Legal Strategies for the Development and Protection of Communal Property
Series: Proceedings of the British Academy; 216;
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Product details:
- Publisher The British Academy
- Date of Publication 4 October 2018
- ISBN 9780197266380
- Binding Hardback
- No. of pages256 pages
- Size 241x163x8 mm
- Weight 572 g
- Language English 0
Categories
Short description:
By looking beyond traditional, individualist and exclusive ownership models and engaging with communal property 'practices' in different jurisdictions, Legal Strategies for the Development and Protection of Communal Property explores the theoretical grounding and policies for the expansion and defence of communal property.
Long description:
Whilst historically communal property has had very different meanings and functions in the UK, China, and other regions of the world, parallel developments are emerging, and modern perceptions are converging even as each region faces its own unique challenges in the management of land and natural resources. These developments have raised an important question: What legal strategies are most likely to promote the development and protection of communal property? Answers to this question will not only guide domestic debates on resource governance and community development, but also provoke global discussions and help to formulate global guidelines to address pressing challenges.
Contributions to Legal Strategies for the Development and Protection of Communal Property focus on legal strategies for the development and protection of communal property as it relates to land and other natural resources, considering how these strategies 'map' over different jurisdictions (England and Wales, Scotland, South Africa, Cameroon, Italy, Israel, and China) and through different jurisprudential approaches. Legal Strategies for the Development and Protection of Communal Property looks at property beyond the traditional, individualist, and exclusive ownership model, placing the focus on communal property from different standpoints and linking the empirical perspective with the theoretical perspective. In doing so, it challenges the theory of communal property through empirical case studies, not only linking theory with practice but also linking the local with the global.
MoreTable of Contents:
- Introduction
- 1: Professor Christopher Rodgers: Commons Governance, Normative Pluralism and the Enduring Role of Custom
- 2: Dr Margherita Pieraccini: Taking Stock of Italian Commons: Un-common Grounds?
- 3: Professor Abraham Bell, Professor Gideon Parchomovsky, and Mr Benjamin Weitz: Property in the Kibbutz: Old and New
- 4: Dr Malcolm Combe: Community Rights in Scots Property Law
- 5: Dr Walters Nsoh: The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon
- 6: Professor Juanita Pienaar: Customary Law and Communal Property in South Africa: Challenges and Opportunities
- 7: Dr Ting Xu and Dr Wei Gong: Understanding Collective Property in the Chinese Context through the Lens of Community
- 8: Dr Simone Abram and Professor Sarah Blandy: Ownership and Belonging in Urban Green Space
- 9: Professor Rosalind Malcolm and Professor Alison Clarke: Water: A Common Treasury
