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Book SynopsisJean-Jacques Rousseau stands as one of the most influential figures in the history of philosophy. His masterpiece-The Social Contract-has had a profound effect on legal and political theorists ever since its appearance. Rousseau and Law presents for the first time in one collection the most important contemporary work exploring his many contributions to legal theory. These essays deal with a variety of issues, such as social contract theories, democratic rights, fundamental law, natural law and natural rights, affinities between Rousseau and Dworkin's legal theories, narrative, bioethics, and promise enforcement.Table of ContentsContents: The General Will and Social Contract Theory: What is the general will?, Gopal Sreenivasan (2000); Universal and general wills: Hegel and Rousseau, Arthur Ripstein; Forced to be free, John Hope Mason. Democratic Rights: Reflections on Rousseau: autonomy and democracy, Joshua Cohen; Rousseau on proportional majority rule, Paul Weirach; Rousseau on agenda-setting and majority rule, Ethan Putterman; 'To persuade without convincing': the language of Rousseau's legislator, Christopher Kelly; Rousseau for (and against) censorship, Christopher Kelly. Fundamental Law: Rousseau on fundamental law, Melissa Schwartzberg. Natural Law and Natural Rights: Rousseau's theory of natural law as conditional, John B. Noone Jr; Rousseau's moral realism: replacing natural law with the general will, Arthur M. Melzer; Rousseau's Pufendorf: natural law and the foundations of commercial society, Robert Wokler. Rousseau and Dworkin: Rousseau in Dworkin: judicial rulings as expressions of the general will, Richard Nordahl. Narratives and the Law: Narratives of hierarchy: Loving v. Virginia and the literary imagination, Martha Nussbaum. Bioethics: The reemergence of enlightenment ideas in the 1994 French bioethics debates, Nan T. Ball. Promise Enforcement: Promise enforcement in public housing: lessons from Rousseau and Hundertwasser, Kirsten D.A. Carpenter; Name 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 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 SynopsisA Practical Guide to Permitted Changes of Use is the definitive, comprehensive practical guide to permitted changes of use under the much changed General Permitted Development Order (‘GPDO’). The extensive changes to the Use Classes Order in 2020 were clearly going to be followed by consequential amendments to the GPDO, especially to permitted development rights for changes of use in Parts 3 and 4 of its Second Schedule. This has led to the most radical shake-up of these provisions since permitted development rights for changes of use began to be significantly expanded from 2013 onwards. The new provisions came into force on 1 August 2021, and the Fourth Edition of A Practical Guide to Permitted Changes of Use contains a fully updated text explaining these legislative changes in detail. Some significant expansion of PD rights has been brought about, notably Class MA, which permits the residential conversion of the wide range of buildings in commercial, business or service uses that now fall within Use Class E. Some former PD rights have now been removed. A few of these were simply redundant, as a result of both the pre-existing use and the new use now falling within one and the same Use Class, so that a change of use from one to the other is no longer development at all. Others have been replaced by new or enlarged PD rights under other Classes. For example, the revised and expanded Class A now embraces previous PD rights under Classes A, B, C, D, E and F (to the extent that some of these have not been rendered altogether redundant). This has left a number of PD rights that have been removed from the GPDO altogether without being replaced in any way. These are defined as ‘protected development’, and their life has been extended for a limited period. All these former PD rights are identified in the book, and the transitional rules that apply to them are explained in detail. This Fourth Edition of A Practical Guide to Permitted Changes of Use will be an essential resource for property owners, developers and their professional advisers, giving them a completely up-to-date guide to this increasingly complicated and much-amended legislation.

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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 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 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 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 SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Authoritative and multidisciplinary in approach, this Research Agenda shapes questions that will underpin future legal and empirical scholarly inquiry on zoning and land use regulation in the US. Building on existing debates and providing a comprehensive overview of the current state of academic research, it identifies the gaps which need addressing in future research.Bringing together a diverse array of prominent voices across multiple disciplines, A Research Agenda for US Land Use and Planning Law adeptly navigates central themes including the structure of land use regulation, the relationship between zoning and planning, and the role of different levels of government and administrative agencies. Chapters critically analyse the laws that govern public participation alongside the potential reforms to these processes. A number of pressing issues are rigorously examined, including housing, historic preservation, sustainability and climate change, transportation, declining cities, residential segregation, and the relationship between private and public land use controls.This accessible and progressive Research Agenda will be of great interest to scholars and graduate students interested in planning, zoning, urban economics, property law, environmental law, legal studies, and political science. Practitioners looking for insightful analysis of seminal literature will similarly find this to be a beneficial read.Trade Review‘This superb book, edited by prominent land use law professors Infranca and Schindler, features a “who’s who” of academic authorities who thoughtfully tackle today’s salient issues of land use law and planning in highly readable and stimulating prose. This book belongs on the shelves of all land use scholars and practitioners.’ -- Jerold S. Kayden, Harvard University, US‘At a time when the stakes could not be higher for how our built environment shapes our economy and society, John Infranca and Sarah Schindler have gathered a remarkable group of scholars to map the complex dynamics defining contemporary land-use and planning law, making a compelling argument for the value of research to navigate the challenging paths ahead.’ -- Nestor Davidson, Fordham University, USTable of ContentsContents: Introduction: Themes and Trends in land use and planning law research 1 PART I STRUCTURE OF LAND USE AND PLANNING LAW 1 The role of planning 47 Nicholas J. Marantz 2 The role of the states 59 Moira O’Neill 3 The structure of land use administration 75 Noah M. Kazis PART II PROCESS OF LAND USE AND PLANNING LAW 4 Public participation 93 Katherine Levine Einstein, David M. Glick, and Maxwell Palmer 5 The law’s effects on public participation 109 Vicki Been and Anika Singh Lemar PART III EFFECTS OF LAND USE AND PLANNING LAW 6 Rethinking local regulations governing housing production 133 Ingrid Gould Ellen, Yonah Freemark and Jenny Schuetz 7 Land use regulation and residential segregation 153 Paavo Monkkonen and Michael Lens 8 Sustainable land use policy and planning 171 Sarah Fox 9 Climate-conscious land use planning 187 Danielle Stokes 10 Historic preservation law 203 Sara C. Bronin 11 First principles in transportation law and policy 221 Jonathan Levine and Gregory H. Shill 12 Downtown revitalization and declining cities 237 Justin B. Hollander 13 Private land use controls 253 Christopher Serkin 14 American land-use and planning law in comparative European perspective 265 Sonia A. Hirt Index

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Book SynopsisReveals the impact of Tanzania's land law reforms and the ways in which women's rights to land ownership have been overridden in spite of law. Recent decades have seen a wave of land law reforms across Africa, in the context of a "land rush" and land-grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeksto re-orientate current debates on women's land rights towards a focus on the law in action. Drawing on the author's ethnographic research in the Arusha region of Tanzania, it explores how the country's land law reforms have impacted on women's legal claims to land. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment. Dancer's work explores three central issues. First, it considers the nature of women's claims to land in Tanzanian family contexts,the value of land in an era of land reform and the 'land rush' across Africa, and the extent to which the social issues raised are addressed by Tanzania's current laws and legal system. Secondly, it examines how agency and power relations between social and legal actors engaged in legal processes affect women's access to justice and the progression of claims. Thirdly, it explores Tanzanian concepts of justice and rights and how women's claims have been judged by land courts in practice. Helen Dancer is a lecturer in Law at the University of Brighton. She practised as a barrister in England specialising in family legal aid cases prior to training as a legal anthropologist. She is also a consultant for Future Agricultures at IDS, University of Sussex. Her areas of research interest include law and development, gender and land, and human rights and legal pluralism.Trade Review[T]he book addresses the existing legal provisions, deficiencies and achievements of gender equity in land allocation. . . . The book is highly valuable to scholars in conflict studies, law, international studies, diplomacy, development studies and anthropology. * AFRICAN STUDIES QUARTERLY *Having seen the author of this book present her work, I had high expectations, and they were not disappointed. This is a well-grounded and carefully thought through study. * TANZANIAN AFFAIRS *This is an excellent book that details the micro-level exclusions and difficulties women face in asserting land rights as well as the challenges states face in attempting to accommodate customary land law within egalitarian legal systems. It will be especially interesting to those interested in women's property rights and access to justice under customary law. * AFRICAN STUDIES REVIEW *Table of ContentsIntroduction Social origins of women's claims to land: Gender, family and land tenure in Arusha Women's claims to land in Tanzania's statutory framework Making legal claims to land: Agency, power relations and access to justice Doing justice in women's claims: Haki and equal rights "Shamba ni langu" (The shamba is mine): A case study of gender, power and law in action Conclusion

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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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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