The Idea of Home in Law
The Idea of Home in Law

Author: Lorna Fox O'Mahony

Publisher: Routledge

Published: 2016-03-03

Total Pages: 249

ISBN-13: 1317028090

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The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.

The Idea of Property in Law
The Idea of Property in Law

Author: James E. Penner

Publisher: Oxford University Press

Published: 1997

Total Pages: 262

ISBN-13: 9780198260295

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In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

The Idea of Property
The Idea of Property

Author: Laura S. Underkuffler

Publisher: Oxford University Press, USA

Published: 2003

Total Pages: 216

ISBN-13: 9780199254187

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Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.

Conceptualising Home
Conceptualising Home

Author: Lorna Fox O'Mahony

Publisher: Bloomsbury Publishing

Published: 2006-12-01

Total Pages: 568

ISBN-13: 1847312918

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It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

On the History of the Idea of Law
On the History of the Idea of Law

Author: Shirley Robin Letwin

Publisher: Cambridge University Press

Published: 2005-11-10

Total Pages: 364

ISBN-13: 1139448498

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On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.

Modern Studies in Property Law, Volume 11
Modern Studies in Property Law, Volume 11

Author: Sue Farran

Publisher: Bloomsbury Publishing

Published: 2021-07-29

Total Pages: 432

ISBN-13: 1509939296

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What are the contemporary challenges faced by property law as we enter the 2nd decade of the 21st century? This collection brings together the research and perspectives of an international body of academics and practitioners to consider these challenges and how even familiar topics must develop to meet new demands and developments. As with previous books in the Modern Studies in Property Law series, this volume adopts a broad approach to topics encompassed by 'property law' in the firm belief that the boundaries that divide are shadowy at best and constantly moving in the endeavour to keep up with what is 'modern'. This collection looks at 5 themes: - Comparative perspectives, including a chapter on grazing and cropping rights in Northern Ireland, and analysis of the anomalies of the English trust law as seen from a civil law perspective; - Taking and alienating property, including a chapter on bankruptcy and the family home; - Modern dilemmas, including chapters on trusts in virtual currency and on smart homes; - Old chestnuts – new challenges, including analysis of the mortgage law reform in Scotland and a chapter on the ouster principle in common law jurisdictions; and - Wills, death and other morbid topics, with chapters on English succession law and the role of knowledge and approval in retrospective assessments of capacity. Unfortunately, the COVID-19 pandemic prevented the 13th biennial conference being held in 2020 as planned but despite this, the authors and co-editors persevered to produce this interesting and diverse collection.

Modern Studies in Property Law - Volume 8
Modern Studies in Property Law - Volume 8

Author: Warren Barr

Publisher: Bloomsbury Publishing

Published: 2015-08-27

Total Pages: 394

ISBN-13: 1509901833

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This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

Land Use Law and Disability
Land Use Law and Disability

Author: Robin Paul Malloy

Publisher: Cambridge University Press

Published: 2015

Total Pages: 267

ISBN-13: 0521193931

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This book argues that communities need better planning to be safely navigated by people with mobility impairment and to facilitate intergenerational aging in place.

Research Handbook on Housing, the Home and Society
Research Handbook on Housing, the Home and Society

Author: Keith Jacobs

Publisher: Edward Elgar Publishing

Published: 2024-08-06

Total Pages: 639

ISBN-13: 1800375972

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This dynamic Research Handbook explores key perspectives, topics and methodologies used to understand housing, the home and society. Pairing social theory with a broad range of case studies from the Global North and South, it offers a unique insight into the field.

Principles of Property Law
Principles of Property Law

Author: Alison Clarke

Publisher: Cambridge University Press

Published: 2020-06-11

Total Pages: 751

ISBN-13: 1108850685

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Principles of Property Law offers a critical and contextual analysis of fundamental property law concepts and principles, providing students with the necessary tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general property principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a range of tangible and intangible things. Also drawing on concepts of property developed by political and legal theorists, economists and environmentalists, Principles of Property Law gives students a clear understanding of how property law works, why it matters and how the theory connects with the real world. Suitable for undergraduate law students studying property and land law in England, Wales and Northern Ireland, as well as postgraduate students seeking an accessible analysis of property law as part of a course in law, land administration, environmental law or development studies.