Property Theory

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110842242X
Total Pages : 253 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Property Theory by : James Penner

Download or read book Property Theory written by James Penner and published by Cambridge University Press. This book was released on 2018-08-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.

The Law and Practice of Expulsion and Exclusion from the United Kingdom

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782255494
Total Pages : 736 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Law and Practice of Expulsion and Exclusion from the United Kingdom by : Eric Fripp

Download or read book The Law and Practice of Expulsion and Exclusion from the United Kingdom written by Eric Fripp and published by Bloomsbury Publishing. This book was released on 2014-12-04 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT

Human Rights from Exclusion to Inclusion; Principles and Practice

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041113771
Total Pages : 528 pages
Book Rating : 4.1/5 (137 download)

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Book Synopsis Human Rights from Exclusion to Inclusion; Principles and Practice by : Fons Coomans

Download or read book Human Rights from Exclusion to Inclusion; Principles and Practice written by Fons Coomans and published by Martinus Nijhoff Publishers. This book was released on 2000-05-11 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN System in general:.

Powers of Exclusion

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Publisher :
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Powers of Exclusion by : Derek Hall

Download or read book Powers of Exclusion written by Derek Hall and published by . This book was released on 2011-08-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of who can access land and who is excluded from it underlie many recent social and political conflicts in Southeast Asia. Powers of Exclusion examines the key processes through which shifts in land relations are taking place, notably state land allocation and provision of property rights, the dramatic expansion of areas zoned for conservation, booms in the production of export-oriented crops, the conversion of farmland to post-agrarian uses, “intimate” exclusions involving kin and co-villagers, and mobilizations around land framed in terms of identity and belonging. In case studies drawn from seven countries, the authors find that four “powers of exclusion”—regulation, the market, force and legitimation—have combined to shape land relations in new and often surprising ways. Land debates are often presented as a conflict between market-oriented land use with full private property rights on the one side, and equitable access, production for subsistence, and respect for custom on the other. The authors step back from these debates to point out that any productive use of land requires the exclusion of some potential users, and that most projects for transforming land relations are thus accompanied by painful dilemmas. Rather than counterposing “exclusion” to “inclusion,” the book argues that attention must be paid to who is excluded, how, why, and with what consequences. Powers of Exclusion is a path-breaking book that draws on insights from multiple disciplines to map out the new contours of struggles for land in Southeast Asia. The volume provides a framework for analyzing the dilemmas of land relations across the Global South and beyond.

Philosophical Foundations of Property Law

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Publisher : OUP Oxford
ISBN 13 : 0191654523
Total Pages : 398 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of Property Law by : James Penner

Download or read book Philosophical Foundations of Property Law written by James Penner and published by OUP Oxford. This book was released on 2013-11-28 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property has long played a central role in political and moral philosophy. Philosophers dealing with property have tended to follow the consensus that property has no special content but is a protean construct - a mere placeholder for theories aimed at questions of distributive justice and efficiency. Until recently there has been a relative absence of serious philosophical attention paid to the various doctrines that shape the actual law of property. If the philosophy of property is to be more attentive to concepts lying between broad considerations of political philosophy and distributive justice on the one hand and individual rules on the other, what in this broad space needs explaining, and how might we justify what we find? The papers in this volume are a first step towards filling this gap in the philosophical analysis of private law. This is achieved here by revisiting the contributions of philosophers such as Hume, Locke, Kant, and Grotius and revealing how particular doctrines illuminate the way in which property law respects the equality and autonomy of its subjects. Secondly, by exploring the central notions of possession, ownership, and title and finally by considering the very foundations of conceptualism in property.

Making All the Difference

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Publisher : Cornell University Press
ISBN 13 : 1501705091
Total Pages : 420 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Making All the Difference by : Martha Minow

Download or read book Making All the Difference written by Martha Minow and published by Cornell University Press. This book was released on 2016-10-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

CISG Exclusion and Legal Efficiency

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Author :
Publisher :
ISBN 13 : 9789041154071
Total Pages : 0 pages
Book Rating : 4.1/5 (54 download)

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Book Synopsis CISG Exclusion and Legal Efficiency by : Lisa Spagnolo

Download or read book CISG Exclusion and Legal Efficiency written by Lisa Spagnolo and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rationale behind the Vienna Convention on Contracts for the International Sale of Goods (CISG) is that a uniform sales law will lead to improved efficiency of cross-border sales and promote international trade. However, although it continues to attract new Member States and now applies to more than 80% of global trade, commercial parties often exclude the CISG, questioning it as a desirable choice of law.

Exclusion from Protection as a Refugee

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Publisher : BRILL
ISBN 13 : 900434974X
Total Pages : 395 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Exclusion from Protection as a Refugee by : Yao Li

Download or read book Exclusion from Protection as a Refugee written by Yao Li and published by BRILL. This book was released on 2017-09-11 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.

On the Right of Exclusion: Law, Ethics and Immigration Policy

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Author :
Publisher : Routledge
ISBN 13 : 1136630171
Total Pages : 253 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis On the Right of Exclusion: Law, Ethics and Immigration Policy by : Bas Schotel

Download or read book On the Right of Exclusion: Law, Ethics and Immigration Policy written by Bas Schotel and published by Routledge. This book was released on 2013-03-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the Right of Exclusion: Law, Ethics and Immigration Policy addresses the current immigration laws and practices of Western states, and argues that if states cannot substantially justify the exclusion of an alien, the latter should be admitted.

Information and Exclusion

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Publisher : Yale University Press
ISBN 13 : 0300123043
Total Pages : 267 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Information and Exclusion by : Lior Jacob Strahilevitz

Download or read book Information and Exclusion written by Lior Jacob Strahilevitz and published by Yale University Press. This book was released on 2011-07-19 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVNearly all communities are exclusive in some way. When race or wealth is the basis of exclusion, the homogeneity of a neighborhood, workplace, or congregation is controversial. In other instances, as with an artist's colony or a French language book club, exclusivity is tolerable or even laudable. In this engaging book, Lior Strahilevitz introduces a new theory for understanding how exclusivity is created and maintained in residential, workplace, and social settings, one that emphasizes information's role in facilitating exclusion. The book provides many colorful examples to show how lawmakers frequently misunderstand the subtle mechanics of exclusion, leaving enormous loopholes in the law. Strahilevitz focuses particular attention on today's changing dynamics of exclusion and discusses how technology presents new opportunities for governments to stamp out the most offensive exclusionary behaviors./div

Exclusion from Public Space

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Publisher : Cambridge University Press
ISBN 13 : 1107154650
Total Pages : 579 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Exclusion from Public Space by : Daniel Moeckli

Download or read book Exclusion from Public Space written by Daniel Moeckli and published by Cambridge University Press. This book was released on 2016-07-14 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.

The Yale Law Journal

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Publisher :
ISBN 13 :
Total Pages : 856 pages
Book Rating : 4.:/5 (47 download)

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Book Synopsis The Yale Law Journal by :

Download or read book The Yale Law Journal written by and published by . This book was released on 1917 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Exclusion, Equality Before the Law and Non-discrimination

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Author :
Publisher : Council of Europe
ISBN 13 : 9789287127143
Total Pages : 204 pages
Book Rating : 4.1/5 (271 download)

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Book Synopsis Exclusion, Equality Before the Law and Non-discrimination by : Council of Europe

Download or read book Exclusion, Equality Before the Law and Non-discrimination written by Council of Europe and published by Council of Europe. This book was released on 1995-01-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Adivasi Rights and Exclusion in India

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Author :
Publisher : Routledge
ISBN 13 : 0429792867
Total Pages : 297 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Adivasi Rights and Exclusion in India by : V. Srinivasa Rao

Download or read book Adivasi Rights and Exclusion in India written by V. Srinivasa Rao and published by Routledge. This book was released on 2018-09-03 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the processes and impacts of exclusion on the Adivasis (tribal or indigenous people) in India and what repercussions these have for their constitutional rights. The chapters explore a wide range of issues connected to the idea of exclusion — land and forest resources, habitats and livelihoods, health and disease management, gender relations, language and schooling, water resources, poverty, governance, markets and technology, and development challenges — through case studies from different parts of the country. The book argues that any laws intended to safeguard the fundamental rights of Adivasis must acknowledge the fact that their diverse and complex identities are not homogenous, and that uniform laws have failed to address their systemic marginalisation since the colonial era. This work appeals for a serious and meaningful political intervention towards tribal development. The volume will be useful to scholars and researchers of tribal and Third World studies, sociology and social anthropology, exclusion studies and development studies.

Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home

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Author :
Publisher : BRILL
ISBN 13 : 9004383506
Total Pages : 312 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home by : Pauline Maillet

Download or read book Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home written by Pauline Maillet and published by BRILL. This book was released on 2019-12-09 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home, Pauline Maillet proposes to render visible the mechanisms by which states make their territory disappear to prevent asylum seekers’ arrival. Using legal analysis and ethnography, this book traces how several states have created spaces deemed extra-territorial.

Challenges to School Exclusion

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Author :
Publisher : Routledge
ISBN 13 : 113458055X
Total Pages : 224 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis Challenges to School Exclusion by : and Ann Blair

Download or read book Challenges to School Exclusion written by and Ann Blair and published by Routledge. This book was released on 2002-11-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permanent exclusion is the most severe sanction a school can impose on a child and the number of permanently excluded children is rising. Based on systematic observation of exclusion appeal panel hearings.Challenges to School Exclusion offers a unique insight into the appeal process. It focuses on: *mechanisms by which parents and children can challenge permanent exclusion *the law and current practice *the social context of exclusion *reforms of the appeal system made by the School Standards and Framework Act *the DfEEs latest guidance on pupil inclusion. Challenges to School Exclusion is the first study to examine permanent exclusion. The findings reveal serious deficiencies in the appeal system, including a frequent failure to deal fairly with excluded children. The text will be of particular interest to head teachers, local education authorities, school governors, education lawyers and education charities.

Democracy and Exclusion

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Author :
Publisher : Oxford University Press
ISBN 13 : 0197585817
Total Pages : 233 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Democracy and Exclusion by : Patti Tamara Lenard

Download or read book Democracy and Exclusion written by Patti Tamara Lenard and published by Oxford University Press. This book was released on 2023-06-23 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: As people become more mobile around the world, the nature of citizenship, and all its attendant rights, has become the object of intense scrutiny. And, as we know, democracies forcefully and coercively exclude those whom they believe do not belong on their territory or among their constituency. In Democracy and Exclusion, Patti Tamara Lenard looks at how and when democracies exclude both citizens and noncitizens from territory and from membership to determine if and when there are instances when such exclusion is justified. To make her case, Lenard draws on the all-subjected principle, or the idea that all those who are the subject of law--that is, those who are required to abide by the law and who are subject to coercion if they do not do so voluntarily--should have a say in what the law is. If we assess who is subjected to the power of a state at any particular moment, and especially over time, we can see who ought to be treated as a member and therefore be granted citizenship or the right to stay. With an in-depth look at instances in which democratic states have expanded or adopted policies that permit the exclusion of citizens--including denationalization, stateless peoples, labor migrants, returning foreign fighters, and LGBTQ+ refugee resettlement--Lenard argues that admission to territory and membership is either favored by, or required by, democratic justice. Democracy and Exclusion makes a powerful case that subjection to the power of a state, without proper protection from exclusion, is a violation of democratic principle.