Property law: general Books
Wits University Press Land, Law and Chiefs in Rural South Africa:
Book SynopsisWho controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important.The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognises customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as 'living customary law'. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyse the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa.Table of Contents Preface - William Beinart Introduction Land, Law and Chiefs: Contested Histories and Current Struggles - William Beinart Chapter 1 Constitutional Court Judgements, Customary Law and Democratisation in South Africa - Geoff Budlender Chapter 2 Was 'Living Customary Law' There All Along? - Derick Fay Chapter 3 When Custom Divides 'Community': Legal Battles over Platinum in North West Province - Sonwabile Mnwana Chapter 4 Chiefs, Mines and the State in the Platinum Belt: The Bapo-ba-Mogale Traditional Community and Lonmin - Gavin Capps Chapter 5 Grave Sites and Dispossession in Mpumalanga - Dineo Skosana Chapter 6 The Abuse of Interdicts by Traditional Leaders in South Africa - Joanna Pickering and Ayesha Motala Chapter 7 Resisting the Imposition of Ubukhosi: Contested Authority-Making in the Former Ciskei - Thiyane Duda and Janine Ubink Chapter 8 Black Landlords, Their Tenants and the Natives Administration Act of 1927 - Khumisho Moguerane Chapter 9 Customary Law and Land Ownership in the Eastern Cape - Rosalie Kingwill Chapter 10 A History of Communal Property Associations in South Africa - Tara Weinberg Chapter 11 'This is Business Land': The Hlolweni Land Claim, 1983-2016 - Raphael Chaskalson Chapter 12 Restitution and Land Rights in the Eastern Cape: The Hlolweni, Mgungundlovu and Xolobeni Cases - William Beinart
£27.00
Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and
Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index
£212.00
Edward Elgar Publishing Ltd Governance of Intellectual Property Rights in
Book SynopsisTo a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a 'norm-taker' as it increasingly becomes a 'norm-maker'. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.'- Alexander Peukert, Goethe University, Frankfurt am Main, Germany'Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!'- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent OfficeIntellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China.The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation.Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.Contributors include: D.O. Acquah, R.M. Ballardini, N. Bruun, Y. Guan, K. He, K. Larson, N. Lee, M. Li, Y. Li, M. Oker-Blom, B.P.-W. Liu, L. Tammenlehto, W. Wu, P.K. Yu, L. Zhang, Q.-S. Zhao, Y. Zhao, L. ZhouTrade Review‘To a large extent, the global proliferation of IP laws in general and the development of Chinese IP law in particular can be described in terms of legal transplants. This remarkable book edited by Nari Lee, Niklas Bruun and Mingde Li is breaking new ground in the study of these phenomena. First, it provides a thorough theoretical introduction to legal transplants and the concept of governance. Second, it assembles case studies concerning timely topics in copyright, patent, and trade mark law, which illuminate that China is as well a “norm-taker” as it increasingly becomes a “norm-maker”. The studies are mostly written jointly by Chinese and non-Chinese authors. This pioneering approach brings together the two perspectives that are also pertinent in the process of transplantation, indigenization and transformation of IP laws. The collection thereby sets a new standard in the study of comparative IP law. It is an indispensable resource for everyone interested in Chinese and European IP law.’ -- Alexander Peukert, Goethe University, Frankfurt am Main, Germany‘Governance of Intellectual Property Rights in China and Europe is a timely analysis of the ongoing transformation of China, from a manufacturing to a knowledge-based economy, mirrored in the transplant, application and evolution of its IP laws. The book is even more remarkable as the contributions are written to a great extent in co-authorship by Chinese and European scholars, providing a unique blend of opinions and legal comparative analysis on the subject. An exciting and thought-provoking volume!’ -- Stefan Luginbuehl, PhD, Attorney at Law, Lawyer at the European Patent Office‘Governance of Intellectual Property Rights in China and Europe is a highly valuable resource and therefore a recommended read for practitioners and academics alike. It is valuable not only for those whose expertise is in law, but also for economists, political scientists, and management experts wanting to better understand the process through which the governments in China and Europe not just transplant, but actually govern, IP law and practice.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction PART I INTELLECTUAL PROPERTY FOR INNOVATION AND CREATIVITY IN CHINA 1. Intellectual Property Law in China - From Legal Transplant to Governance Nari Lee 2. The Transplant and Transformation of Intellectual Property Laws in China Peter K.Yu 3. Legal Transplant of Intellectual Property Rights in China: Norm Taker or Norm Maker? Niklas Bruun and Liguo Zhang 4. Intellectual Property Law Revision in China: Transplantation and Transformation Mingde Li PART II COMPARING CONCEPTS AND NORMS IN CHINESE AND EUROPEAN IP LAW 5. Concept of Originality in Copyright Law in China and Europe Kan He 6. Orphan Works in China and Europe Yuying Guan 7. Art Law and Resale Rights in Europe and China Lin Zhou and Rosa Maria Ballardini 8. Parallel Trademark Law Reforms in China and Europe – An Informal Convergence? Liguo Zhang and Max Oker-Blom 9. The Glocalization of Patent Linkage In China Benjamin Pi-Wei Liu 10. Recent IP Legal Reforms in China and the EU in Light of Implementing IPR Strategies Liguo Zhang PART III GOVERNANCE OF PRACTICES AND IP ENFORCEMENT 11. China’s CMC system and its Problems from the Copyright Law of 1990 to its Third Amendment Weiguang Wu 12. Collective Rights Management in China and Europe: Between Market and Authority Nari Lee and Yang Li 13. A Comparative Study on the Relationship between Injunctions and FRAND Statements in China and the EU Qi-shan Zhao 14. European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China Yang Li and Nari Lee 15. The Emergence of Non-practicing Entities in China Kelli Larson 16. Special Intellectual Property Court in China Mingde Li 17. Chinese Developments Regarding Judicial Enforcement Mechanisms in Intellectual Property Law Yajie Zhao and Niklas Bruun 18. Criminal Enforcement of IPR in Nordic Countries and China Laura Tammenlehto and Kan He 19. Customs Enforcement of Intellectual Property in Europe and China Daniel Opoku Acquah and Kan He Index
£137.00
Edward Elgar Publishing Ltd Handbook on the Law of Cultural Heritage and
Book SynopsisThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues - including human rights, pluralism and nationalism - from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.Contributors include: T. Adlercreutz, E. Beccerril, M. Beukes, J. Blake, K. Chamberlain, P. Conlan, M. Cornu, P. Davies, J. Ding, T. Einhorn, F. Fiorentini, C. Forrest, M. Frigo, K. Hausler, A. Jakubowski, O. Jakubowski, T. Kono, S. Kozai, E.N. Moustaira, P. Myburgh, J.A.R. Nafziger, R.K. Paterson, M.-A. Renold, B. Schönenberger, K. Siehr, A.F. VrdoljakTrade Review‘There is a sad dearth of writings on ‘Cultural Heritage’ with just two or three other books on this topic, the best, by far, being Elgar’s Handbook on the Law of Cultural Heritage and International Trade. I have seen no other book on this subject that even links International Trade Law with this subject and so the two Editors, Professors Nafziger and Paterson are to be hugely commended for this exciting and scholarly legal Masterpiece, a true Handbook in the true sense of the word.’ -- Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Cultural Heritage Law James A.R. Nafziger and Robert Kirkwood Paterson 2. International Trade in Cultural Material James A.R. Nafziger and Robert Kirkwood Paterson 3. Australia Craig Forrest 4. Canada Robert Kirkwood Paterson 5. China James Ding 6. France Marie Cornu 7. Germany Kurt Siehr 8. Greece Elina N. Moustaira 9. Ireland Patricia Conlan 10. Israel Talia Einhorn 11. Italy Manlio Frigo 12. Japan Shigeru Kozai and Toshiyuki Kono 13. Mexico Ernesto Becerril 14. New Zealand Piers Davies and Paul Myburgh 15. Poland Andrzej Jakubowski and Olgierd Jakubowski 16. South Africa Margaret Beukes 17. Sweden Thomas Adlercreutz 18. Switzerland Marc-André Renold and Beat Schönenberger 19. Turkey Janet Blake 20. United Kingdom Kevin Chamberlain and Kristin Hausler 21. United States James A.R. Nafziger 22. Controls on the Export of Cultural Objects and Human Rights Kevin Chamberlain and Ana Vrdoljak 23. Foreign Culture: Export Controls on Material of Foreign Origin Robert K. Paterson and Marc-André Renold 24. A Legal Pluralist Approach to International Trade in Cultural Objects Francesca Fiorenti Index
£50.30
Edward Elgar Publishing Ltd Comparative Property Law
Book SynopsisThis research review provides thought-provoking discussion of the most influential papers in the field of comparative property law. These articles have played an essential role in shaping property law discourse on both a national and global level. The review carefully examines different concepts and aspects of property, including theoretical approaches and comparative perspectives, followed by a series of key constitutional questions. This structure offers the reader the opportunity to trace the evolution of comparative property law through the global legal community. Students, teachers and practitioners will find this analysis both a fascinating read and a helpful tool in thoroughly understanding the central, yet profoundly puzzling topic of comparative property law.Trade Review‘Through a stimulating compilation of break-through essays by outstanding legal scholars, this collection traces the history of legal ideas regarding and surrounding property. By identifying the link between old and new research perspectives on property law, the volumes take the reader from a static dimension and analysis of property, to a modern, dynamic, global and comparative approach to it.’ -- – Mauro Bussani, Univeristy of Trieste, Italy and University of Macao, S.A.R of the P.R. of ChinaTable of ContentsContents: Introduction Antonio Gambaro PART I HISTORICAL BACKGROUND OF CONTEMPORARY DISCOURSES 1. Peter Birks (1985), ‘The Roman Law Concept of Dominium and the Idea of Absolute Ownership’, Acta Juridica, 1985, 1–37 2. Carol M. Rose (1998–99), ‘Canons of Property Talk, or, Blackstone’s Anxiety’, Yale Law Journal, 108 (3), December, 601–32 PART II PROPERTY IN MODERN THEORY 3. Wesley Newcomb Hohfeld (1913), ‘Some Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 23 (1), November, 16–59 4. Wesley Newcomb Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning, Yale Law Journal, 26 (8), June, 710–70 5. A. M. Honoré (1961), ‘Ownership’, in A. G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, London, UK: Oxford University Press, 107–47 6. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review, 85 (6), April, 1089–1128 7. Bernard Rudden (1994), ‘Things as Thing and Things as Wealth’, Oxford Journal of Legal Studies, 14 (1), Spring, 81–97 8. Amnon Lehavi (2008), ‘The Property Puzzle’, Georgetown Law Journal, 96 (6), August, 1987–2027 9. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–1726 10. Thomas W. Merrill (2012), ‘Property as Modularity’, Harvard Law Review, 125 (7), May, 151–63 11. Christian von Bar and Ulrich Drobnig (2004), ‘Law of Things or Property Law?’, in The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study, Part 2: Section 1, Munich, Germany: Sellier European Law Publishers, 317–20 12. Anna di Robilant (2013), ‘Property: A Bundle of Sticks or a Tree?’, Vanderbilt Law Review, 66 (3), April, 869–932 PART III COMPARATIVE OVERVIEW 13. John Henry Merryman (1974), ‘Ownership and Estate (Variation on a Theme by Lawson)’, Tulane Law Review, 48, 916–45 14. Ugo Mattei (2000), ‘Preface’ and ‘History’, in Basic Principles of Property Law: A Comparative Legal and Economic Introduction, Preface and Chapter 1, Westport, CT, USA: Greenwood Press, xi–xiv, 1–27 15. Sjef van Erp (2006), ‘Comparative Property Law’, in Mathias Reimann and Reinhard Zimmermann, The Oxford Handbook of Comparative Law, Part III, Chapter 32, New York, NY, USA: Oxford University Press, 1044–70 16. Francesco Parisi (2002), ‘Entropy in Property’, American Journal of Comparative Law, 50 (3), Summer, 595–632 17. Michael Trebilcock and Paul-Erik Veel (2008), ‘Property Rights and Development: The Contingent Case for Formalization’, University of Pennsylvania Journal of International Law, 30 (2), 397–481 18. Anna di Robilant (2014), ‘Property and Democratic Deliberation: The Numerus Clausus Principle and Democratic Experimentalism in Property Law’, American Journal of Comparative Law, 62 (2), Spring, 301–350 19. Yun-chien Chang and Henry E. Smith (2015), ‘Structure and Style in Comparative Property Law’, in Theodore Eisenberg and Giovanni B. Ramello (eds), Comparative Law and Economics, Part II, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 131–60 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I PROPERTY PROBLEMS IN COMPARATIVE PERSPECTIVES 1. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 2. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 3. Sjef van Erp (2003), ‘A Numerus Quasi-Clausus of Property Rights as a Constitutive Element of a Future European Property Law?’, Electronic Journal of Comparative Law, 7 (2), June, accessed on 7th December 2016, 1–12, http://www.ejcl.org/72/abs72-2.html 4. Christian von Bar (2014), ‘The Numerus Clausus of Property Rights: A European Principle?’, in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale, Chapter 23, Oxford, UK and Portland, OR, USA: Hart Publishing Ltd, 441–54 5. Henry Hansmann and Ugo Mattei (1998), ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’, New York University Law Review, 73 (2), May, 434–79 6. Michele Graziadei, Ugo Mattei and Lionel Smith (2005), ‘Commercial Trusts in European Private Law: The Interest and Scope of the Enquiry’, in Commercial Trusts in European Private Law, Part 1: Chapter 1, New York, NY, USA: Cambridge University Press, 3–44 7. Michael Milo and Jan Smits (2000), ‘Trusts in Mixed Legal Systems: A Challenge to Comparative Trust Law’, European Review of Private Law, 8 (3), 421–26 8. Daniel Clarry (2014), ‘Fiduciary Ownership and Trusts in a Comparative Perspective’, International and Comparative Law Quarterly, 63 (4), October, 901–33 9. J. W. Harris (1996), ‘Who Owns My Body’, Oxford Journal of Legal Studies, 16 (1), Spring, 55–84 10. Antonio Gambaro (2013), ‘Community, State, Individuals and the Ownership of Cultural Objects’, in Jorge A. Sánchez Cordero (ed.), The 1970 UNESCO Convention: New Challenges, Mexico City, Mexico: Universidad Nacional Autónoma de México, 135–49 11. Ulrich Bälz (1997), ‘Fundamental Changes in the Protection of Property – Some Comparative Reflections’, Tel Aviv University Studies in Law, 13, 221–30 PART II CONSTITUTIONAL PROPERTY 12. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 13. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–1258 14. Frank I. Michelman (1996), ‘Socio-Political Functions of Constitutional Protection for Private Property Holdings (In Liberal Political Thought)’, in G. E. Van Maanen and A. J. van der Walt (eds), Property Law on the Threshold of the 21st Century, Antwerp, Belgium and Apeldoorn, the Netherlands: MAKLU Uitgevers, 433–50 15. Carol M. Rose (2000), ‘Property and Expropriation: Themes and Variations in American Law’, Utah Law Review, 2000 (1), 1–38 16. Gregory S. Alexander (2006), ‘Lessons for American Takings Jurisprudence’, in The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence, Chapter 5, Chicago, IL, USA: University of Chicago Press, 199–243, 303–12 17. James Y. Stern (2013), ‘Property’s Constitution’, California Law Review, 101 (2), April, 277–326 Index
£526.00
Edward Elgar Publishing Ltd Comparative Property Law: Global Perspectives
Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index
£52.20
Edward Elgar Publishing Ltd Property Law
Book SynopsisThis important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.Trade Review‘Property is one of the most essential - and most misunderstood - concepts. The law of property is complex because the institution of private property fills a wide variety of functions, from providing security and autonomy to generating social welfare to supporting democratic political institutions. Understanding property is immeasurably enhanced by looking at it from a variety of normative perspectives and understanding how it has changed over time. These volumes address key issues by explaining debates among important theorists, all of whom have insights worth studying. The authors collected here have each put their mark on the field, and the editors have skillfully framed the fruitful debates they generated. A must-have compendium.’ -- Joseph William Singer, Harvard Law School, USTable of ContentsContents: Volume I Acknowledgements vii Introduction Gregory S. Alexander ix PART I CONCEPTUAL MATTERS: STRUCTURING OWNERSHIP 1. William Blackstone (1979 [1765–1769]), ‘The Rights’ in Commentaries on the Laws of England, Volume II, Chicago, IL: University of Chicago Press, 2 2 2. Wesley N. Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 26 (8), June, 710–70 3 3. A.M. Honoré (1961), ‘Ownership’, in A.G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, Oxford, UK and New York, NY, USA: Oxford University Press, 107–47 64 4. Thomas C. Grey (1980), ‘The Disintegration of Property’, in J. Roland Pennock and John W. Chapman (eds), Nomos XXII: Property, New York, NY, USA: New York University Press, 69–85 105 5. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–726 122 PART II THE OBJECTS OF PROPERTY 6. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 159 7. Margaret Jane Radin (1987), ‘Market-Inalienability’, Harvard Law Review, 100 (8), June, 1849–937 214 8. Cheryl I. Harris (1993), ‘Whiteness as Property’, Harvard Law Review, 106 (8), June, 1707–91 303 9. Joseph William Singer (1988), ‘The Reliance Interest in Property’, Stanford Law Review, 40 (3), February, 611–751 388 10. Sarah Harding (1999), ‘Value, Obligation and Cultural Heritage’, Arizona State Law Journal, 31 (2), February, 291–354 529 PART III RULES VERSUS STANDARDS IN PROPERTY LAW 11. Carol M. Rose (1988), ‘Crystals and Mud in Property Law’, Stanford Law Review, 40 (3), February, 577–610 594 12. Henry E. Smith (2009), ‘Mind the Gap: The Indirect Relation Between Ends and Means in American Property Law’, Cornell Law Review , 94 (4), May, 959–89 628 13. Gregory S. Alexander and Eduardo M. Peñalver (2012), ‘The Right to Exclude and its Limits’, in (eds) An Introduction to Property Theory , Chapter 7, Cambridge, UK: Cambridge University Press, 130–55 659 PART IV THE ECONOMIC APPROACH TO PROPERTY 14. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’, American Economic Review , 57 (2), May, 347–59 686 15. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review , 85 (6), April, 1089–128 699 16. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’, Stanford Law Review , 38 (3), February, 623–87 739 PART V NON-ECONOMIC THEORIES OF PROPERTY 17. Margaret Jane Radin (1982), ‘Property and Personhood’, Stanford Law Review , 34 (5), May, 957–1015 805 18. Gregory S. Alexander (2009), ‘The Social-Obligation Norm in American Property Law’, Cornell Law Review , 94 (4), May, 745–819 864 Volume II Acknowledgements vii Introduction: An Introduction by the editor appears in Volume I PART I THE NUMERUS CLAUSUS QUESTION 1. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 2 2. Henry Hansmann and Reinier Kraakman (2002), ‘Property, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights’, Journal of Legal Studies, 31 (S2), June, S373–S420 72 PART II COMMONS AND PROPERTY RIGHTS 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 121 4. James E. Krier (1992), ‘The Tragedy of the Commons, Part Two’, Harvard Journal of Law and Public Policy, 15 (2), Spring, 325–47 189 PART III ESTATES IN LAND AND FUTURE INTERESTS 5. T.P. Gallanis (2003), ‘The Future of Future Interests’, Washington and Lee Law Review, 60 (2), Spring, 513–75 213 6. W. Barton Leach (1938), ‘Perpetuities in a Nutshell’, Harvard Law Review, 51 (4), February, 638–71 276 7. Lawrence W. Waggoner (1985), ‘Perpetuities: A Perspective on Wait-and-See’, Columbia Law Review, 85 (8), December, 1714–29 310 PART IV LANDLORD/TENANT RELATIONS 8. Mary Ann Glendon (1982), ‘The Transformation of American Landlord–Tenant Law’, Boston College Law Review, 23 (3), May, 503–76 327 9. Duncan Kennedy (1987), ‘The Effect of the Warranty of Habitability on Low Income Housing: “Milking” and Class Violence’, Florida State University Law Review, 15 (3), Fall, 485–519 401 PART V SERVITUDES 10. Gerald Korngold (1988), ‘For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents’, Texas Law Review, 66 (3), February, 533–76 437 11. Susan F. French (1982), ‘Toward a Modern Law of Servitudes: Reweaving the Ancient Strands’, Southern California Law Review, 55 (6), September, 1261–319 481 PART VI ZONING AND LAND USE CONTROLS 12. Robert C. Ellickson (1973), ‘Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls’, University of Chicago Law Review, 40 (4), Summer, 681–781 541 13. Carol M. Rose (1983), ‘Planning and Dealing: Piecemeal Land Controls as a Problem of Local Legitimacy’, California Law Review, 71 (3), May, 837–912 642 PART VII CONSTITUTION PROTECTION OF PROPERTY: THE TAKINGS ISSUE 14. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–258 719 15. Thomas W. Merrill (1986), ‘The Economics of Public Use’, Cornell Law Review, 72 (1), November, 61–116 813 16. Hanoch Dagan (1999), ‘Takings and Distributive Justice’, Virginia Law Review, 85 (5), August, 741–804 869
£704.00
Edward Elgar Publishing Ltd Conceptualising Property Law: Integrating Common
Book SynopsisConceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaëll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany.Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.Trade Review‘The predominant theme that emerges from this impressively learned, eight chapter study is one of convergence. Emerich repeatedly reveals that property actually functions in remarkably similar ways in the civil law and common law traditions despite different historical origins and doctrinal labels. Emerich’s interest in - and discovery of - this striking commonality originates in her commitment to 'transsystemia,' an approach to teaching and understanding law that grew out of Quebec’s fertile bilingual, bijural mixed jurisdiction.Many diverse readers will benefit from Emerich’s work. Lawyers, judges and traditional doctrinal property law scholars in the largest civil law and common law systems will learn much from Emerich’s careful study simply because of its clear, incisive description of so much law. Readers in other mixed jurisdictions, such as Louisiana, Scotland and South Africa, will find the portions of Emerich’s book that detail the choices Quebec has made in creating its property law system particularly intriguing. Property theorists will also find Emerich’s book rewarding as it points to a number of deep, cross-jurisdictional patterns in the structure of property law.’ -- John A Lovett, Journal of Civil Law StudiesTable of ContentsContents: Introduction 1. Historical Approach to Property 2. Origins of Title: Possession and its Effects 3. In Search of Private Property: Between the Civil Law and the Common Law 4. Limitations to Private Property 5. Objects of Property Rights 6. Fragmentation and Modifications to Property 7. Trusts and Fiducia Conclusion Bibliography Index
£110.00
Edward Elgar Publishing Ltd Globalisation, Populism, Pandemics and the Law:
Book SynopsisAdvocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality.Mark Findlay argues that law has a new and urgent relevance to confront the absence of resilience in self-determined market places, and to make coherent the anarchic forces which are running, and ruining the world. The inevitability of law's re-invention during global crises is considered, offering a critical evaluation of the future of legal agency, service delivery and access to justice. Chapters also engage with citizen-centric surveillance society to examine the dangers to personal data, individual integrity, and work-life quality from unregulated mass data sharing.Exciting and thought-provoking, this book will be critical reading for scholars and students in law, economics and governance interested in globalisation and crises, such as pandemics, as well as populist politics and anxiety governance.Table of ContentsContents: Preface – utopian myths and a dystopian present 1. Globalisation as crisis 2. Reclaiming globalisation: utopia and dystopia? 3. Anxiety governance 4. Regulating the market/social and legal agency 5. Law as commodity 6. Future lawyers or robots with big data? 7. Revaluing labour? – secondary data imperialism in platform economies 8. Thoughts for a future? Bibliography Index
£94.00
Edward Elgar Publishing Research Handbook on Property Law and Theory
Book Synopsis
£230.00
Edward Elgar Publishing Ltd The Changing Role of Property Law: Rights, Values
Book SynopsisThis timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law.An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.Trade Review‘Where is property headed, as a concept and an institution? The Changing Role of Property Law offers a wealth of illuminating perspectives on property’s trajectory, from historical evolutions to new innovations. This fascinating book reveals the complex dynamism at the heart of a field often typecast as inertial.’ -- Lee Fennell, University of Chicago Law School, USTable of ContentsContents: The changing role of property rights: an introduction 1 Ernst Nordtveit 1 The plasticity of property: legal transitions between property rights regimes for different resources 14 Richard A. Epstein 2 The persistence of colonial property rights to land, economic implications and institutional efficiency 54 Eric C. Edwards, Martin Fiszbein and Gary D. Libecap 3 The role of innovation in the globalization of property law 81 Amnon Lehavi 4 Mediated property: money, corporate shares, and property analogues 103 Erich Schanze 5 Because property became contract: understanding the American nonprobate revolution 115 John H. Langbein 6 Digital ownership of blockchain tokens: a comparative law guideline 130 Sebastian Omlor 7 Intellectual property and the concept of property rights 149 Ole-Andreas Rognstad 8 Intellectual property rights and democracy 161 Eva Inés Obergfell and Katharina Theresia Fink 9 Property in families and the inheritance context 186 Anatol Dutta 10 The organization of public registries: a comparative analysis 199 Benito Arruñada 11 (De-)constructing mortgages: reflections on accessoriness, properties of good mortgages and the development of new mortgage legislation for transition economies or even a future Euro-mortgage (‘Eurohypothec’) 221 Hans Fredrik Marthinussen 12 Ancillary rights: servitudes 263 Roderick RM Paisley 13 Public property, economic efficiency and fair competition: a French and EU law paradoxical perspective 281 Bertrand du Marais Index
£115.00
Edward Elgar Publishing Research Handbook on European Property Law
Book Synopsis
£170.00
Edward Elgar Publishing Ltd Property Rights, Planning and Markets: Managing
Book SynopsisThis book represents a major innovation in the institutional analysis of cities and their planning, management and governance. Using concepts of transaction costs and property rights, the work shows systematically how urban order evolves as individuals co-operate in cities for mutual gain. Five kinds of urban order are examined, arising as co-operating individuals seek to reduce the costs of transacting with each other. These are organisational order (combinations of property rights), institutional order (rules and sanctions), proprietary order (fragmentation of property rights), spatial order and public domain order. Property Rights, Planning and Markets also offers an institutional interpretation of urban planning and management that challenges both the view that planning inevitably conflicts with freedom of contract and the view that its function is a means of correcting market failures. Real life examples from countries and regions around the world are used to illustrate the universal relevance of theoretical generalisations, which will be welcomed by a new generation of policymakers and students who take on a world view that goes beyond national boundaries.Trade Review'This is an important book. The authors in effect offer a positive theory of planning and urbanisation. As such, Webster and Lai's model, based on institutional economics, is a vast improvement on some equally ambitious predecessors. The book's insights and clarity make it a must reading for anyone seeking better understanding of how cities evolve as they do, and why planning is an integral part of their evolution.' -- Ernest Alexander, University of Wisconsin, Milwaukee, US'A truly remarkable achievement.' -- Mark Pennington, Kings College, London, UK'Chris Webster and Lawrence Lai have created a coherent and insightful integration of concepts such as property rights, organizations, competition, incentives, transaction costs, public goods, and externalities, which will help theorists and urban practitioners analyze and manage city goods and services. An important insight of the authors is the recognition of the interdependencies of people in a neighborhood, which can be efficiently handled with shares in the property value of the neighborhood. There is a constant question of how much markets and how much government should be involved in urban matters, and the authors provide a reasoned, balanced approach which recognizes the vital role of government while appreciating the effectiveness of markets and decentralized decision making, including private institutions or 'clubs' such as homeowners' associations. Their position that governments and markets co-evolve and complement one another is sound, and their conclusions regarding the need to provide clear property rights and efficient rules provide us with theoretical tools to better understand how cities can be improved while being wary of the 'allure of utopia".' -- Fred Foldvary, Santa Clara University, California, US'This is a really important contribution to the planning literature. Beautifully written and clearly structured, it explains the complex relationship between "planning" and "markets" using the economic perspective of transaction cost theory and the "new-institutionalism". This provides a robust way of addressing the old "economic and planning" agenda, which the authors illustrate with references to cases and situations from across the world. Informative and stimulating, this should be included in every planning theory course, and will be helpful to all trying to re-think old debates about planning and markets.' -- Patsy Healey, Newcastle University, UKTable of ContentsContents: Foreword by Yoram Barzel 1. Introduction 2. The Benefits and Costs of Co-operating in Cities 3. Organisational, Institutional and Proprietary Order 4. Spatial Order 5. Public Domain Order 6. Public Domain Order – Public Goods 7. Public Domain Order – Externalities 8. Conclusion Bibliography Index
£102.00
Edward Elgar Publishing Ltd Private Property in the 21st Century: The Future
Book SynopsisPrivate property's form is crucial to contemporary debates in land use and environmental policy and management. For some, restrictions on private property are so severe as to threaten the very freedoms property is designed to protect. For others, the realities of life in the 21st century require property's reshaping. The re-emergence of private property as an issue of social conflict within US policy and politics is explored in this comprehensive volume. Private property is central to American character, culture and democracy. The founding fathers understood it as key to the liberties America was designed to foster. However, over the last 200 years what one owns has evolved; ownership is different now than for an owner 200, 100, even 50 years ago. Harvey Jacobs has brought together an interdisciplinary, politically divergent group of contributors to speculate on private property's future.The ownership and control of privately owned lands is critical for many fields. Scholars, students, and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture will all find this volume of great interest.Table of ContentsContents: Foreword 1. Introduction: Is all that is Solid Melting into Air? Part I: Philosophical, Legal and Economic Perspectives on Property Rights 2. Property Rights: Locke, Kant, Pierce and the Logic of Volitional Pragmatism 3. Charting the Constitutional Course of Private Property: Learning from the 20th Century 4. Why are Judges so Wary of Regulatory Takings? 5. Propriety Through Commodity? Why Have Legal Environmentalists Embraced Market-based Solutions? Part II: New Realizations of Property in the 21st Century? 6. Local Government as Private Property: Towards the Post-Modern Municipality 7. Property Without Community: The (Frequent) Consequence of Tax Exemptions for Non-profit Institutions 8. Property Rights in the 21st Century: Righting Past Wrongs Part III: Private Property in the 21st Century 9. The Future of an American Ideal Index
£96.00
Edward Elgar Publishing Ltd Economics of Property Law
Book SynopsisThis important volume gives a comprehensive overview of the economic foundations of private property law. Beginning with economic and philosophical accounts of the origins of property, the authoritative selection of articles traces the evolution of both private and common property, establishing how they coexist within a mature property rights system. Particular attention is directed towards the regulation of specific types of commons such as pastures, streets and fisheries. The study also examines the rules that govern the acquisition, protection and transfer of private property as part of a coherent system of property rights.Trade Review'. . . an important anthology that will interest and stimulate academics and students to think more theoretically and broadly about the resources that surround us.' -- Jacinta Ruru, New Zealand Law Journal'Property lies at the foundations of all economic organization. Property theory in the past thirty years has blossomed and yielded rich fruits for those seeking a deeper understanding of the relationship between law, economics and society. Much of this intellectual achievement is due to the restless curiosity, creativity and sheer firepower of Richard Epstein. His new collection of readings in the modern economic analysis of property gathers together seminal contributions to the art, drawn from a wide range of viewpoints, and offering many surprising perspectives. Epstein's magisterial survey essay that heads the collection itself gives new insights into how property institutions create systems of exclusion and governance across time and space, allowing separations and co-operations between individuals and so expanding the reach of human relationships and creativities. Critics of property institutions also find a place in this collection, pointing to the deformities and inequalities that can result from property powers. The twenty-two essays range across fields of urgent contemporary significance including commons regulation, environmental control, aboriginal titles, and intellectual property. Special mention must be made of Epstein's tongue-in-cheek study of allocation of car parking places in wintry Chicago, a metaphor for the inventiveness of human society in constructing new forms of property. This is no mundane collection of no-longer-read classics. It is a thesaurus of ideas that cannot be missed.' -- Joshua Getzler, University of Oxford, UKTable of ContentsContents: Acknowledgements Introduction Richard A. Epstein PART I PHILOSOPHICAL PRELIMINARIES 1. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 2. Frank I. Michelman (1982), ‘Ethics, Economics, and the Law of Property’ 3. J.W. Harris (1996), ‘Who Owns My Body’ PART II THE COMMONS 4. Peder Andersen (1983), ‘“On Rent of Fishing Grounds”: A Translation of Jens Warming’s 1911 Article, with an Introduction’ 5. Barry C. Field (1989), ‘The Evolution of Property Rights’ 6. Clifford G. Holderness (1989), ‘The Assignment of Rights, Entry Effects, and the Allocation of Resources’ 7. Robert C. Ellickson (1989), ‘A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry’ 8. Thráinn Eggertsson (1992), ‘Analyzing Institutional Successes and Failures: A Millennium of Common Mountain Pastures in Iceland’ 9. Henry E. Smith (2000), ‘Semicommon Property Rights and Scattering in the Open Fields’ 10. James M. Buchanan and Yong J. Yoon (2000), ‘Symmetric Tragedies: Commons and Anticommons’ 11. Gary D. Libecap and James L. Smith (2002), ‘The Economic Evolution of Petroleum Property Rights in the United States’ 12. Richard A. Epstein (2002), ‘The Allocation of the Commons: Parking on Public Roads’ PART III PRIVATE PROPERTY: ACQUISITION 13. Carol M. Rose (1985), ‘Possession as the Origin of Property’ 14. John Umbeck (1977), ‘The California Gold Rush: A Study of Emerging Property Rights’ 15. Robert C. Ellickson (1986), ‘Adverse Possession and Perpetuities Law: Two Dents in the Libertarian Model of Property Rights’ PART IV PRIVATE PROPERTY: PROTECTION 16. Thomas W. Merrill (1985), ‘Trespass, Nuisance, and the Costs of Determining Property Rights’ 17. Richard A. Epstein (1997), ‘A Clear View of The Cathedral: The Dominance of Property Rules’ 18. Elizabeth Brubaker (1998), ‘The Common Law and the Environment: The Canadian Experience’ PART V PRIVATE PROPERTY: DISPOSITION 19. Susan Rose-Ackerman (1985), ‘Inalienability and the Theory of Property Rights’ 20. Clifford G. Holderness (1985), ‘A Legal Foundation for Exchange’ 21. Bernard Rudden (1987), ‘Economic Theory v. Property Law: The Numerus Clausus Problem’ 22. Richard A. Epstein (1988), ‘Covenants and Constitutions’ Name Index
£250.00
Edward Elgar Publishing Ltd Property Law and Economics
Book SynopsisThe discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.Trade Review'This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path - slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike.' -- Eric Posner, University of Chicago Law School, USTable of ContentsContents: 1. Introduction Boudewijn Bouckaert 2. Property Rights in Legal History Kim Hoofs 3. Property Rights: A Comparative View Sjef van Erp and Bram Akkermans 4. Private and Common Property Rights Elinor Ostrom and Charlotte Hess 5. Original Assignment of Private Property Boudewijn Bouckaert 6. Decomposition of Property Rights Jeffrey Evans Stake 7. Nuisance Timothy Swanson and Andreas Kontoleon 8. Adverse Possession Ben Depoorter 9. Title Systems and Recordation of Interests Boudewijn Bouckaert 10. The Economics of Slavery Jenny Wahl 11. New Forms of Private Property: Property Rights in Environmental Goods Daniel H. Cole 12. Security Interests, Creditors’ Priorities, and Bankruptcy James W. Bowers Index
£167.00
Edward Elgar Publishing Ltd Comparative Property Law: Global Perspectives
Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index
£205.00
Edward Elgar Publishing Ltd Research Handbook on the Economics of Property
Book SynopsisLeading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature.Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.Table of ContentsContents: Introduction Henry E. Smith 1. Property Rights, Land Settlement and Land Conflict on Frontiers: Evidence from Australia, Brazil and the US Lee J. Alston, Edwyna Harris and Bernardo Mueller 2. Commons, Anticommons, Semicommons Lee Anne Fennell 3. The Anticommons Lexicon Michael A. Heller 4. Private Property and Public Rights Thomas W. Merrill 5. Toward an Economic Theory of Property in Information Henry E. Smith 6. Unilateral Relinquishment of Property Lior Jacob Strahilevitz 7. Standardization in Property Law Henry E. Smith 8. Covenant Lite Lending, Liquidity, and Standardization of Financial Contracts Kenneth Ayotte and Patrick Bolton 9. The Personification and Property of Legal Entities George Triantis 10. Bankruptcy as Property Law Barry E. Adler 11. The Law and Economics of Marital Property Martin Zelder 12. Property Titling and Conveyancing Benito Arruñada 13. Land Demarcation Systems Gary D. Libecap and Dean Lueck 14. Servitudes Carol M. Rose 15. The Economics of Nuisance Law Keith N. Hylton 16. Acquiring Land Through Eminent Domain: Justifications, Limitations, and Alternatives Daniel B. Kelly 17. The Rest of Michelman 1967 William A. Fischel Index
£50.30
Edward Elgar Publishing Ltd The Economic Foundations of Property Rights:
Book SynopsisProperty rights formalize the relationship between individuals and goods. They form the cornerstone of the pricing, supply and efficient allocation of scarce resources between individuals.The Economic Foundations of Property Rights is an outstanding collection of some of the most important work from the founders of the field, including James M. Buchanan, Douglass C. North, Richard Posner, Armen Alchian, Lord Peter Bauer and Karl Brunner. It addresses the development of property rights, the effects of property rights on the allocation of resources and the link between alternative property rights and the production of wealth. Specifically, the authors consider the issues of democracy, law, transaction costs, the economics of exchange and the valuation of assets. The discussion considers property rights in the context of developing countries and transition economies as well as developed market systems.This comprehensive new source book will be welcomed by economists, particularly those interested in law and economics, as well as political scientists and those interested in public choice theory.Table of ContentsContents: Preface Part I: Property Rights: Definition and Economic Significance Part II: How and Why do Property Rights Develop? Part III: The Economic Theory of Property Rights Part IV: Property Rights and Economic Performance Name Index
£111.00
Edward Elgar Publishing Ltd local government tax and land use policies in the
Book SynopsisLocal Government Tax and Land Use Policies in the United States is an accessible, non-technical evaluation of the most recent economic thinking on the nexus between local land use and tax policies.In Part I, Helen Ladd provides a comprehensive summary of the extensive literature on the interaction of local land use and tax policies. She explores the theoretical controversies and clarifies issues such as the use of land use regulation as a fiscal tool, the effects of taxes on economic activity and the success of tax policies to promote economic development. In Parts II and III, a group of experts presents new research on important issues such as the impact of growth on tax burdens, metropolitan tax base sharing, the incidence of impact fees and the shift to land value taxation in urban areas. This book raises provocative questions concerning the conventional wisdom in fiscal policy. It will be indispensable for economists and students interested in urban issues and local public finance as well as planners and policymakers.Trade Review'An essential work on the important and perplexing interaction of local tax and land use policy.' -- R.A. Beauregard, ChoiceTable of ContentsContents: 1. Introduction (H.F. Ladd) Part I: Interactions between Tax and Land Policies Part II: Tax Policy as a Land Use Tool Part III: Fiscal and Distributional Impacts Index
£110.00
Springer Einheitspreisneuberechnung nach
Book SynopsisDas Wechselspiel aus einseitiger Leistungsänderung und entsprechender Mehrvergütung (Einheitspreisneuberechnung) ist ein zentrales, über Jahrzehnte eingehend diskutiertes Element der VOB/B. Das Sujet gewann mit dem 01.01.2018 neue Aktualität, als mit der Novelle des Bauvertragsrechts des BGB zahlreiche Regelungen der VOB/B zum Teil adaptiert, zum Teil abweichend in das Gesetz Einzug fanden. Konkret jenes für das BGB neue Leistungsänderungsrecht in § 650b BGB und die im Verbund zu lesende Vorschrift des § 650c BGB wurden nach dem Vorbild der VOB/B geschaffen. Das ohnehin nicht triviale Verhältnis der VOB/B zum BGB ist für den Bereich der Nachträge wegen Leistungsänderungen ein damit aktuelles wie praxisrelevantes Thema, zu dessen Diskussion die vorliegende Abhandlung einen Beitrag leisten soll – insbesondere mit Blick auf die AGB-Kontrolle der einschlägigen VOB/B-Klauseln und die analoge Anwendbarkeit der novellierten Paragrafen des BGB zur sog. 80-Prozent-Regelung und dem einstweiligen Rechtsschutz (§ 650d BGB). Zudem wird eine eigene Methodik zur Einheitspreisneuberechnung (Konsensmethode) vorgestellt.Table of ContentsAusgangssituation.- Grundverständnis der VOB/B.- Leistungsänderungen.- Prinzip des Einheitspreises.- Einheitspreisneuberechnung.- Abschlagszahlungen gemäß 80-Prozent-Regelung (§ 650c Abs. 3 BGB).- Zusammenfassende Thesen.
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Book SynopsisEstates Gazette Volume 1 First published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
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Book SynopsisEstates Gazette First published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
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