Property in the Margins
Autor A J van der Walten Limba Engleză Paperback – 28 mai 2009
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Specificații
ISBN-13: 9781841139630
ISBN-10: 1841139637
Pagini: 294
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.43 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841139637
Pagini: 294
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.43 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime, rather than taking a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture.
Notă biografică
AJ van der Walt is the South African Research Chair in Property Law, at Stellenbosch University, South Africa. His previous publications include Constitutional Property Law (2005).
Cuprins
1 Property in a Transformative Setting I. Facing up to Social and Political Transformation II. Property Theory in a Time of Transformation 2 Property in the Centre: The Rights Paradigm I. Property in the Rights Paradigm II. Three Illustrations 3 Eviction in the Rights Paradigm I. The Right to Evict as an Incident of Ownership II. Eviction, Socio-Economic and Political Power III. The Eviction Challenge 4 Eviction in Landlord-Tenant Law I. Introduction II. Tenant Protection: A Comparative Overview III. Tenant Protection in South African Law IV. Conclusion 5. Eviction of Unlawful Occupiers I. Introduction II. Eviction of Politically Inspired Urban Squatters III. Anti-eviction Protection in South African Land Reform Law IV. Eviction of Gypsies or Travellers V. Conclusion 6 Limitations on Eviction in Other Contexts I. Introduction II. Acquisitive Prescription and Adverse Possession III. Public Access to Private Property IV. Significant Building Encroachments V. Weak Owners VI. Conclusions 7 Conclusions I. Property in the Context of Stability and Change II. Overview of Results III. Property in the Margins
Recenzii
The book is outstanding on a number of levels: clarity, organization, questions raised, extensiveness and depth of comparative analysis of property law and doctrine, copious footnotes, and wide-ranging sources...The book is a useful addition to the literature on property theory through its marginality perspective and comparative breadth, and to the broad genre of literature on transitions.
...each chapter brings its own twists and turns so, for the property scholar, material revealed as the work progresses, comes as a continuous, fresh angle on the core argument. The work is extensively cross-referenced, which greatly aids clarity. Van der Walt has worked closely with experts in the field across different jurisdictions and also draws on his own extensive knowledge of South African land rights.
The notable achievement of this most interesting book is the integrity and depth of its analysis of issues which arise in contexts involving "tensions in the margins" in the sense of a competition between title holder and a possessor or user with an interest supported by policy.
Property in the Margins...offers a refreshing new perspective on the question of how to grapple with the social effects of private property rights, which compliments but is distinct from social-obligation theories of property.Van der Walt's book takes property theory in a strong and distinctive new direction. His theoretical perspective is drawn out in an informative and engaging manner through diverse comparative analysis that is clearly the product of careful research and consultation with national experts in jurisdictions other than the author's own. The vast area covered by the comparative analysis, in terms of both the issues addressed and the jurisdictions analysed, is useful for the reader, as it ensures that the book has a broad-ranging practical context in which its theoretical outlook may be applied.Property in the Margins should be warmly welcomed by property theorists and comparative property lawyers, who will benefit from his thoughtful and creative reimagining of the structure of property law.Property in the Margins is a book that genuinely deserves to be called thought-provoking, and to be widely read on that basis.
This book opens up a new focus for property discourse...Property in the Margins succeeds in paradoxically establishing the centrality of the margins and demonstrates that property law is "not exclusively or even primarily about the owners and holders of rights", but rather about "those who do not own property and whose lives are shaped and affected by the property holdings of others" (p. 238).
...each chapter brings its own twists and turns so, for the property scholar, material revealed as the work progresses, comes as a continuous, fresh angle on the core argument. The work is extensively cross-referenced, which greatly aids clarity. Van der Walt has worked closely with experts in the field across different jurisdictions and also draws on his own extensive knowledge of South African land rights.
The notable achievement of this most interesting book is the integrity and depth of its analysis of issues which arise in contexts involving "tensions in the margins" in the sense of a competition between title holder and a possessor or user with an interest supported by policy.
Property in the Margins...offers a refreshing new perspective on the question of how to grapple with the social effects of private property rights, which compliments but is distinct from social-obligation theories of property.Van der Walt's book takes property theory in a strong and distinctive new direction. His theoretical perspective is drawn out in an informative and engaging manner through diverse comparative analysis that is clearly the product of careful research and consultation with national experts in jurisdictions other than the author's own. The vast area covered by the comparative analysis, in terms of both the issues addressed and the jurisdictions analysed, is useful for the reader, as it ensures that the book has a broad-ranging practical context in which its theoretical outlook may be applied.Property in the Margins should be warmly welcomed by property theorists and comparative property lawyers, who will benefit from his thoughtful and creative reimagining of the structure of property law.Property in the Margins is a book that genuinely deserves to be called thought-provoking, and to be widely read on that basis.
This book opens up a new focus for property discourse...Property in the Margins succeeds in paradoxically establishing the centrality of the margins and demonstrates that property law is "not exclusively or even primarily about the owners and holders of rights", but rather about "those who do not own property and whose lives are shaped and affected by the property holdings of others" (p. 238).
Descriere
This book explores the possibility of a theoretical space where justice-inspired changes to the extant property regime can be imagined and discussed.