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The Idea Of Home In Law

Author: Lorna Fox O'Mahony
Publisher: Routledge
ISBN: 1317028082
Size: 34.89 MB
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The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.

Researching Property Law

Author: Susan Bright
Publisher: Macmillan International Higher Education
ISBN: 113748618X
Size: 33.54 MB
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For those embarking on or engaged in property law research, this is a unique resource which includes contributions from twelve international scholars who each analyse a different research approach, addressing its value, associated methodology and the challenges involved in pursuing it.

Armed Conflict And Forcible Displacement

Author: Elena Katselli Proukaki
Publisher: Routledge
ISBN: 1317243897
Size: 78.50 MB
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This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced.?It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.

Conquest By Law

Author: Lindsay G. Robertson
Publisher: Oxford University Press
ISBN: 0199881995
Size: 45.42 MB
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In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.

Displacement And Dispossession In The Modern Middle East

Author: Dawn Chatty
Publisher: Cambridge University Press
ISBN: 1139486934
Size: 51.97 MB
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Dispossession and forced migration in the Middle East remain even today significant elements of contemporary life in the region. Dawn Chatty's book traces the history of those who, as a reconstructed Middle East emerged at the beginning of the twentieth century, found themselves cut off from their homelands, refugees in a new world, with borders created out of the ashes of war and the fall of the Ottoman Empire. As an anthropologist, the author is particularly sensitive to individual experience and how these experiences have impacted on society as a whole from the political, social, and environmental perspectives. Through personal stories and interviews within different communities, she shows how some minorities, such as the Armenian and Circassian communities, have succeeded in integrating and creating new identities, whereas others, such as the Palestinians and the Kurds, have been left homeless within impermanent landscapes.

Property And Social Resilience In Times Of Conflict

Author: Dr Andrew McWilliam
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404076
Size: 47.24 MB
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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.

Property And Dispossession

Author: Allan Greer
Publisher: Cambridge University Press
ISBN: 1107160642
Size: 53.29 MB
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Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.

Conceptualising Home

Author: Lorna Fox O'Mahony
Publisher: Bloomsbury Publishing
ISBN: 1847312918
Size: 26.87 MB
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It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

Unconscionability In European Private Financial Transactions

Author: Mel Kenny
Publisher: Cambridge University Press
ISBN: 1139487965
Size: 41.17 MB
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Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.