Comparative Perspectives on Communal Lands and Individual Ownership


Book Description

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.










Beyond Communal and Individual Ownership


Book Description

Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact. Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.




Property Without Rights


Book Description

A new understanding of the causes and consequences of incomplete property rights in countries across the world.




Freedom


Book Description

Cover -- Half Title -- Title Page -- Copyright Page -- Original Title Page -- Original Copyright Page -- Contents -- Acknowledgements -- Introduction -- Part I The Negative Conception of Freedom -- Chapter 1 Hayek's Notion of Freedom -- Chapter 2 Constraints on Freedom -- Chapter 3 Free Action, Free Person and Free Society -- Chapter 4 Limits of Negative Freedom in Capitalism -- Chapter 5 The Hybrid View -- Part II The Positive Conception of Freedom -- Chapter 6 Green's Notion ofFreedom -- Chapter 7 Kant on Rational Self-Determination -- Chapter 8 Hegel on Concrete Freedom -- Chapter 9 Communitarians on the Social Context of Freedom -- Chapter 10 Freedom as the Power for Self-Determination -- Chapter 11 The Historical Account: Freedoms and Unfreedoms in Capitalism -- Conclusion -- Bibliography -- Index




Routledge Library Editions: Free Will and Determinism


Book Description

This set reissues a number of classic titles on free will and determinism. They approach the topic from a range of differing viewpoints, and in so doing, provide an excellent overview and in-depth analysis of this fundamental philosophical problem.







Drawing Back Culture


Book Description

The Makah Indians of Washington State--briefly in the national spotlight when they resumed their ancient whaling traditions in 1999--have begun a process that will eventually lead to the repatriation of objects held by museums and federal agencies nationwide. Drawing Back Culture describes the early stages of the tribe's implementation of what some consider to be the most important piece of cultural policy legislation in the history of the United States: the Native American Graves Protection and Repatriation Act (NAGPRA). NAGPRA was passed by Congress in 1990 to give Native people a mechanism through which they could reclaim specific objects of importance to the tribe. Because NAGPRA definitions were intended for widespread applicability, each tribe must negotiate a fit between these definitions and their own material culture. The broad range of viewpoints within any given tribal community creates internal negotiations over NAGPRA surrounding the identification and eventual return of such objects. Negotiations also arise concerning the nature of ownership. At the heart of this ongoing struggle are themes relevant to indigenous studies worldwide: the central role of material culture in cultural revitalization movements, concerns with intellectual property rights and self-representation, and the trend towards professional cultural resource management among indigenous peoples. The conception of ownership lies at the heart of the Makahs' struggle to implement NAGPRA. Tweedie explores their historical patterns of ownership, and demonstrates the challenges of implementing legislation which presumes a concept of communal ownership foreign to the Makahs' highly developed and historically documented patterns of personal ownership of both material culture and intellectual property. Drawing Back Culture explores how NAGPRA implementation has been working at the tribal level, from the perspective of a tribe struggling to fit the provisions of the law with its own sense of history, ownership, and the drive for cultural renewal.




Property Rights and Sustainability


Book Description

This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.