Land and real estate law / Real property law Books

Book SynopsisThe only book on land law to include a running case study to illustrate how the law works in practice.Trusted by students for over 30 years, Textbook on Land Law gives a practical and innovative edge to modern land law. Perfectly pitched for students studying land law for the first time, the running case study will galvanize interest in the topics by allowing students to visualize and engage with the topics.- Features practical examples throughout to provide students with a frame of reference to put this often abstract subject into a clear context- Combines academic detail and accuracy with a direct and engaging writing style to give lucidity to complex areas- Examines core areas covered on land and property law courses, and has been consistently relied upon and refined over seventeen editions- Includes extracts and sample legal documents to demonstrate how land law works in the real world and end-of chapter further reading references to direct additional researchNew to this edition:- Trade ReviewReview from previous edition Accessible and nurturing, [this is] perhaps the best all-rounder textbook on land law available at present. * Dr Tim Sinnamon, Royal Holloway, University of London *It is designed with a student's needs in mind. In depth relevant examples make it interesting. * Andrea Garvey, law student, Swansea University *Well stated and clear. Great basis for further discussion and clarity of explanation. * Anne Street, Senior Teaching Fellow, SOAS, University of London *It is excellent, provides students with a comprehensive review of the law, as well as giving them useful pointers in terms of reform. * Emily Allbon, Senior Lecturer, City, University of London *Table of ContentsPart I: Introduction 1: Estates in Land 2: Interests in Land Part II: The Freehold Estate 3: Buying a house 4: The contract 5: Unregistered land 6: Registered land 7: Acquisition of an estate by adverse possession Part III: Legal estates 8: The freehold estate 9: The leasehold estate 10: Obligations of landlord and tenant 11: Enforcement of leasehold covenants 12: Remedies of breach of leasehold covenants Part IV: Trusts 13: Express and implied trusts 14: Trusts of land 15: Settled Land Act settlements 16: The rule against perpetuities 17: Co-ownership 18: Trusts of the family home 19: Proprietary estoppel Part V: Licences and Rights to the Family Home 20: Licences and their enforcement 21: Special rights in relation to the family home Part VI: Rights in Land 22: Mortgages and charges 23: Priorities in relation to mortgages and charges 24: Easements and profits à prendre 25: Freehold covenants Part VII: In Conclusion 26: What is land?

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Book SynopsisThe most engaging analysis of land law''s key themes, developing a sophisticated understanding through a straightforward style.Academically rigorous yet welcoming and fully attuned to the needs of the student reader, Chris Bevan''s Land Law represents a new breed of textbook, blending traditional and contemporary teaching approaches to guide readers to a confident understanding of the subject. Key features The author''s engaging writing style speaks directly to students and anticipates their questions, enabling the book to present a sophisticated analysis of the law that does not overwhelm readers 105 carefully-constructed diagrams and flowcharts set out the material in intuitive visual formats, providing bird''s eye views of topics and concepts and thereby aiding understanding Key cases for each topic are succinctly summarized in a ''facts'', ''legal issue'', ''judgment'' format to provide students with a clear sense of why they are important and to pique their interest, providing a s

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Book SynopsisKarachi is one of the fastest growing cities in the world. It is Pakistan''s only port and the major contributor to the country''s economy. In addition, it is also a diverse city with its population politically divided along ethnic lines. These three factors make the urban land and that on the citys fringe a highly contested commodity: federal, provincial, and local land-owning agencies, corporate sector interests, formal and informal developers, international capital, and military cantonments compete for control and for extracting maximum value from it. The victims of this battle for turf and profits are the city''s social and physical environment and its low and lower middle-income groups. This book deals with the history, evolution, and present day realities around who owns land, its legal and illegal acquisition, land-use conversions and development, the actors involved and their relationship with each other and with the public at large, the often violent conflicts that take place

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Book SynopsisDoes land law''s specialized and historic vocabulary make it hard for your students to engage?Designed to support a progressive learning experience, Land Law Directions provides a lively introduction to the subject and makes this often daunting area clear and engaging. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly- Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they''ll be introduced to the key areas of debate and given the confidence to question the law- Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence- Elevate their learning: with the ground-work in place they can aspire to take learning to the next level, with direction provided on how to go further Digital formats and resourcesThis eighth edition is available for students and institutions to purchase in a variety of formats and is supported by online resources.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources are available at www.oup.com/he/landlaw_directions8e/ and include:- New scenario questions aimed at helping to apply the law in practice- New animated diagrams providing visual explanation of complex topics - Guidance on answering the end-of-chapter questions- Quick fire self-test questions with answer feedback- Links to further reading suggestions- Flashcard glossary to revise key terms- Additional material and discussion of advanced topics including adverse possession, and easements and profitsTrade ReviewThis is a truly accessible text which utilises helpful learning features alongside a well-written and structured narrative to support students' in their learning of land law. * Luke Campbell, Senior Lecturer, Oxford Brookes University *Table of ContentsPart 1: Introduction 1: What is land? 2: The structure of land law Part 2: Legal Estates 3: The freehold estate 4: Registration of title 5: Leases 6: Adverse possession Part 3: Sole and Joint Owners of Land 7: The sole owner of land 8: Joint owners of land (co-ownership) 9: Trusts and the family home 10: Proprietary estoppel 11: Trusts of land Part 4: Rights Over Land 12: Easements and profits 13: Covenants in freehold land 14: Mortgages Part 5: The Bigger Picture 15: Completing the puzzle 16: Exam technique and the perils of question spotting

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Book SynopsisEU Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students...I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts.- Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham UniversityThe Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others. Carly Hatchard, law student, University of BoltonThis revision guide is excellent ... I would certainly recommend it as a revision aid - Claudia Carr, Principal LeTrade ReviewReview from previous edition It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique * Godwin Tan, law student, University College London *The exam style questions are brilliant and the series is very detailed, prepares you well * Frances Easton, law student, University of Birmingham *The accompanying website for Concentrate is the most impressive I've come across * Alice Munnelly, law student, King's College London *

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Book SynopsisConcentrate Q&A Land Law is part of the Concentrate Q&A series, the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any of the competitors.''A sure-fire way to get a 1st class result'' (Naomi M, Coventry University)''My grades have dramatically improved since I started using the OUP Q&A guides'' (Glen Sylvester, Bournemouth University)''These first class answers will transform you into a first class student'' (Ali Mohamed, University of Hertfordshire)''I can''t think of better revision support for my study'' (Quynh Anh Thi Le, University of Warwick)''I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer'' (Hayden Roach, Bournemouth University)''100% would recommend. Makes you feel like you will pass with flying coloursTable of Contents1: Exam skills for success in land law 2: Definition of land and finder's titles 3: Adverse possession 4: Transfer of title and third party rights 5: Registered land 6: Successive interests and trusts of land 7: Co-ownership and trusts of land 8: Proprietary estoppel 9: Leases and licences 10: Easements and profits 11: Freehold covenants 12: Mortgages 13: Skills for success in coursework assessments

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Book SynopsisLand Law: Text, Cases, and Materials has been designed to provide students with everything they need to approach their land law course with confidence. Experts in the area, the authors combine clear and insightful commentary with carefully chosen extracts to offer students a full account of the subject.Using the popular Text, Cases and Materials format the authors take a critical approach to the subject, presenting thought-provoking analysis of the leading case-law in the area and inviting students to develop their own analytical skills ready for exams. The book can be used as a stand-alone resource, or as a complement to Land Law: Core Text, written by the same authors.Covering a broad range of topics, the authors have used their unique approach to land law to provide a consistent structure with which students and lecturers can tackle the subject. This approach arms students with the tools needed to analyse content autonomously by seeing how individual rules fit into a broader structuTrade ReviewVery useful at all stages of study, from pre-reading, lecture revision, seminar reading, essay writing to exam preparation. * Dr Lu Xu, Senior Lecturer, Lancaster University *A first rate book, thorough treatment of the topics, stimulating and scholarly. * Rod Edmunds, Senior Lecturer, Queen Mary University of London *Table of ContentsPart A: Introduction 1: What's special about land? 2: What is land? 3: Registration Part B: The Content Question 4: Human rights and land 5: Legal estates and legal interests 6: Equitable interests 7: Personal rights: Licences Part C: The Acquisition Question 8: Formal methods of acquisition: contracts, deeds, and registration 9: Adverse possession 10: Proprietary estoppel 11: Trusts Part D: The Shared Home 12: Interests in the home: the acquisition question 13: Regulating co-ownership: the content question 14: Co-ownership and third parties: applications for sale Part E: Priority: The Defences Question and Land Registration 15: The priority triangle 16: Priorities in registered land 17: Co-ownership and priorities: the defences question 18: Reform of the land registration act 2002 Part F: Leases 19: Leases 20: Regulating leases and protecting occupiers 21: Leasehold covenants Part G: Neighbours and Neighbourhoods 22: Easements 23: Freehold covenants 24: Flat ownership: long leases and commonhold Part H: Security Interests 25: Security interests in land 26: Lender's rights and remedies 27: Protection of borrower

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Book SynopsisComplete Land Law offers students a blend of concepts with analytical commentary, combined with carefully selected cases and extracts which stimulate critical thinking and promotes a complete understanding of how the law works in practice.Table of ContentsPart 1 Introduction: Estates and Interests in Land 1: Introduction to the types of property rights in land 2: Tenures and estates 3: Creation of legal and equitable rights in land Part 2 Unregistered Land 4: Protection of legal and equitable property rights in unregistered land Part 3 Registered Land 5: Registration of title - the basic principles 6: Interests protected by registration and overriding interests Part 4 Acquisition of Interests in Land (I) 7: Trusts of land 8: Co-ownership of land - the basic principles 9: Co-ownership - the resolution of disputes Part 5 Acquisition of Interests in Land (II) 10: Licences and proprietary estoppel Part 6 Leases 11: Leases - the basic requirements 12: Obligations in leases 13: The running of covenants in a lease 14: Termination of leases Part 7 Informal Acquisition of Legal Estates 15: Adverse possession and the limitation acts Part 8 Protection for the Purchaser of Registered Land 16: Rectification of the register of title Part 9 Easements 17: The essential characteristics of easements 18: Creation of express and implied grants of easements 19: Prescription for easements (and profits) Part 10 Freehold Covenants: Restrictive and Positive Covenants 20: Freehold covenants 21: Escaping from restrictive covenants Part 11 Mortgages 22: The creation of mortgages 23: The remedies of mortgages 24: The operation of mortgages

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Book SynopsisThompson's Modern Land Law provides contemporary coverage of the essential topics of land law, helping students to understand the underlying principles of the law and develop analytical skills by looking at the subject through a theoretical lens.Trade ReviewIt covers the principles of land law in a logical and accessible manner; I have no hesitation in recommending it to my students. * Dr Bonnie Holligan, Lecturer in Property Law, University of Sussex *Thompson's Modern Land Law is an excellent book. It is well written, highly readable, and incorporates a meaningful level of detail and analysis without distracting from the core points. * Dr Thomas Murphy, Senior Lecturer in Law, Ulster University *This textbook is accessible with an easy-to-read writing style, covering a comprehensive range of topics in land law. * Samantha Davey, Lecturer, University of Essex *Table of Contents1: Introduction to property and land 2: Tenure and estates 3: Law, equity and human rights 4: Unregistered land and the Law of Property Act 1925 5: Registration of title 6: Adverse possession 7: Acquisition of interests in the home 8: The legal framework of co-ownership 9: Leasehold estates 10: Mortgages 11: Easements 12: Freehold covenants 13: Proprietary estoppel 14: Licences

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Book SynopsisSubstantial case detail, choice extracts, and sophisticated analysis.Land Law: Text, Cases, and Materials combines insightful author commentary with carefully selected extracts to fully support students.Key features: Combines insightful author commentary with carefully selected extracts to provide a thought-provoking and contextualized account of the subject Helps students to understand how rules work in isolation as well as how they interlink due to the authors'' unique approach to land law, enabling students to think critically and with a high level of analysis Provides detailed discussion of key land law cases, drawing together extracts from leading judgments, responses to controversial decisions, and the authors'' own opinion to create a well-rounded account Takes a thorough, detailed, and critical approach, providing a framework to support students throughout their course Begins each chapter with a discussion of ''central issues,'' providing an at-a-glance account of the key debates and principles shaping each area of law Includes self-test questions with guidance on how to approach them alongside further research notes in each chapter to support independent studyNew to this edition: A full, comprehensive update to cases and other new developments New cases considered in this edition include decisions of the Supreme Court, such as R (on the application of SC) v SS for Work and Pensions, Wolverhampton CC v London Gypsies and Travellers (both Chapter 4), Guest v Guest (Chapter 10), and Byers v Saudi National Bank (Chapter 17); and of the Court of Appeal, such as Pennistone Holdings v Rock Ferry Waterfront Trust (Chapter 5), Hudson v Hathway (Chapters 8 and 10), White v Amirtharaja (Chapter 9), and Faiz v Burnley CC (Chapter 21) The chapter on proprietary estoppel has been restructured in the light of the Supreme Court''s decision in Guest v Guest New academic writing, regulatory changes, and proposed new legislation (for example in relation to flat ownership) are all featured Diagrams have been reviewed to ensure clarity and consistencyThe sixth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access, along with self-test questions, guidance for answering end-of-chapter questions, further research notes, functionality tools, navigation features and links that offer extra learning support. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks.

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Book SynopsisThe 9th edition of Maudsley & Burn's Land Law Cases and Materials continues to provide an essential reference work for students and practitioners. It includes a wide range of extracts from cases, statutes, Law Commission reports and other literature, which highlight the key issues to understand the present law and its continuing development.Table of ContentsPART ONE: BASIC CONCEPTS ; 1. Introductory topics ; 2. Registered land ; 3. Adverse possession and limitation of actions ; PART TWO: FREEHOLD AND LEASEHOLD ESTATES IN LAND ; 4. Freehold estates ; 5. Leases ; PART THREE: EQUITABLE BENEFICIAL INTERESTS IN LAND ; 6. The trust of land ; 7. Concurrent interests ; PART FOUR: OTHER LEGAL AND EQUITABLE INTERESTS IN LAND ; 8. Easements and profits a prendre ; 9. Covenants between freeholders ; 10. Mortgages ; 11. Equities, proprietary estoppel and licences

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Book SynopsisAn exploration of the relationship between possession and legalization across Indonesia, and how people navigate dispossessionTrade Review“Nine Tenths of the Law . . . makes an important contribution to global literature on land grabbing and conflict, and addresses profound questions about what law is and where rights come from . . . this book is a major achievement.”—Edward Aspinall, SOJOURN: Journal of Social Issues in Southeast Asia “Christian Lund provides a brilliant account of how law, force and authority are mobilized to create and obliterate property rights in land. Written with exceptional clarity and passion.”—Tania Murray Li, author of Land’s End: Capitalist Relations on an Indigenou Frontier“Why do people pursue legalizing claims if the law does not live up to its promise to offer enduring predictability? Lund offers profound insights in this fundamental paradox of law.”—Keebet von Benda-Beckmann, co-author of Political and Legal Transformations of an Indonesian Polity“Nine-Tenths of the Law is a deeply original analysis of land property relations. It is one of the best books I’ve read on the pressing contemporary social issues of property, citizenship, dispossession, law, and social movements. A tour de force!”—Jun Borras, International Institute of Social Studies "Lund maps out the conceptual and empirical frontier of a new legal anthropology. Nine-Tenths of the Law puts property in its place among other social and political elements of possession. Beautifully written and continuously enlightening!"—Jesse Ribot, American University“Nine-Tenths of the Law is a very important contribution to an emerging debate on citizenship in the postcolonial world, deftly connecting literatures on postcolonial law, citizenship, and anthropologies of the state."—Gerry van Klinken, author of Postcolonial Citizenship in Provincial Indonesia

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Book SynopsisCovers the study of biodiversity policy and protection. The book further defines biodiversity, outlines factors in choosing among different policy approaches for its protection. The authors include original notes and questions to stimulate class discussion.

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Book SynopsisThe longest running law revision series, trusted by students for over 30 years, Nutshells present the essentials of law clearly and concisely in a memorable and user friendly way. The ideal companionboth for getting up to speed with a new topic of law and preparing for law exams. This is the law in a nutshell!

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Book SynopsisRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come uTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Table of ContentsFundamental Concepts. Conveying Title to Land with Unregistered Title. Transferring Title to Land with Registered Title. Adverse Possession and Boundaries. Trusts of Land. Resulting Trusts, Constructive Trusts, Proprietary Estoppel and Licences. Leases. Mortgages. Easements and Profits a Prendre. Freehold Covenants. Putting it into Practice

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Book SynopsisRecent research has begun to highlight the importance of German arguments about legitimate resistance and self-defence for French, English and Scottish Protestants. This book systematically studies the reception of German thought in England, arguing that it played a much greater role than has hitherto been acknowledged. Both the Marian exiles, and others concerned with the fate of continental Protestantism, eagerly read what German reformers had to say about the possibility of resisting the religious policies of a monarch without compromising the institution of monarchy itself. However, the transfer of German arguments to England, with its individual political and constitutional environment, necessarily involved the subtle transformation of these arguments into forms compatible with local traditions. In this way, German arguments contributed significantly to the emergence of new theories, emphasising natural rights.Trade Review'... provides both rich and contextualised accounts...Professor von Friedeburg has written a rich and stimulating book, and one that should play a distinguished role in further increasing our awareness of the European contexts of English political thinking...a most useful introduction to the political thought of early modern Germany...an important and valuable book.' Glenn Burgess, University of Hull 'Self-Defence and Religious Strife is a first-rate contribution to the task of understanding early modern England in European context... provides both rich and contextualised accounts... Professor von Friedeburg has written a rich and stimulating book, and one that should play a distinguished role in further increasing our awareness of the European contexts of English political thinking... This is an important and valuable book.' Albion '... it shows from an impressive number of sources that Germany's and England's political traditions were interwoven in decisive respects...' History of Political Thought '... a well-written, thoughtful and convincing study offering important insights for readers interested in early modern political theory.' Journal of Early Modern HistoryTable of ContentsContents: Preface; Introduction: Sovereignty and religious strife: the state of the argument on resistance and self-defence; The Rule of Law Vindicated: Reform and reformation: resistance and defence in German lands 1488-1528; Self-defence and social status: the model developed - Torgau to Magdeburg 1529-1550; The delicate balance: the rule of law and religious strife in the Empire 1555-1620; Patriots and peasants: self-defence and the horrors of war, 1618-1648; The Rule of Law Disintegrated: Necessity, Self-Defence and the Reception of German Political Thought in England 1553-1648: The Marian and Elizabethan reception of German thought on resistance; Monarchy, obedience and German precedents 1588-1630s; Religious strife and self-defence 1638-48; Conclusion: self-defence, religious strife and political thought; Bibliography; Index.

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Book SynopsisIslamic substantive law, otherwise called branches of the law (furÅ' al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of 'cultivation' (istithmÄr), whereby the qualified jurist (mujtahid), as the 'cultivator', uses relevant rules of legal theory to harvest the substantive law on specific issues in form of 'fruits' (thamarÄt) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of thTable of ContentsContents: Introduction. Part I Islamic Family Law: Marriage in Islamic law: the modernist viewpoints, Majid Khadduri; Invalid and void marriages in Hanafi law, J.N.D. Anderson; Equality (kafā’ah) in the Muslim law of marriage, Farhat J. Ziadeh; Mahr: legal obligation or rightful demand?, Mona Siddiqui; Marriage-guardianship and minor’s marriage at Islamic law, Lucy Carroll; Polygamy in traditional and contemporary Islamic law, Doreen Hinchcliffe; Women and divorce: the position of the SharÄ«Ê»ah, Abdul-Fatah Makinde ʼKola; A critical appraisal of ’triple divorce’ in Islamic law, Nehaluddin Ahmad; Tafwīḍ al-Ṭalāq: transferring the right to divorce to the wife, Fareeha Khan; A husband’s authority: emerging formulations in Muslim family laws, Lynn Welchman. Part II Islamic Law of Succession: The role of pre-Islamic customs in the Islamic law of succession, M. Habibur Rahman; The Islamic inheritance system: a socio-historical approach, David S. Powers; The Qur’anic law of inheritance, Richard Kimber; Representational succession in contemporary Islamic law, N.J. Coulson. Part III Islamic Law of Financial Transactions: Negotiating contracts in Islamic and Middle Eastern laws, Mahdi Zahraa; Contracts in Islamic law: the principles of commutative justice and liberality, Hussein Hassan; The concept of musharakah and its application as an Islamic method of financing, Muhammad Taqi Usmani; Islamic laws on riba (interest) and their economic implications, M. Siddieq Noorzoy; The Islamic law of real security, Nicholas H.D. Foster. Part IV Islamic Criminal Law: Islamic criminal law and procedure: religious fundamentalism v. modern law, Matthew Lippman; The concept of ḥadd in Islamic law, Fazlur Rahman; Effective legal representation in ’SharÄ«Ê»ah’ courts as a means of addressing human rights concerns in the Islamic criminal justice system of Muslim states, Mashood A. Baderin. Part V Islamic Judicial Procedure: Muslim procedure and evidence, J.N.D. Anders

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Book SynopsisIslamic law influences the lives of Muslims today as aspects of the law are applied as part of State law in different forms in many areas of the world. This volume provides a much needed collection of articles that explore the complexities involved in the application of Islamic law within the contemporary legal systems of different countries today, with particular reference to Saudi Arabia, Morocco, Indonesia, Nigeria, Turkey, Malaysia and Pakistan. The articles identify the relevant areas of difficulties and also propose possible ways of realising a more effective and equitable application of Islamic law in the contemporary world. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.Table of ContentsContents: Introduction. Part I Theoretical Perspectives on the Practical Application of Islamic Law: From jurists’ law to statute law or what happens when the Shari’a is codified, Rudolph Peters; The compatibility dialectic: mediating the legitimate coexistence of Islamic law and state law, Abdullahi Ahmed An-NaÊ»im; ShariÊ»a and state in the modern Muslim Middle East, Nathan J. Brown. Part II Empirical Analyses of the Practical Application of Islamic Law: ShariÊ»a in the politics of Saudi Arabia, Frank E. Vogel; Islamic law in contemporary South Asia, Gregory C. Kozlowski; The Islamic legal system in Indonesia, Mark E. Cammack and R. Michael Feener; Expanding a formal role for Islamic law in the Indonesian legal system: the case of Mu’amalat, Alfitri; Islamic law as customary law: the changing perspective in Nigeria, A.A. Oba; Secular law and the emergence of unofficial Turkish Islamic law, Ihsan Yilmaz. Part III Islamic Family and Personal Status Laws in Practice: Family law & reform in Morocco - the Mudawana: modernist Islam and women’s rights in the code of personal status, Laura A. Weingartner; Protecting Muslim women against abuse of polygamy in Malaysia: legal perspective, Zaleha Kamaruddin and Raihanah Abdullah; Islamic law and gender equality - could there be a common ground? A study of divorce and polygamy in Sharia law and contemporary legislation in Tunisia and Egypt, Amira Mashhour; The legal impediments to the application of Islamic family law in the Philippines, Anshari P. Ali. Part IV Islamic Criminal Law in Practice: Judicial practice in Islamic criminal law in Nigeria - a tentative overview, Gunnar J. Weimann; Punishment in Islamic law: a critique of the Hudud Bill of Kelantan, Malaysia, Mohammad Hashim Kamali; Her honor: an Islamic critique of the rape laws of Pakistan from a woman-sensitive perspective, Asifa Quraishi; The 2006 Women Protection Act of Pakistan: an analysis, Niaz A. Shah. Part V Islamic Law of Financial Transactions in Pra

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Book SynopsisIslamic legal theory (usÅl al-fiqh) is literally regarded as 'the roots of the law' whilst Islamic jurists consider it to be the basis of Islamic jurisprudence and thus an essential aspect of Islamic law. This volume addresses the sources, methods and principles of Islamic law leading to an appreciation of the skills of independent juristic and legal reasoning necessary for deriving specific rulings from the established sources of the law. The articles engage critically with relevant traditional views to enable a diagnostic understanding of the different issues, covering both SunnÄ and ShÄ'Ä perspectives on some of the issues for comparison. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research. Islamic legal theory is a complex subject which challenges the ingenuity of any expert and therefore special care has been taken to select articles for their clarity as well as their quality, variety and critique to ensure anTable of ContentsContents: Introduction; Further reading. Part I Nature of Islamic Law: Islamic law: an overview of its origin and elements, Irshad Abdal-Haqq; Islamic law as Islamic ethics, A. Kevin Reinhart; Understanding Islamic law in theory and practice, Mashood A. Baderin. Part II Sources of Islamic Law: Groundwork of the moral law: a new look at the Qur’ān and the genesis of SharÄ«Ê»a, Wael B. Hallaq; Law in the Qur’ān - a draft code, Tahir Mahmood; Some reflections on the contextualist approach to ethico-legal texts of the Qur’an, Abdullah Saeed; A revaluation of Islamic traditions, Joseph Schacht; On the origins of ShÄ«Ê»i ḤadÄ«th, Ron P. Buckley; The role of culture in the creation of Islamic law, John Hursh. Part III Methods of Islamic Law: Al-Shāfiʻī’s role in the development of Islamic jurisprudence, Ahmad Hasan; The concept of Ijmāʻ in Islamic law: a comparative study, Rahimin Affandi Abd Rahim; Non-analogical arguments in Sunni juridical qiyās’, Wael B. Hallaq; ’Illa and qiyās in early Islamic legal theory, Nabil Shehaby. Part IV Principles of Islamic Law: The maslaha (public interest) and ’illa (cause) in Islamic law, Majid Khadduri; Maá¹£laḥa in contemporary Islamic legal theory, Felicitas Opwis; Legal logic and equity in Islamic law, John Makdisi; Maqāṣid al-SharÄ«Ê»ah: the objectives of Islamic law, Mohammad Hashim Kamali; Cut and paste in legal rules: designing Islamic norms with talfÄ«q’, Birgit Krawietz; Muslim custom and case-law, Noel James Coulson; QawaÊ»id al-Fiqh: the legal maxims of Islamic law, Mohammad Hashim Kamali. Part V Legal Reasoning (Ijtihād): Interpretation in Islamic law: the theory of ijtihād, Bernard Weiss; The closing of the door of ijtihād and the application of the law, Frank E. Vogel; A critical analysis of the role of ijtihād in legal reforms in the Muslim world, Rachel Anne Codd; Ijtihād in contemporary ShiÊ»ism: transition from individual-oriented to society-oriented, Hamid Mavani. Name index.

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Book SynopsisAt the time of his death in 1998, at the age of 47, Norman Calder had become the most widely-discussed scholar in his field. This was largely focused on his monograph, Studies in Early Muslim Jurisprudence (Oxford, 1993), which boldly challenged existing theories about the origins of Islamic Law. The present volume of twenty-one of his articles and book chapters represents the full richness and diversity of Calder''s oeuvre, from his initial doctoral research on Shii Islam to his later more philosophical writings on Sunni hermeneutics, in addition to his numerous studies on early Islamic history and jurisprudence. Calder''s pioneering research, which was based on a sensitive reading of medieval texts fully informed by contemporary critical theory, often challenged the established assumptions of the day. He is known in particular for urging a reassessment of widely-held prejudices which underestimated the degree of creativity in medieval Islamic scholarship. Many of the articles in thTable of ContentsContents: Introduction. Methodology: History and nostalgia: reflections on John Wansbrough's The Sectarian Milieu; The limits of Islamic orthodoxy; Law; Tafsir from Tabari to Ibn Kathir: problems in the description of a genre, illustrated with reference to the story of Abraham. Early Islam: The sa'y and the jabin: some notes on Qur'an 37:102-3; Hinth, birr, tabarrur, tahannuth: an inquiry into the Arabic vocabulary of vows; From midrash to scripture: the sacrifice of Abraham in early Islamic tradition; The ummi in early Islamic juristic literature; The qurra' and the Arabic lexicographical tradition; The Barahima: literary construct and historical reality. Jurisprudence: a) Sunnism: Ikhtilaf and ijma' in Shafi'i's Risala; The significance of the term imam in early Islamic jurisprudence; Friday Prayer and the juristic theory of government: Sarakhsi, Shirazi, Mawardi; Exploring God's Law: Muhammad ibn Ahmad ibn Abi Sahl al-Sarakhsi on zakat; al-Nawawi's typology of muftis and its significance for a general theory of Islamic Law; The 'Uqud rasm al-mufti of Ibn al-'Abidin. b) Imami Shi'ism: Zakat in Imami Shi'i jurisprudence, from the 10th to the 16th century A.D.; Khums in Imami Shi'i jurisprudence, from the 10th to the 16th century A.D.; Accommodation and revolution in Imami Shi'i jurisprudence: Khumayni and the classical tradition; Legitimacy and accommodation in Safavid Iran: the juristic theory of Muhammad Baqir al-Sabzavari (d. 1090/1679); Doubt and prerogative: the emergence of an Imami Shi'i theory of ijtihad. Indexes.

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Book SynopsisTo Share, Not Surrender presents multiple views and lived experience of the treaty-making process and its repercussions in the Colonies of Vancouver Island and British Columbia, and publishes, for the first time, the Vancouver Island Treaties in First Nations languages.Trade ReviewThe past is with us and history matters. Read To Share Not Surrender as a great example of how there can be different interpretations of the past. -- Robin Fisher * The British Columbia Review *"To Share, Not Surrender is a book that could help every British Columbian to better understand the historical, political, and relational fabric of this province – and the obligations that flow from this." -- Alan Hanna, University of Victoria * BC Studies *Until now, academic discussion of the Vancouver Island treaties has tended to be sparse, vague, and insufficiently attentive to Indigenous perspectives. In consequence, public knowledge of the Treaties, and especially the white settlers' collective failure to honour them, leaves much to be desired. To Share Not Surrender aims to overcome these shortcomings. In my opinion, it succeeds admirably. -- Martin George Holmes, University of Otago * Journal of Australian, Canadian, and Aotearoa New Zealand Studies *Table of ContentsAcknowledgments | HaichkaForeword / Chief Ron SamPrefaceIntroduction / Graham Brazier, Peter Cook, Hamar Foster, John Lutz, and Neil VallancePart 1: First Nation and Colonial Understandings of Indigenous Land Rights1 Note on the Early Life and Career of James Douglas / Graham Brazier2 Indigenous Lands, Imperial Travels, and James Douglas / Adele Perry3 More or Less Human: Colonialism, Law, and the Social Construction of Humanity on Vancouver Island, 1849–1864 / Laura Spitz4 The Imperial Law of Aboriginal Title at the Time of the Douglas Treaties: What Was It? / Hamar FosterPart 2: Treaty Texts5 The Earliest First Nation Accounts of the Formation of the Vancouver Island (or Douglas) Treaties of 1850–1854 / Neil Vallance6 First Nation Language Texts of the Vancouver Island TreatiesIntroduction / Neil VallanceSENĆOŦEN Language Treaty Text / STOLCEL John Elliott Sr.Lekwungen Language Treaty Text / Elmer George7 Huu-ay-aht t’ayii hawil (Head Chief) liishin’s Land Transaction with Government Agent William Banfield in 1859 / Kevin NearyPart 3: The Beginning and End of Treaty-Making on Vancouver Island8 Land, First Nations and James Douglas and the Background to Treaty-Making on Vancouver Island / Graham Brazier9 The Rutter’s Impasse and the End of Treaty Making on Vancouver Island / John Sutton LutzPart 4: After the Treaties10 “For Ever Removing the Fertile Cause of Agrarian Disturbance”: Governor James Douglas’ British Columbia Unsurveyed Land System / Sarah Pike11 “The Last Potlatch”: James Douglas’ Vision of an Alternative Form of Settler Colonialism / Keith Thor CarlsonAfterword / Robert Clifford, Maxine Matilpi, and Stephen HumeAppendix: Timeline / Hamar Foster and Neil VallanceIndex

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Book SynopsisTo Share, Not Surrender presents multiple views and lived experience of the treaty-making process and its repercussions in the Colonies of Vancouver Island and British Columbia, and publishes, for the first time, the Vancouver Island Treaties in First Nations languages.Trade ReviewThe past is with us and history matters. Read To Share Not Surrender as a great example of how there can be different interpretations of the past. -- Robin Fisher * The British Columbia Review *"To Share, Not Surrender is a book that could help every British Columbian to better understand the historical, political, and relational fabric of this province – and the obligations that flow from this." -- Alan Hanna, University of Victoria * BC Studies *Until now, academic discussion of the Vancouver Island treaties has tended to be sparse, vague, and insufficiently attentive to Indigenous perspectives. In consequence, public knowledge of the Treaties, and especially the white settlers' collective failure to honour them, leaves much to be desired. To Share Not Surrender aims to overcome these shortcomings. In my opinion, it succeeds admirably. -- Martin George Holmes, University of Otago * Journal of Australian, Canadian, and Aotearoa New Zealand Studies *Table of ContentsAcknowledgments | HaichkaForeword / Chief Ron SamPrefaceIntroduction / Graham Brazier, Peter Cook, Hamar Foster, John Lutz, and Neil VallancePart 1: First Nation and Colonial Understandings of Indigenous Land Rights1 Note on the Early Life and Career of James Douglas / Graham Brazier2 Indigenous Lands, Imperial Travels, and James Douglas / Adele Perry3 More or Less Human: Colonialism, Law, and the Social Construction of Humanity on Vancouver Island, 1849–1864 / Laura Spitz4 The Imperial Law of Aboriginal Title at the Time of the Douglas Treaties: What Was It? / Hamar FosterPart 2: Treaty Texts5 The Earliest First Nation Accounts of the Formation of the Vancouver Island (or Douglas) Treaties of 1850–1854 / Neil Vallance6 First Nation Language Texts of the Vancouver Island TreatiesIntroduction / Neil VallanceSENĆOŦEN Language Treaty Text / STOLCEL John Elliott Sr.Lekwungen Language Treaty Text / Elmer George7 Huu-ay-aht t’ayii hawil (Head Chief) liishin’s Land Transaction with Government Agent William Banfield in 1859 / Kevin NearyPart 3: The Beginning and End of Treaty-Making on Vancouver Island8 Land, First Nations and James Douglas and the Background to Treaty-Making on Vancouver Island / Graham Brazier9 The Rutter’s Impasse and the End of Treaty Making on Vancouver Island / John Sutton LutzPart 4: After the Treaties10 “For Ever Removing the Fertile Cause of Agrarian Disturbance”: Governor James Douglas’ British Columbia Unsurveyed Land System / Sarah Pike11 “The Last Potlatch”: James Douglas’ Vision of an Alternative Form of Settler Colonialism / Keith Thor CarlsonAfterword / Robert Clifford, Maxine Matilpi, and Stephen HumeAppendix: Timeline / Hamar Foster and Neil VallanceIndex

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Book SynopsisThis insider’s account of the work of the Indian Specific Claims Commission takes an unflinching look at the development and implementation of Indigenous claims policy from 1991 to 2009.Table of ContentsIntroduction1 Specific Claims in Canada: A Brief History and Policy Roadmap2 Dependent on the Good Will of the Sovereign: Background to the Indian Specific Claims Commission3 The Indian Specific Claims Commission: Second Sober Thought4 Challenges to the Process: Applications for Inquiries and Constructive Rejections5 On the Road Again: Planning Conferences, Community Sessions, and the Integrity of the Process6 By Law or In Justice: Legal Arguments, Panel Deliberations, and the Murky Waters of the Mediation Unit7 Beyond Lawful Obligation: The Closure of the ICC and the Rise of the Specific Claims Tribunal8 The Legacy of the ICC and Lessons for the Future of Specific Claims Notes; Index

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Book SynopsisAn ethnographic study of Zimbabwe's land occupations that focuses on the effects of spatialized struggles on sovereignty and the nation-stateTrade Review“Donald S. Moore’s Suffering for Territory is a paradigm-shattering work in agrarian studies. Combining an impressive ethnographic study of land struggle in contemporary Zimbabwe with critical theories of sovereignty, hegemony, and race, Moore decisively and masterfully rereads the history of Zimbabwe and southern Africa through the prism of settler colonialism, colonial capitalism, and their legacies.”—Elizabeth A. Povinelli, author of The Cunning of Recognition: Indigenous Alterities and the Making of Australian Multiculturalism“This widely suggestive book—a model of hospitable thought—combines erudition, theoretical insights, and literary inventiveness with well-crafted ethnography. In the process, it rewrites not only the histories of land, but also the histories of life, race, and sovereignty in Zimbabwe.”—Achille Mbembe, author of On the Postcolony“Suffering for Territory is an outstanding work of scholarship, which combines innovative theory with vivid ethnographic detail to produce an unusually illuminating view of land, livelihoods, and politics in contemporary rural Zimbabwe. With enormous erudition and keen observational insight, Donald S. Moore shows convincingly how both territories and the subjects who inhabit them can be understood as the contingent products of dynamic social and historical processes. The book’s combination of sophisticated theoretical analysis and deep ethnographic understanding makes it one of the most important contributions to the anthropology of Africa to appear in recent years.”—James Ferguson, author of Expectations of Modernity: Myths and Meanings of Urban Life on the Zambian Copperbelt“[This] study has so much to offer in terms of historical insights as well as grounded methodology, serving as a model of the type of scholarship required to understand the complex relationships between local practices of power, and the broader forces of colonial and postcolonial rule.” -- Pius S. Nyambara * International Journal of African Historical Studies *“Using well researched and brilliantly presented ethnographies and social histories of the Tangwena People's Kaerezi Ranch (one of the most symbolic arenas in the struggle for independence and racial equality), Moore sifts through the 'sediments' of history and present day dynamics to tell a story of how the contemporary spatial and agrarian structure emerged and is articulated in the lived experiences of villagers in Nyamutsapa (the location of most of his field work).” -- Admos Osmund Chimhowu * Journal of Agrarian Change *Table of ContentsPreface ix Acknowledgments xv Abbreviations xix Introduction: Situated Struggles 1 Part I. Governing Space 1. Lines of Dissent 35 2. Disciplining Development 68 3. Landscapes of Livelihood 96 Part II. Colonial Cartographies 4. Racialized Dispossession 129 5. The Ethnic Spatial Fix 153 6. Enduring Evictions 184 Part III. Entangled Landscapes 7. Selective Sovereignties 219 8. Spatial Subjection 250 9. The Traction of Rights and Rule 281 Epilogue: Effective Articulations 310 Notes 323 References 365 Index 387

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Book Synopsis'Charging Orders on Land: Law, Practice and Precedents' is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtorâs property and then an order for sale.. This edition also contains a new chapter on insolvency regimes.Table of ContentsForeword to the Second Edition; Foreword to the First Edition; List of Abbreviations; Civil and Family Procedure Rules – Comparison Tables; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of European Conventions 1 INTRODUCTION Introduction Overview of charging orders Brief history of charging orders 2 CIRCUMSTANCES FOR OBTAINING A CHARGING ORDER Introduction Who can apply for a charging order? Property which may be charged Exercise of the court’s discretion Commercial Rent (Coronavirus) Act 2022 Breathing Space Moratorium and Mental Health Crisis Moratorium 3 PROCEDURE FOR OBTAINING A CHARGING ORDER Procedural framework Application to the court Interim charging order Final charging order Insolvency restrictions Basic procedure tables 4 PRIORITIES AND PROBLEMS Basic rule of priority Types of interest over which a charging order can be made Protection of priority under the Land Registration Act 2002 Charging orders, mortgages and sales Other priority problems 5 DISCHARGE OR VARIATION OF A CHARGING ORDER Introduction Grounds which are open to particular applicants Grounds for discharge Grounds for variation Procedure in the courts The procedure on a reference to the First-tier Tribunal Basic procedure table 6 ENFORCEMENT Introduction Court’s jurisdiction and the appropriate court Orders for sale Appointment of a receiver Limitation 7 OTHER TYPES OF CHARGING ORDER Council Tax (Administration and Enforcement) Regulations 1992 Solicitors Act 1974, section 73 Insolvency Act 1986, section 313 Agricultural Holdings Act 1986, sections 85, 86 and 87 Landlord and Tenant Act 1927 Partnership Act 1890, section 23 Road Traffic Act 1991 Child Support Act 1991, sections 33 and 36 Mental Capacity Act 2005, section 18 Housing Act 2004, sections 49 and 50, Schedule 13 Highways Act 1980 Legal Aid, Sentencing and Punishment of Offenders Act 2012 8 INSOLVENCY Introduction Definition of insolvency Overview of individual insolvency procedures The debt respite scheme Overview of corporate insolvency procedures Insolvency restrictions APPENDICES PART A – STATUTORY MATERIAL A1 Charging Orders Act 1979 A2 Civil Procedure Rules, Part 73, Section I A3 Civil Procedure Rules, Practice Direction 73, Section I and Appendix A A4 Family Procedure Rules, Part 40 A5 Family Procedure Rules, Practice Direction 40A, Section I PART B – PRECEDENTS B1 Completed Specimen Form N379: Application for Charging Order on Land B2 Completed Specimen Form FE6: Application for Charging Order on Land B3 Completed Specimen Form N86: Interim Charging Order – Court Order B4 Witness Statement to Oppose Making of Final Charging Order B5 Order for Discharge of Charging Order where No Final Order Made B6 Completed Specimen Form N87: Final Charging Order – Court Order B6A Suggested wording for an application for a non-standard restriction B7 Standard Order 4.13 B8 Standard Order 4.14 B9 Form N244: Application Notice B10 Witness Statement in Support of Application to Discharge Final Charging Order B11 Draft Order for Discharge of Charging Order after Final Charging Order Made B12 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – I B13 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – II B14 Witness Statement in Support of Application for Sale – I B15 Witness Statement in Support of Application for Sale – II B16 Standard Form of Charging Order (Bankruptcy) B17 Draft Directions B18 Order: Joint Owners Tenanted B19 Order: Sole Legal Owner Overseas Entity Tenanted Index

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Book Synopsis

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Book SynopsisNicholas of Cusa is known as one of the most original philosophers of the 15th century, but by training he was a canon lawyer who received his degree from the University of Padua in 1423. The essays in this book analyse his legal and political ideas against the background of medieval religious, legal and political thought and its development in the Renaissance. The first two pieces deal with the legal ideas and humanism that affected Cusanus and with some of the problems faced by 15th-century lawyers, including his friends. The central section of the book also discusses how he reacted to the religious, legal and political issues of his day; Cusanus as reformer of the Church is a theme that runs through many of the essays. The final studies look at some of Cusanus'' contemporaries, with special emphasis on Gregor Heimburg, the sharpest critic of Cusanus.Table of ContentsContents: Acknowledgement, Thomas M. Izbicki and Gerald Christianson; Preface, Morimichi Watanabe; Introduction, Francis Oakley; Law and Society: The lawyer in an age of political and religious confusion: some 15th-century conciliarists; Humanism, law and reform: reflections on 15th-century lawyers; Nicholas of Cusa: The origins of modern Cusanus research in Germany and the establishment of the Heidelberg Opera Omnia; Authority and consent in church government: Panormitanus, Aeneas Sylvius, Cusanus; The episcopal election of 1430 in Trier and Nicholas of Cusa; Nicholas of Cusa, the Council of Florence and the Acceptation of Mainz (1439); The German Church shortly before the Reformation: Nicolaus Cusanus and the Veneration of the Bleeding Hosts at Wilsnack; Nicholas of Cusa and the Tyrolese monasteries: reform and resistance; Nicolaus Cusanus, monastic reform in the Tyrol and the De Visione Dei; Nicholas of Cusa and reform of the Roman Curia; Nicholas of Cusa, A General Reform of the Church; Nicholas of Cusa and the idea of tolerance; Cusanus’ Contemporaries: Nicholas of Cusa - Richard Fleming - Thomas Livingston; Humanism in the Tyrol: Aeneas Sylvius, Duke Sigismund, Gregor Heimburg; Gregor Heimburg and early humanism in Germany; Duke Sigismund and Gregor Heimburg; Imperial reform in the mid-15th century: Gregor Heimburg and Martin Mair; Indexes.

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Book SynopsisLooking at the experiences of women in early modern Portugal in the context of crime and forgiveness, this study demonstrates the extent to which judicial and quasi-judicial records can be used to examine the implications of crime in womenâs lives, whether as victims or culprits. The foundational basis for this study is two sets of manuscript sources that highlight two distinct yet connected experiences of women as participants in the criminal process. One consists of a collection of archival documents from the first half of the seventeenth century, a corpus called 'querelas,' in which formal accusations of criminal acts were registered. This is a rich source of information not only about the types of crimes reported, but also the process that plaintiffs had to follow to deal with their cases. The second primary source consists of a sampling of documents known as the âperdà o de parte.â The term refers to the victimâs pardon, unique to the Iberian Peninsula, which allowed individuals

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Book SynopsisEVIDENCE AND PROCEDURES FOR BOUNDARY LOCATION THE UPDATED CLASSIC GUIDE TO LAND BOUNDARY LAW AND EVIDENCE DISCOVERY The revised Seventh Edition of Evidence and Procedures for Boundary Location serves as the seminal guide to the principles and concepts of land boundary law and evidence for accurately determining boundaries. Written by a team of noted authorities on the subject, the book presents the proven methods for the rediscovery of real property boundaries. Grounded in historical documentation, field investigation, and recreation of the original surveying methodology, the book contains the appropriate and legally defensible tools needed for the re-establishment of land boundaries.Thoroughly revised and updated, the classic text contains fresh examples of case law, the most recent developments in forensic investigation in the discovery of obscured evidence, as well as a new chapter on emerging technology used in boundary suTable of ContentsPreface 1 Introduction 2 Definition, Scope, and Nature of Evidence 3 Words as Evidence 4 Evidence and Technology 5 Other Types or Species of Evidence 6 Calculations and Measurements as Evidence 7 Plats as Evidence 8 Evidence of Water Boundaries 9 Using Historical Knowledge as Evidence 10 Recording and Preserving Evidence 11 Procedures for Locating Boundaries Described by Words 12 Original Surveys and Related Platting Laws 13 Unwritten Transfers of Land Ownership 14 Guarantees of Title and Location 15 Using and Understanding Words in Boundary Descriptions 16 Professional Liability 17 Professional Stature 18 The Surveyor in Court 19 The Surveyor, the Law, and Evidence: A Professional Relationship Appendix A The Surveyor’s Report Appendix B Wooden Evidence Appendix C The [Quasi-]Judicial Function of Surveyors Appendix D Geodaesia Appendix E Land Acts that Created the Public Lands Index

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Book SynopsisThe place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality - all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Part 1 focuses on the contribution that neuroscience can make to legal learning, a theme that is carried through other chapters in the book. Part 2 explores the role of emotion in the working lives of academics and clinical staff, while Part 3 analyses the ways in which emotion can be used in Trade Review'By throwing light on the ways in which emotions play a significant role in both learning and teaching law, this international collection from some of the leading experts in legal education draws our attention to a much-neglected aspect of the educational process. It deserves to be widely read, seeking to enrich our understanding both of law students and law teachers by revealing just how crucial the affective domain is in relation to the rational thinking that we generally assume lies at the heart of legal education.' Fiona Cownie, Keele University, UK 'This pioneering text devotes long overdue attention to the role of the affective domain in legal education and compels action: at stake is the psychological and ethical wellbeing of our students, their educators and the practicing profession. To accommodate affect is not to oppose cognitive and lawyering excellence, but to enhance it. This volume will be essential reading for those committed to the moral-ethical development of a functioning and humane legal profession.' Sally Kift, Queensland University of Technology, Australia '... intellectually stimulating, wide-ranging, extremely well-written and long overdue... so multi-faceted and multi-layered that a second volume is doubtless warranted...' Hibernian Law JournalTable of ContentsContents: Introduction, Paul Maharg and Caroline Maughan; Part I Affect, Legal Education and Neuroscience: Why study emotion?, Caroline Maughan; Learning and the brain - an overview, Richard Roche; Enhancing self-control: insights from neuroscience, Lorraine Boran and David Delany. Part II Affect and Legal Education: Can litigators let go? The role of practitioner-supervisors in clinical legal education programmes, Sara Chandler; Instead of a career: work, art and love in university law schools, Anthony Bradney; What do academics think and feel about quality?, Chris Maguire. Part III Affect and Learning: From Socrates to Damasio, from Langdell to Kandel: the role of emotion in modern legal education, Alan M. Lerner; Legal understanding and the affective imagination, Maksymilian Del Mar; What students care about and why we should care, Graham Ferris and Rebecca Huxley-Binns; The body in (e)motion: thinking through embodiment in legal education, Julian Webb; Developing professional character - trust, values and learning, Karen Barton and Fiona Westwood; Addressing emotions in preparing ethical lawyers, Nigel Duncan; Space, absence, silence: the intimate dimensions of legal learning, Paul Maharg; Index.

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Book SynopsisA Guide to Landlord and Tenant Law provides a strong foundation in commercial landlord and tenant, and housing law. The book is designed to provide a complete course text for both undergraduate and postgraduate students from surveying and real estate management backgrounds. This clear and accessible textbook aims to introduce the reader to the fundamentals of both residential and commercial landlord and tenant law by considering the nature of the tenancy and the relationship between the parties. It examines the main elements of the commercial lease including rent, repair, alienation, termination and statutory renewal. The main types of residential tenancy are also considered including: assured and assured shorthold tenancies, secure and Rent Act tenancies and long leasehold enfranchisement. The book aims to familiarise the reader with the contractual documentation as well as the common law and statutory codes which form the basis of landlord and tenant transactions. It contTable of ContentsPart 1 – Leases, the basic principles 1 Introduction 2 The Lease/ license distinction 3 Formalities for creating a lease Part 2 – Obligations within the lease and termination 4 Introduction to obligations 5 Implied obligations 6 Express obligations 7 Repair 8 Rent 9 Alienation 10 Termination Part 3 – Business tenancies 11 Introduction 12 Who is a business tenant? 13 Contracting out, continuation and termination 14 Grounds of opposition 15 Application and grant of a new tenancy 16 Code for leasing business premises Part 4 – Residential tenancies 17 Introduction 18 Rent Act tenancies 19 Assured and assured shorthold tenancies 20 Secure tenancies 21 Protection from eviction 22 Long leaseholds and enfranchisement 23 Commonhold Part 5 – Agricultural tenancies 24 Agricultural Holdings 25 Farm Business Tenancies

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Book SynopsisJohn Duddington was Head of the Law School at Worcester College of Technology before retiring to focus on writing and research. He also teaches property law at the University of Worcester.Table of ContentsAcknowledgements vi Guided tour viii Table of cases and statutes x What you need to do for every question in Land Law xvii Chapter 1: Rights over land – the impact of the Human Rights Act: finder’s titles Chapter 2: Registered and unregistered title to land Chapter 3: Co-ownership of land Chapter 4: Trusts and the home Chapter 5: Licences and estoppel Chapter 6: Leases Chapter 7: Covenants affecting freehold land Chapter 8: Easements and profits Chapter 9: Mortgages Chapter 10: Adverse possession Chapter 11: A mixture of questions Bibliography Index

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Book SynopsisThe papers selected for this volume offer a panorama of problems and methods at the intersection of legal theory and the humanities. All taken from the last three decades, the papers discuss issues such as the role of the emotions and the imagination in legal reasoning, and the protection of the diversity of voices and perspective in the name of community. Unduly neglected sources and resources for legal theory are also explored: images, still and moving; performance, aural and gestural; and space, old and new, from the Inns of Court to the World Wide Web. The articles balance renewed calls to humanise legal theory with those that analyse and explore the relevance of specific domains of the humanities - such as literature, architecture, music, painting, drawing and film - for law. The volume contains a substantive introduction and a detailed bibliography.Table of ContentsContents: Introduction. Part I Imagination, Emotion and the Particular: Empathy, legal storytelling, and the rule of law: new words, old wounds?, Toni M. Massaro; Poets as judges: judicial rhetoric and the literary imagination, Martha C. Nussbaum; The echo of a sentimental jurisprudence, Ian Ward. Part II Voice, Perspective and Community: The judicial opinion and the poem: ways of reading, ways of life, James Boyd White; Law as rhetoric, rhetoric as law: the arts of cultural and communal life, James Boyd White; The judicial opinion as literary genre, Robert A. Ferguson; Narrative transactions - does the law need a narratology?, Peter Brooks; Ghosts of law and humanities (past, present, future), Marett Leiboff. Part III Image, Vision and Pattern: The aesthetics of American law, Pierre Schlag; Tele-tribunals: anatomy of a medium, Cornelia Vismann; Precrime never pays! ’Law and economics’ in Minority Report, William P. MacNeil; Visiocracy: on the futures of the fingerpost, Peter Goodrich. Part IV Space, Music and Performance: Law, music, and other performing arts, Sanford Levinson and J.M. Balkin; Theatre of deferral: the image of the law and the architecture of the Inns of Court, David Evans; Prelude: senses and symbols in aesthetic experience, Desmond Manderson; Legal performance good and bad, Julie Stone Peters; Screening law, Peter Goodrich. Index.

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Book SynopsisThoroughly 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 prisoneTrade Review"The ambitious, overarching themes of power and justice could well have resulted in a disparate collection of miscellaneous essays; the editors are to be commended for a coherent, original collection that makes an original and substantial contribution to an under-considered field of study and will be of great interest to scholars from many disciplines."Hilary Maddocks, The University of Melbourne, Journal of the Australian and New Zealand Association for Medieval and Early Modern StudiesTable of ContentsContents: Introduction, Rosalind Brown-Grant; Translating power for the Princes of the Blood: Laurent de Premierfait’s Des cas des nobles hommes et femmes, Anne D. Hedeman; How to wield power with justice: the 15th-century Roman de Florimont as a Burgundian ‘Mirror for Princes’, Rosalind Brown-Grant; The just captain in the Jouvencel by Jean de Bueil, Michelle Szkilnik; Reconfiguring queen truth in Paris, BnF, Ms. fr. 22542 (Songe du vieil pelerin), Kristin Bourassa; Allegorical design and political image-making in late medieval France, Cynthia J. Brown; The wolf, the shepherd, and the whale: critiquing the king through metaphor in the reign of Louis XI, Lydwine Scordia; Passing sentence: variations on the figure of the judge in French political, legal, and historical texts from the 13th to the 15th century, Barbara Denis-Morel; The judge and the martyr: images of power and justice in religious manuscripts from the 12th to the 15th century, Maïté Billoré and Esther Dehoux; Beastly power, holy justice in late medieval France: from Robert Gobin’s Loups ravissans to Books of Hours, Mary Beth Winn; The queen on trial: spectacle of innocence, performance of beauty, Yasmina Foehr-Janssens; Claude of France: justice, power, and the queen as advocate for her people, Kathleen Wilson-Chevalier; List of manuscripts and early printed editions cited; Bibliography; Index.

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Book SynopsisAdrian Stalker sets eviction law in context by providing an outline of the development of Scots law in relation to it, and analysing the complex statutory schemes regulating security of tenure. In particular, he examines the prerequisites for obtaining an order for possession under the Housing (Scotland) Acts 1988 and 2001 and an eviction order under the Private Housing (Tenancies) (Scotland) Act 2016.

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Book SynopsisIt is the purpose of this book to bring together materials that may help the lawyer and the planner talk together with a greater understanding of each other's problems and points of view. This casebook contains collections of facts or events, some hypothetical, but most of them historical, that raises serious conflicts of interest and require settlement by some device, either the dictate of some private individual or group, or the exercise of a more orderly "legal" procedure.

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Book SynopsisAfter the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres.Francisco I. Madero, demanding that the executive branch of government assume the judiciary’s control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico—those implemented by Emiliano Zapata and Venustiano Carranza—subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practiceTrade Review"Matters of Justice should be studied as a general course-correction in our understanding of how pueblos, land, and governance intersected during a formative period in Mexico's history."—Morgan Veraluz, New Mexico Historical Review"Because of the care with which she reconstructs the implementation of the early agrarian reform, Baitenmann's book will be required reading for those teaching or writing about the history of the Mexican Revolution for many years to come."—Timothy M. James, H-LatAm"Baitenmann excels at grounding her argument in exhaustive archival research within the context of the broader literature."—M. Becker, Choice“Richly researched and carefully argued, Matters of Justice sheds new light on the agrarian reforms born of the Mexican Revolution, showing how changing political circumstances and unforeseen practical difficulties turned widespread calls for village land restitution into a makeshift system of executive land grants that bypassed judicial sanction and gave birth to a new institution, the Mexican ejido. A must-read for every historian of modern Mexico.”—Emilio Kourí, author of A Pueblo Divided: Business, Property, and Community in Papantla, Mexico“A landmark history of the Mexican agrarian reform’s juridical underpinnings and the logistical considerations that shaped its execution. Matters of Justice punctures historiographical shibboleths and paints a new portrait of what lawmakers believed the land reform was and how it should be executed. It provides crisp insight into how communities learned to navigate the land reform’s sometimes labyrinthine legal structures.”—Christopher Boyer, author of Political Landscapes: Forests, Conservation, and Community in Mexico“A much-needed corrective to the first decade of agrarian reform in Revolutionary Mexico. . . . Because the foci shift seamlessly between the federal district and the countryside, the result is a multivocal and balanced assessment of agrarian reform that, despite its shortcomings, contradictions, and inconsistencies, set the course of Mexican rural policy for the next eighty years.”—John J. Dwyer, author of The Agrarian Dispute: The Expropriation of American-Owned Rural Land in Postrevolutionary MexicoTable of ContentsList of Illustrations Acknowledgments Introduction: Hidden Histories of Revolutionary Agrarian Reform 1. The Inherent Difficulties of Winning Pueblo Land and Water Suits in Nineteenth-Century Mexico 2. Pueblo Land and Water Claims during the Madero Administration, 1911–1913 3. The Zapatista Land Reform, 1911–1916 4. The Constitutionalist Land Reform in the Absence of the Judiciary, 1914–1917 5. The Return of the Judiciary in Uncertain Times, 1917–1924 6. The Morelos Laboratory, 1920–1924 Epilogue: Zapatista and Constitutionalist Agrarian Reforms Compared Glossary Notes Bibliography Index

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Book SynopsisAfter the fall of the Porfirio Díaz regime, pueblo representatives sent hundreds of petitions to Pres.Francisco I. Madero, demanding that the executive branch of government assume the judiciary’s control over their unresolved lawsuits against landowners, local bosses, and other villages. The Madero administration tried to use existing laws to settle land conflicts but always stopped short of invading judicial authority. In contrast, the two main agrarian reform programs undertaken in revolutionary Mexico—those implemented by Emiliano Zapata and Venustiano Carranza—subordinated the judiciary to the executive branch and thereby reshaped the postrevolutionary state with the support of villagers, who actively sided with one branch of government over another. In Matters of Justice Helga Baitenmann offers the first detailed account of the Zapatista and Carrancista agrarian reform programs as they were implemented in practiceTrade Review"Matters of Justice should be studied as a general course-correction in our understanding of how pueblos, land, and governance intersected during a formative period in Mexico's history."—Morgan Veraluz, New Mexico Historical Review"Because of the care with which she reconstructs the implementation of the early agrarian reform, Baitenmann's book will be required reading for those teaching or writing about the history of the Mexican Revolution for many years to come."—Timothy M. James, H-LatAm"Baitenmann excels at grounding her argument in exhaustive archival research within the context of the broader literature."—M. Becker, Choice“Richly researched and carefully argued, Matters of Justice sheds new light on the agrarian reforms born of the Mexican Revolution, showing how changing political circumstances and unforeseen practical difficulties turned widespread calls for village land restitution into a makeshift system of executive land grants that bypassed judicial sanction and gave birth to a new institution, the Mexican ejido. A must-read for every historian of modern Mexico.”—Emilio Kourí, author of A Pueblo Divided: Business, Property, and Community in Papantla, Mexico“A landmark history of the Mexican agrarian reform’s juridical underpinnings and the logistical considerations that shaped its execution. Matters of Justice punctures historiographical shibboleths and paints a new portrait of what lawmakers believed the land reform was and how it should be executed. It provides crisp insight into how communities learned to navigate the land reform’s sometimes labyrinthine legal structures.”—Christopher Boyer, author of Political Landscapes: Forests, Conservation, and Community in Mexico“A much-needed corrective to the first decade of agrarian reform in Revolutionary Mexico. . . . Because the foci shift seamlessly between the federal district and the countryside, the result is a multivocal and balanced assessment of agrarian reform that, despite its shortcomings, contradictions, and inconsistencies, set the course of Mexican rural policy for the next eighty years.”—John J. Dwyer, author of The Agrarian Dispute: The Expropriation of American-Owned Rural Land in Postrevolutionary MexicoTable of ContentsList of Illustrations Acknowledgments Introduction: Hidden Histories of Revolutionary Agrarian Reform 1. The Inherent Difficulties of Winning Pueblo Land and Water Suits in Nineteenth-Century Mexico 2. Pueblo Land and Water Claims during the Madero Administration, 1911–1913 3. The Zapatista Land Reform, 1911–1916 4. The Constitutionalist Land Reform in the Absence of the Judiciary, 1914–1917 5. The Return of the Judiciary in Uncertain Times, 1917–1924 6. The Morelos Laboratory, 1920–1924 Epilogue: Zapatista and Constitutionalist Agrarian Reforms Compared Glossary Notes Bibliography Index

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Book SynopsisEmptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international-comparative perspectives, providing the first legal geographic analysis of the "dead Negev doctrine" used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version ofterra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state.Emptied Lands critically examines several key land claims, court rulings, planning policies, and development strategies, offering alternative local, regional, and international routes for justice.Trade Review"People are dispossessed not only with guns and bulldozers, but also with legal practices and strategies. Emptied Lands reveals how the painfully named and legally invoked Dead Negev Doctrine facilitates the continued dispossession of Bedouins in the Negev, the most intense and protracted land dispute within Israel. Drawing from decades of activism and scholarship, Kedar, Amara, and Yiftachel provide a powerful challenge to the doctrine, creating space for better forms of legality."—Nicholas Blomley, Simon Fraser University"Three of the best critical scholars of contemporary Palestine have successfully combined legal, geographical, and political analysis into a forensic study of how Israel has weaponized the law against the most vulnerable of all inhabitants of Palestine, the Bedouins. A remarkable multidisciplinary feat, this book provides an essential understanding of settler colonialism."—Eyal Weizman, Goldsmiths, University of London"This book is particularly valuable on a subject that is as complex as it is almost unresearched—namely, how the state formulates different elements that amalgamate politics with history and law in order to legitimize Bedouin land dispossession. Kedar, Amara, and Yiftachel...are able to identify and explain in their historical and legal context the key elements of the state's policy and the court decisions with regard to the Bedouin land issue."—Morad Elsana, Israel Studies Review"[Emptied Lands] confronts us with a direct, scholarly account of one of the main routes to dispossession on which the State of Israel has relied in emptying the Negev of its Palestinian Bedouin residents. This fascinating and well-written book—the result of extensive archival research, verification of sources, and a thorough reading of historical and geographical documents—systematically dismantles the Israeli establishment's claims using a variety of scientific, legal, geographic, planning, and Zionist sources. The uniqueness of the work lies in the presentation of an alternative, geographically based legal property rights study."—Safa Aburabia, Journal of Palestine Studies"The three authors have done a great service to those who wish to critically appraise the Israeli court position with regard to Bedouin in the Negev, their indigeneity and their claims to autonomy. Knowing the argument put forward to deny their indigeneity, or their rights to the lands of their forefathers, is powerful ammunition for future legal cases, as well as in continuing resistance to being ignored in 'unrecognised villages', or forcibly resettled."—Dawn Chatty, Nomadic PeoplesTable of ContentsIntroduction: Terra Nullius in Zion? 1. The Legal Geography of Indigenous Bedouin Dispossession 2. The Land Regime of the Late Ottoman Period 3. The Land Regime of the Mandate Period 4. Formulating the Dead Negev Doctrine During the Israeli Period 5. Historical Geography of the Negev: Bedouin Agriculture 6. Bedouin Territory and Settlement 7. The Bedouin as an Indigenous Community 8. International Law, Indigenous Land Rights, and Israel 9. State and Bedouin Policies and Plans Conclusion:

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Book Synopsis

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