state and civil and sectarian conflicts. An interdisciplinary group of contributors present specific case material from indigenous land conflicts from the South Pacific, Australasia, South East Asia, Africa, North and South America, and northern Eurasia. These regional cases discuss issues such as modernization, the evolution of systems and institutions regulating land use, access and management, and the resolution of indigenous land conflicts, drawing out common problems and solutions. The lessons learnt from the book will be of value to students, researchers, legal professionals and policy makers with an interest in land and property rights worldwide.

Subversive Property

Author : Sarah Keenan
ISBN : 9781317745945
Genre : Law
File Size : 30. 8 MB
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This book explores the relationship between space, subjectivity and property in order to invert conventional socio-legal understandings of property. 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 on to 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 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.

The State And The Paradox Onf Customary Law In Africa

Author : Markus Virgil Hoehne
ISBN : 1409468631
Genre : Customary law
File Size : 35. 81 MB
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Customary law and so called �traditional authorities� continue to play vital roles in many African societies today. The codification and co-optation or oppression by �the state� have been identified as major problems impinging on the dynamism of the living customary law and the independence and downward-accountability of traditional authorities. But what does customary law and traditional authority offer to the state? On the one hand, the state is expected to act as the �sovereign� and to provide a comprehensive political structure. On the other, for pragmatic or ideological reasons, it has to integrate customary systems and make them �processible� in order to satisfy demands for stability, accountability and decentralisation. This volume tackles the problem of how the state deals with the paradox of having to integrate customary law and traditional authorities that are based on their own logics of �law�, �legal process� and �authority� which are incommensurable with the logics of the state. It provides theoretically and ethnographically informed insights into the divergent strategies that are used by state representatives in courts, in parliament, or elsewhere to process this paradox and, somehow, to get their work done.

Property Rights And Climate Change

Author : Fennie van Straalen
ISBN : 9781315520070
Genre : Law
File Size : 28. 78 MB
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Property Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.

Property Place And Piracy

Author : Martin Fredriksson
ISBN : 9781351720212
Genre : History
File Size : 62. 90 MB
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This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.

Learning Beyond The School

Author : Julian Sefton-Green
ISBN : 1138087718
Genre :
File Size : 48. 1 MB
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Whilst learning is central to most understandings of what it is to be human, we now live in a knowledge society where being educated defines life chances more than ever before. Learning Beyond the School brings together accounts of learning from around the world in organisations, spaces and places that are schooled, but not school. Exploring examples of learning organisation, pedagogization, informal learning and social education, the book shows not only how understandings of education are framed in terms of local versions of schooling, but what being educated could and should mean in very different social and political contexts. With contributions from scholars based in Europe, the USA, Latin America and Asia, the book brings together accounts of learning outside of school. Chapters contain rich and detailed case studies of innovative projects, new kinds of learning institutions, youth, peer-driven and community- based activities and public pedagogies, as well as engaging with the dimensions of an argument about the place and nature of learning outside of the school. It challenges dominant versions of school around the world, whilst also critically discussing the value and place of non-institutionalised learning. Learning Beyond the School should be of interest to academics, researchers, postgraduate scholars engaged in the study of comparative education, youth work, education systems, digital culture, sociology of education and youth development. It should also be essential reading for practitioners and policymakers who are interested in youth and education system reform.

Penal Culture And Hyperincarceration

Author : Chris Cunneen
ISBN : 9781317082651
Genre : Social Science
File Size : 49. 27 MB
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What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ’penal/colonial complex,’ in the construction of imprisonment rates and on the development of the phenomenon of hyperincarceration. The authors develop penal culture as an explanatory framework for continuity, change and difference in prisons and the nature of contested penal expansionism. The influence of transformative concepts such as ’risk management’, ’the therapeutic prison’, and ’preventative detention’ are explored as aspects of penal culture. Processes of normalization, transmission and reproduction of penal culture are seen throughout the social realm. Comparative, contemporary and historical in its approach, the book provides a new analysis of penality in the 21st century.

Engaging Indigenous Economy

Author : Will Sanders
ISBN : 9781760460044
Genre : Social Science
File Size : 61. 7 MB
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The engagement of Indigenous Australians in economic activity is a matter of long-standing public concern and debate. Jon Altman has been intellectually engaged with Indigenous economic activity for almost 40 years, most prominently through his elaboration of the concept of the hybrid economy, and most recently through his sustained and trenchant critique of policy. He has inspired others also to engage with these important issues, both through his writing and through his position as the foundation Director of The Australian National University’s Centre for Aboriginal Economic Policy research from 1990 to 2010. The year 2014 saw both Jon’s 60th birthday and his retirement from CAEPR. This collection of essays marks those events. Contributors include long?standing colleagues from the disciplines of economics, anthropology and political science, and younger scholars who have been inspired by Jon’s approach in developing their own research projects. All point to the complexity as well as the importance of engaging with Indigenous economic activity — conceptually, empirically and as a strategic concern for public policy.

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