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Common Lands And Customary Law
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Book Synopsis Common Lands and Customary Law by : Minoti Chakravarty-Kaul
Download or read book Common Lands and Customary Law written by Minoti Chakravarty-Kaul and published by . This book was released on 1996 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to dispel the notion that communally held resources are necessarily open to private exploitation and misuse. It argues that customary law and institutions of property rights were devised by village communities to check the misuse of common property resources.
Book Synopsis Issues in Customary Land Law by : Robert D. Cooter
Download or read book Issues in Customary Land Law written by Robert D. Cooter and published by . This book was released on 1989 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study on the customary land ownership with an eye to economic development.
Book Synopsis Aboriginal Customary Law by : Ulla Secher
Download or read book Aboriginal Customary Law written by Ulla Secher and published by Routledge Cavendish. This book was released on 2010 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal Customary Law remedies a deficiency which presently impedes the study of Aboriginal land rights: there is no comprehensive work addressing the potential legal consequences for Aboriginal rights to land, beyond recognition of native title, ensuing from acknowledgement of the Crown s radical title. In addressing the potential legal consequences, beyond recognition of native title, two interwoven theses are propounded: the first is the applicability, in the context of inhabited settled colonies, of a modified doctrine of reception. The second is that, contrary to the received view, the Crown s radical title does not automatically confer full beneficial ownership of unalienated land in Australia where such land is not subject to native title. The consequence of these two theses is that Aboriginal customary law can amount to an independent source of common law title to land and, thus, an alternative to native title.
Book Synopsis The Future of Tradition by : Leon Shaskolsky Sheleff
Download or read book The Future of Tradition written by Leon Shaskolsky Sheleff and published by Routledge. This book was released on 2013-09-05 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.
Book Synopsis The Law of Usages and Customs by : John Davison Lawson
Download or read book The Law of Usages and Customs written by John Davison Lawson and published by . This book was released on 1881 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Land Law in Asian Countries by : Oleg Igorevich Krassov
Download or read book Land Law in Asian Countries written by Oleg Igorevich Krassov and published by XSPO . This book was released on with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph covers the issues related to the evolution of land tenure systems, land reforms, the main features of formal land law that is in force in the various legal systems of the countries of South, East, and Southeast Asia, and customary land rights. The current state of land law in Asian countries: land rights, the provision and suspension of these rights, the relationship between formal law and customary land tenure systems, the problems of recognizing customary communal land rights are analyzed. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in issues of land, civil law and comparative jurisprudence.
Book Synopsis Village-communities in the East and West by : Henry Sumner Maine
Download or read book Village-communities in the East and West written by Henry Sumner Maine and published by . This book was released on 1890 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Land Laws by : Frederick Pollock
Download or read book The Land Laws written by Frederick Pollock and published by . This book was released on 1883 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aboriginal Customary Law: A Source of Common Law Title to Land by : Ulla Secher
Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Book Synopsis The Role of Customary Law in Sustainable Development by : Peter Orebech
Download or read book The Role of Customary Law in Sustainable Development written by Peter Orebech and published by Cambridge University Press. This book was released on 2005 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Book Synopsis Village-communities in the East and West by : Henry Sumner Maine
Download or read book Village-communities in the East and West written by Henry Sumner Maine and published by . This book was released on 1872 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Land and Water--the Rights Interface by : Stephen Hodgson
Download or read book Land and Water--the Rights Interface written by Stephen Hodgson and published by Food & Agriculture Org.. This book was released on 2004 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper seeks to answer a number of basic questions. First of all just what are land tenure rights and water rights? Second, how do the respective regimes compare? Third what linkages, if any, are there between land tenure rights and water rights and, if there are none, does this matter, either in general or as regards specific aspects of the interface? A key objective of the paper is to examine which aspects of the rights interface merit further research. In comparing the two regimes a final subsidiary objective of this paper is to try and identify which areas, if any, in one sector can shed light on areas for future research in the other.
Author :Australia. Law Reform Commission Publisher :Australian Government Publishing Service ISBN 13 : Total Pages :556 pages Book Rating :4.:/5 (6 download)
Book Synopsis The Recognition of Aboriginal Customary Laws by : Australia. Law Reform Commission
Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
Book Synopsis Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by : Brendan Tobin
Download or read book Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Book Synopsis The Customary Law of Immovable Property and of Succession by : Adam J. Kerr
Download or read book The Customary Law of Immovable Property and of Succession written by Adam J. Kerr and published by . This book was released on 1990 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Land Rights and Customary Law by : Bradford Wilmont Morse
Download or read book Land Rights and Customary Law written by Bradford Wilmont Morse and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Divers Paths to Justice by : Marcus Colchester
Download or read book Divers Paths to Justice written by Marcus Colchester and published by Forest Peoples Programme. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
