Before Eminent Domain

Toward a History of Expropriation of Land for the Common Good

Author: Susan Reynolds

Publisher: Univ of North Carolina Press

ISBN: 9780807895863

Category: Law

Page: 192

View: 1019

In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the institution of private property. Before Eminent Domain concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. Reynolds concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.

The History of the London Water Industry, 1580–1820

Author: Leslie Tomory

Publisher: JHU Press

ISBN: 1421422042

Category: Business & Economics

Page: 336

View: 8620

Beginning in 1580, a number of competing London companies sold water directly to consumers through a large network of wooden mains in the expanding metropolis. This new water industry flourished throughout the 1600s, eventually expanding to serve tens of thousands of homes. By the late eighteenth century, more than 80 percent of the city’s houses had water connections—making London the best-served metropolis in the world while demonstrating that it was legally, commercially, and technologically possible to run an infrastructure network within the largest city on earth. In this richly detailed book, historian Leslie Tomory shows how new technologies imported from the Continent, including waterwheel-driven piston pumps, spurred the rapid growth of London’s water industry. The business was further sustained by an explosion in consumer demand, particularly in the city’s wealthy West End. Meanwhile, several key local innovations reshaped the industry by enlarging the size of the supply network. By 1800, the success of London’s water industry made it a model for other cities in Europe and beyond as they began to build their own water networks. The city’s water infrastructure even inspired builders of other large-scale urban projects, including gas and sewage supply networks. The History of the London Water Industry, 1580–1820 explores the technological, cultural, and mercantile factors that created and sustained this remarkable industry. Tomory examines how the joint-stock form became popular with water companies, providing a stable legal structure that allowed for expansion. He also explains how the roots of the London water industry’s divergence from the Continent and even from other British cities was rooted both in the size of London as a market and in the late seventeenth-century consumer revolution. This fascinating and unique study of essential utilities in the early modern period will interest business historians and historians of science and technology alike.

Functionings of Land

Analysing Compulsory Acquisition Cases from Scotland

Author: Jyoti Rao

Publisher: Springer

ISBN: 9811314411

Category: Business & Economics

Page: 115

View: 966

This book focuses on the 'functionings' and capabilities generated from land by their owners and the challenge in satisfactorily recreating these through the compensation paid in the case of compulsory acquisition of private land. These discussions initiate a new debate on the insufficiency of existing approaches to compensation that are ignorant of the losses of ‘capabilities’ and ‘functionings’. The relationship between land, ownership and well-being of an individual is explained through the identification of various ‘functionings’ associated with the ownership of land in the context of Scotland. Contemporary approaches to compensation, founded on the utilitarian argument, have led to dissatisfactory outcomes for the affected landowners. Discussions in this book shift the focus to equalizing the share of burdens and benefits for each individual member of the society, through equalization of human capabilities. This book will be of value to development economists, researchers, policy makers and law makers concerned with compulsory acquisition of land.

Land Rights and Expropriation in Ethiopia

Author: Daniel W. Ambaye

Publisher: Springer

ISBN: 3319146394

Category: Political Science

Page: 282

View: 3307

This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.

American Property

Author: Stuart Banner

Publisher: Harvard University Press

ISBN: 0674060822

Category: Law

Page: 375

View: 8583

What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. From indigenous culture to our genes, from one’s celebrity to Internet content, American Property reveals how our ideas of ownership evolve to suit our ever-changing needs.

Reclaiming the Land

The Resurgence of Rural Movements in Africa, Asia and Latin America

Author: Sam Moyo,Paris Yeros

Publisher: Zed Books Ltd.

ISBN: 1848137656

Category: Political Science

Page: 432

View: 3859

Rural movements have recently emerged to become some of the most important social forces in opposition to neoliberalism. From Brazil and Mexico to Zimbabwe and the Philippines, rural movements of diverse political character, but all sharing the same social basis of dispossessed peasants and unemployed workers, have used land occupations and other tactics to confront the neoliberal state. This volume brings together for the first time across three continents - Africa, Latin America and Asia - an intellectually consistent set of original investigations into this new generation of rural social movements. These country studies seek to identify their social composition, strategies, tactics, and ideologies; to assess their relations with other social actors, including political parties, urban social movements, and international aid agencies and other institutions; and to examine their most common tactic, the land occupation, its origins, pace and patterns, as well as the responses of governments and landowners. At a more fundamental level, this volume explores the ways in which two decades of neoliberal policy - including new land tenure arrangements intended to hasten the commodification of land, and new land uses linked to global markets -- have undermined the social reproduction of the rural labour force and created the conditions for popular resistance. The volume demonstrates the longer-term potential impact of these movements. In economic terms, they raise the possibility of tackling immiseration by means of the redistribution of land and the reorganisation of production on a more efficient and socially responsible basis. And in political terms, breaking the power of landowners and transnational capital with interests in land could ultimately open the way to an alternative pattern of capital accumulation and development.

The Structural Transformation of the Public Sphere

An Inquiry Into a Category of Bourgeois Society

Author: J?rgen Habermas

Publisher: John Wiley & Sons

ISBN: 0745692338

Category: Philosophy

Page: 328

View: 466

This major work retraces the emergence and development of the Bourgeois public sphere - that is, a sphere which was distinct from the state and in which citizens could discuss issues of general interest. In analysing the historical transformations of this sphere, Habermas recovers a concept which is of crucial significance for current debates in social and political theory. Habermas focuses on the liberal notion of the bourgeois public sphere as it emerged in Europe in the early modern period. He examines both the writings of political theorists, including Marx, Mill and de Tocqueville, and the specific institutions and social forms in which the public sphere was realized. This brilliant and influential work has been widely recognized for many years as a classic of contemporary social and political thought, of interest to students and scholars throughout the social sciences and humanities.

Law and Practice of Investment Treaties

Standards of Treatment

Author: Andrew Paul Newcombe,Lluís Paradell

Publisher: Kluwer Law International

ISBN: 9041123512

Category: Law

Page: 614

View: 454

Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence. The book focuses on the substantive protections accorded to foreign investors and investments. Among the many specific issues and topics that arise in the course of the analysis are the following: the origins and evolution of the international investment treaty framework; the interaction between international and national law in the resolution of IIA disputes and the interpretation of IIAs; the role IIAs play in investment liberalization and their interaction with other areas of international economic law; the relationship between treaty and customary international law standards; the development of norms of non-discrimination and minimum standards of treatment, including fair and equitable treatment; the meaning of expropriation and conditions for lawful expropriations; the rules relating to transfer of funds, performance requirements and transparency; and exceptions and defences to investment treaty obligations. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

Law, Land, and Family

Aristocratic Inheritance in England, 1300 to 1800

Author: Eileen Spring

Publisher: Univ of North Carolina Press

ISBN: 0807864706

Category: History

Page: 212

View: 421

Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family, she finds that one of the principal and determinative features of upper-class real property inheritance was the exclusion of females. This exclusion was accomplished by a series of legal devices designed to nullify the common-law rules of inheritance under which--had they prevailed--40 percent of English land would have been inherited or held by women. Current ideas of family development portray female inheritance as increasing in the seventeenth and eighteenth centuries, but Spring argues that this is a misperception, resulting from an incomplete consideration of the common-law rules. Female rights actually declined, reaching their nadir in the eighteenth century. Spring shows that there was a centuries-long conflict between male and female heirs, a conflict that has not been adequately recognized until now.

The Murder of Joe White

Ojibwe Leadership and Colonialism in Wisconsin

Author: Erik M. Redix

Publisher: MSU Press

ISBN: 1628950323

Category: History

Page: N.A

View: 2581

In 1894 Wisconsin game wardens Horace Martin and Josiah Hicks were dispatched to arrest Joe White, an Ojibwe ogimaa (chief), for hunting deer out of season and off-reservation. Martin and Hicks found White and made an effort to arrest him. When White showed reluctance to go with the wardens, they started beating him; he attempted to flee, and the wardens shot him in the back, fatally wounding him. Both Martin and Hicks were charged with manslaughter in local county court, and they were tried by an all-white jury. A gripping historical study, The Murder of Joe White contextualizes this event within decades of struggle of White’s community at Rice Lake to resist removal to the Lac Courte Oreilles Reservation, created in 1854 at the Treaty of La Pointe. While many studies portray American colonialism as defined by federal policy, The Murder of Joe White seeks a much broader understanding of colonialism, including the complex role of state and local governments as well as corporations. All of these facets of American colonialism shaped the events that led to the death of Joe White and the struggle of the Ojibwe to resist removal to the reservation.

The Constitutional Protection of Private Property in China

Historical Evolution and Comparative Research

Author: Chuanhui Wang

Publisher: Cambridge University Press

ISBN: 1316467902

Category: Law

Page: 355

View: 3345

This timely book reviews the changes in legal reform around the constitutional protection of private property in China since 1949. Using a comparative approach, it analyses the development of property theories and the various constitutionalisation models and practices of private property in representative countries including the United States, Canada, Germany, India and China. It also explores the interwoven social forces that have been driving the evolution of the constitutional protection of private property in China. By comparing China with the United States, Germany and India, the author reveals the unfairness, unjustness and insufficiency in China's application of three constitutional doctrines – public use, just compensation and due process or procedure. The book concludes by predicting future progress and suggests feasible measures for gradual reform that will be compatible with China's existing political system.

Liberalism in Empire

An Alternative History

Author: Andrew Sartori

Publisher: Univ of California Press

ISBN: 0520281683

Category: History

Page: 273

View: 8563

While the need for a history of liberalism that goes beyond its conventional European limits is well recognized, the agrarian backwaters of the British Empire might seem an unlikely place to start. Yet specifically liberal preoccupations with property and freedom evolved as central to agrarian policy and politics in colonial Bengal. Liberalism in Empire explores the generative crisis in understanding property’s role in the constitution of a liberal polity, which intersected in Bengal with a new politics of peasant independence based on practices of commodity exchange. Thus the conditions for a new kind of vernacular liberalism were created. Andrew Sartori’s examination shows the workings of a section of liberal policy makers and agrarian leaders who insisted that norms governing agrarian social relations be premised on the property-constituting powers of labor, which opened a new conceptual space for appeals to both political economy and the normative significance of property. It is conventional to see liberalism as traveling through the space of empire with the extension of colonial institutions and intellectual networks. Sartori’s focus on the Lockeanism of agrarian discourses of property, however, allows readers to grasp how liberalism could serve as a normative framework for both a triumphant colonial capitalism and a critique of capitalism from the standpoint of peasant property.

Congressional Record

Proceedings and Debates of the ... Congress

Author: United States. Congress

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 6604

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

The Law of Nations

Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

Author: Emer de Vattel

Publisher: N.A

ISBN: N.A

Category: International law

Page: 563

View: 1352


Takings International

A Comparative Perspective on Land Use Regulations and Compensation Rights

Author: R. Alterman

Publisher: American Bar Association

ISBN: 9781604425505

Category: Law

Page: 390

View: 1081

This book is the first large-scale effort devoted to this controversial issue, providing a vast platform of comparative knowledge on direct, indirect, categorical, and partial takings. Written for legal professionals, academics, urban and regional planners, real estate developers, and civil-society groups, the book analyzes thirteen advanced economy countries representing a variety of legal regimes, institutional structures, cultures, geographic sizes, and population densities.

The People’s Welfare

Law and Regulation in Nineteenth-Century America

Author: William J. Novak

Publisher: Univ of North Carolina Press

ISBN: 0807863653

Category: History

Page: 408

View: 4920

Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.