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1
Environment, Department of the. (Draft) guidance on determination of whether land is contaminated land under the provisions of (Part IIA of the Environmental Protection Act 1990). [London] : Dept. of the Environment, 1995.
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2
Great Britain. Colonial Office. Canada, clergy reserves : Return to an address of the House of Lords of the 15th February 1853, for, the Government Gazette of Canada of 8th May 1849, or any other document in the Colonial Office containing copy of an address to the Governor-General of British North America from the Romish prelates and clergy of Quebec in the year 1849, and of the answer of His Excellency to that address ; also, return stating whether the two Canada Acts 12 Vict. Cap. 136, and Cap. 143, or either, and which of them, were disallowed by Her Majesty, and also, copy of any official letter from the Lord Bishop of Quebec to His Grace the Duke of Newcastle, one of Her Majesty's principal secretaries of state, on the matter of clergy reserves in Canada. [London : HMSO, 2001.
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3
Oversight hearing to consider whether potential liability deters abandoned hardrock mine cleanup : Hearing before the Committee on Environment and Public Works, United States Senate, One Hundred Ninth Congress, second session, June 14, 2006. Washington : U.S. G.P.O., 2009.
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4
Swinburne, Henry. A briefe treatise of testaments and last willes : Very profitable to be vnderstoode of all the subiects of this realme of England (desirous to know, whether, whereof, and how, they may make their testaments and by what meanes the same may be affected or hindered) ... : compiled of such lawes eccliasticall and ciuill, as be not repugnant to the lawes, customes, or statutes of this realme, no derogatorie to the prerogatiue royall : in which treatise also are inserted diuers statutes of this land together with mention of sundrie customes ... besides diuers marginall notes and quotations ... : with two tables, the one analytical ... the other alphabeticall ... London : Printed by Iohn Windet, 1992.
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5
Bassnett, Madeline, et Hillary M. Nunn. In the Kitchen, 1550–1800. Nieuwe Prinsengracht 89 1018 VR Amsterdam Nederland : Amsterdam University Press, 2022. http://dx.doi.org/10.5117/9789463721646.
Texte intégralRésumé :
In the Kitchen insists that the preparation of food, whether imaginative, physical, or spatial, is central to a deeper understanding of early modern food cultures and practices. Devoted to the arts of cooking and medicine, early modern kitchens concentrated on producing, processing, and preserving materials necessary for nourishment and survival; yet they also fed social and economic networks and nurtured a sense of physical, spiritual, and political connection to surrounding lands and their cultures. The essays in this volume illuminate this expansive view of cooking and aspire to show how the kitchen's inner workings prove tightly, though often invisibly, interwoven with local, national, and, increasingly, global surroundings. Engaging with literary and historical methodologies, including close reading, recipe analysis, and perspectives on gender, class, race, and colonialism, we begin to develop a shared theoretical and practical language for the art of cooking that combines the physical with the intellectual, the local with the global, and the domestic with the political.
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Cooke, Elizabeth. Land Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854067.001.0001.
Texte intégralRésumé :
This book is an account of the land law of England and Wales written in the Clarendon style: as a letter to a friend, with a minimum of footnotes and statutory material. It explains the origins of land law in the feudal system, its transformation by the legislation of 1925, and the modern regime in which registration is the key to the validity and enforceability of interests in land. The unique role of the trust in English law is explored, and the many complications that can arise where ownership of land is shared (whether concurrently or consecutively). Themes of the book include the management of complexity in land law, and the tension between dynamic and static security. The law of mortgages, leases, easements, and covenants is explained. Recent decisions of the Court of Appeal and the Supreme Court are discussed, as are reform proposals by the Law Commission.
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Lindenmayer, David, Saul Cunningham et Andrew Young, dir. Land Use Intensification. CSIRO Publishing, 2012. http://dx.doi.org/10.1071/9780643104082.
Texte intégralRésumé :
There can be little doubt that there are truly colossal challenges associated with providing food, fibre and energy for an expanding world population without further accelerating already rapid rates of biodiversity loss and undermining the ecosystem processes on which we all depend. These challenges are further complicated by rapid changes in climate and its additional direct impacts on agriculture, biodiversity and ecological processes.
There are many different viewpoints about the best way to deal with the myriad issues associated with land use intensification and this book canvasses a number of these from different parts of the tropical and temperate world. Chapters focus on whether science can suggest new and improved approaches to reducing the conflict between productive land use and biodiversity conservation.
Who should read this book? Policy makers in regional, state and federal governments, as well as scientists and the interested lay public.
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McFarlane, Ben, Nicholas Hopkins et Sarah Nield. 2. What is land ? Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0002.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores in detail the legal meaning of land and the nature of its protection. It considers usefulness of the cujus est solum, ejus est usque ad coelum et ad infernos brocard to proving the reach of a land owner's rights above and below the surface of the land. It also considers how the courts decide on whether particular objects count as part of land, or instead as independent chattels.
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Bogusz, Barbara, et Roger Sexton. Complete Land Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824909.001.0001.
Texte intégralRésumé :
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This edition of Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area of land law, including: the Supreme Court’s decision in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement; the Court of Appeal’s confirmation in Baker v Craggs that an easement cannot be overreached; a discussion of the Homes (Fitness for Habitation) Act 2018, providing greater protection for short-term leases; and a discussion of the lease/licence distinction in relation to guardians from the judgment Camelot Guardian Management v Khoo.
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Bogusz, Barbara, et Roger Sexton. Complete Land Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198793250.001.0001.
Texte intégralRésumé :
Complete Land Law: Text, Cases, and Materials Abstract: Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Land Law combines clear commentary in relation to land law with essential extracts from legislation and cases. A wide range of extracts are included, providing convenient and reliable access to all the materials needed. This edition features discussion of the latest case law in the area including: Wood v Waddington on the scope of s62 LPA 1925, Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd on whether sporting and recreational rights can be an easement, the use of clear visible signs to prevent the acquisition of a prescriptive easement in Winterburn v Bennett, and Birdlip v Hunter on building schemes. There is an account of the Supreme Court decision in Edwards v Kumarasamy on the scope of ‘exterior’ in relation to repairing covenants in leases.
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McFarlane, Ben, Nicholas Hopkins et Sarah Nield. 15. Evaluating the land registration act 2002. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0015.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter assesses the impact of the Land Registration Act 2002 (LRA 2002). The Act principally affects the acquisition and defences questions. It considers whether the Act has achieved its aim of providing a comprehensive and accurate register, and also examines if such an aim is a worthwhile one. The effect of the Act depends on whether C's registration can be said to be a ‘mistake’; but that term is not defined in the Act, and so there is room for disagreement amongst judges and commentators as to how the crucial notion of ‘mistake’ should be interpreted. The Act also concentrates on the different question of whether B can assert a pre-existing legal or equitable property right against C. The Law Commission heralded the reforms made by the LRA 2002 as a ‘conveyancing revolution’. At the same time, further changes to conveyancing practice are warranted in order to tackle the perennial frustration experienced by potential homebuyers.
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Onaci, Edward. Free the Land. University of North Carolina Press, 2020. http://dx.doi.org/10.5149/northcarolina/9781469656144.001.0001.
Texte intégralRésumé :
On March 31, 1968, over 500 Black nationalists convened in Detroit to begin the process of securing independence from the United States. Many concluded that Black Americans' best remaining hope for liberation was the creation of a sovereign nation-state, the Republic of New Afrika (RNA). New Afrikan citizens traced boundaries that encompassed a large portion of the South--including South Carolina, Georgia, Alabama, Mississippi, and Louisiana--as part of their demand for reparation. As champions of these goals, they framed their struggle as one that would allow the descendants of enslaved people to choose freely whether they should be citizens of the United States. New Afrikans also argued for financial restitution for the enslavement and subsequent inhumane treatment of Black Americans. The struggle to "Free the Land" remains active to this day. This book is the first to tell the full history of the RNA and the New Afrikan Independence Movement. Edward Onaci shows how New Afrikans remade their lifestyles and daily activities to create a self-consciously revolutionary culture, and it argues that the RNA's tactics and ideology were essential to the evolution of Black political struggles. Onaci expands the story of Black Power politics, shedding new light on the long-term legacies of mid-century Black Nationalism.
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Borras, Saturnino M., et Jennifer C. Franco. Food, Justice, and Land. Sous la direction de Ronald J. Herring. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780195397772.013.028.
Texte intégralRésumé :
The politics of food is intertwined with land politics, whether we talk about plantation workers, indigenous peoples, or pastoralists and their desire to own or control land. Questions on food politics are centered on what is to be produced, where, how much and how, by whom, and with what patterns of distribution and consumption. Answers to these questions inevitably raise issues of politics, power, and social justice. This chapter examines the link between land and food and its implications for social justice. It begins with a discussion of the contemporary global land rush in relation to pro-poor land policy, with particular emphasis on land reform. It then looks at the move away from conventional land reform in development policy thinking as part of the neoliberal resurgence. It also considers the contemporary interest in land and land policies in the context of development, along with key themes in pro-poor land policy such as protection or transfer of land-based wealth in favor of the poor, transfer of land-based political power, the sensitivity of such a policy to gender and ethnic groups, and its contribution to increasing land and labor productivity.
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D’Costa, Anthony P., et Achin Chakraborty. The Land Question in India. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198792444.003.0002.
Texte intégralRésumé :
Since the mid-2000s, proliferating “land wars” have exposed a contradiction between the land requirements of neoliberal capitalism and the political weight of farmers in India’s democracy. Whether, how, and for whom this contradiction is resolved constitutes India’s “new” land question. But this chapter argues that Marx’s “primitive accumulation” or Harvey’s “accumulation by dispossession” are inadequate to understand this conjuncture; and it advances the concept of “regimes of dispossession” as an alternative. It argues that from the early 1990s, India shifted from a regime that dispossessed land for state-led projects of material expansion to one that dispossesses land for private and decreasingly productive investments. This new regime, in which states have become mere land brokers for private capital, is arguably less “developmental” than its Nehruvian predecessor. The upshot is that India’s “land wars” are unlikely to dissipate any time soon; and the “land question” may be the largest contradiction for Indian capitalism for the foreseeable future.
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Millstein, Roberta L. Is Aldo Leopold’s “Land Community” an Individual ? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190636814.003.0013.
Texte intégralRésumé :
The concept of “land community” (or “biotic community”) that features centrally in Aldo Leopold’s Land Ethic has typically been equated with the concept of “ecosystem.” The author argues that we need to rethink Leopold’s concept of land community. First, Leopold’s views are not identical to those of his contemporaries, although they resemble those of some subsequent ecologists. Second, the land community concept does not map cleanly onto the concept of “ecosystem”; it also incorporates elements of the “community” concept in community ecology. Third, the question of whether land communities have boundaries can be addressed by an analysis of land communities as individuals. There are challenges to be worked out, but the author argues that these challenges can be resolved. The result is a defensible land community concept that is ontologically robust enough to be a locus of moral obligation while being consistent with contemporary ecological theory and practice.
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Country, Lover Of His. Britons Awake, and Look about You : Or, Ruin the Inevitable Consequence of a Land-War, Whether Successful, or Not... . by a Lover of His Country. HardPress, 2020.
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Goward, Samuel N., Laura E. P. Rocchio, Darrel L. Williams, Terry Arvidson, James R. Irons, Carol A. Russell et Shaida S. Johnston. Landsat’s Enduring Legacy : Pioneering Global Land Observations from Space. ASPRS, 2017. http://dx.doi.org/10.14358/asprs.1.57083.101.7.
Texte intégralRésumé :
After more than 15 years of research and writing, the Landsat Legacy Project Team, in collaboration with the American Society for Photogrammetry and Remote Sensing (ASPRS), published an account of monitoring the Earth’s lands for a half-century with Landsat. Born of technologies that evolved from the Second World War, Landsat not only pioneered global land monitoring but in the process, drove innovation in digital imaging technologies and encouraged the development of global imagery archives. Access to this imagery led to early breakthroughs in natural resources assessments, particularly for agriculture, forestry, and geology. The technical Landsat remote sensing revolution was not simple or straightforward. Early conflicts between civilian and defense satellite remote sensing users gave way to disagreements over whether the Landsat system should be a public service or a private enterprise. The failed attempts to privatize Landsat nearly led to its demise. Only the combined engagement of civilian and defense organizations ultimately saved the Landsat program from the brink of collapse. With the emergence of 21st century Earth system science research, the full value of the Landsat concept and its continuous 50-year global archive has been recognized and embraced. Discussion of Landsat’s future continues but its heritage will not be forgotten. This innovative satellite system’s vital history is captured in this notable volume on Landsat’s Enduring Legacy.
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Brons, Lajos. A Buddha Land in This World : Philosophy, Utopia, and Radical Buddhism. punctum books, 2022. http://dx.doi.org/10.53288/0373.1.00.
Texte intégralRésumé :
In the early twentieth century, Uchiyama Gudō, Seno’o Girō, Lin Qiuwu, and others advocated a Buddhism that was radical in two respects. Firstly, they adopted a more or less naturalist stance with respect to Buddhist doctrine and related matters, rejecting karma or other supernatural beliefs. And secondly, they held political and economic views that were radically anti-hegemonic, anti-capitalist, and revolutionary. Taking the idea of such a “radical Buddhism” seriously, A Buddha Land in This World: Philosophy, Utopia, and Radical Buddhism asks whether it is possible to develop a philosophy that is simultaneously naturalist, anti-capitalist, Buddhist, and consistent. Rather than a study of radical Buddhism, then, this book is an attempt to radicalize it. The foundations of this “radicalized radical Buddhism” are provided by a realist interpretation of Yogācāra, elucidated and elaborated with some help from thinkers in the broader Tiantai/Tendai tradition and American philosophers Donald Davidson and W.V.O. Quine. A key implication of this foundation is that only this world and only this life are real, from which it follows that if Buddhism aims to alleviate suffering, it has to do so in this world and in this life. Twentieth-century radical Buddhists (as well as some engaged Buddhists) came to a similar conclusion, often expressed in their aim to realize “a Buddha land in this world.” Building on this foundation, but also on Mahāyāna moral philosophy, this book argues for an ethics and social philosophy based on a definition of evil as that what is or should be expected to cause death or suffering. On that ground, capitalism should be rejected indeed, but utopianism must be treated with caution as well, which raises questions about what it means – from a radicalized radical Buddhist perspective – to aim for a Buddha land in this world.
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Witting, Christian. 17. Nuisance. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.003.0017.
Texte intégralRésumé :
This chapter examines the provisions of tort law concerning private and public nuisance. It explains that the tort of private nuisance protects rights in the use of land, rights in the enjoyment of land, and rights in land itself so as to protect against physical damage to land. It highlights the difficulty in establishing whether private nuisance constitutes a tort of strict liability. This chapter also discusses the elements of public nuisance, which again is a difficult tort to analyse.
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McFarlane, Ben, Nicholas Hopkins et Sarah Nield. 17. Regulating co-ownership :. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0017.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the internal regulation of co-ownership. It is concerned with the content question: the rights enjoyed by co-owners, including their rights and duties in relation to each other, and whether one co-owner can insist on a sale of the land against the wishes of another. The joint tenancy and the tenancy in common are two forms of co-ownership. The chapter explores the operation of survivorship in respect of a joint tenancy and the process through which a joint tenant may become a tenant in common through severance. Co-ownership is terminated once there is a sole legal and equitable owner. The process of partition can also terminate co-ownership. In both forms of co-ownership, the rights and duties of the co-owners are governed through the imposition of a trust of land, regulated by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). TOLATA 1996 contains a procedure enabling disputes relating to land held on trust to be determined by an application to court. The chapter considers how the courts have resolved disputes between the beneficiaries as to whether land should be sold. The chapter also considers the relationship between TOLATA 1996 and ‘home rights’ (of occupation) conferred by the Family Law Act 1996.
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MacKenzie, Judith-Anne. 9. The freehold estate. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198748373.003.0009.
Texte intégralRésumé :
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the case of David Derby, owner of the freehold estate in 4 Trant Way, who has decided to give the estate to one of his three nephews and is considering three possible dispositions. It is necessary to consider whether each of these three possible gifts would vest in the nephew or friend concerned a legal fee simple absolute in possession, or whether the gift would create an interest in land which is less than a legal estate. The phrase ‘fee simple absolute in possession’ imposes a series of requirements, all of which must be satisfied if the estate is to qualify as a legal one. The chapter examines these requirements in more detail, and considers whether David’s proposed gifts would satisfy them.
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Shammas, Carole. Household Formation, Lineage, and Gender Relations in the Early Modern Atlantic World. Sous la direction de Nicholas Canny et Philip Morgan. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199210879.013.0021.
Texte intégralRésumé :
Households did not figure prominently in the early Atlantic migration to the Americas. The opportunity for innovation in household structure, given the ethnicities, economies, and colonial regimes involved, was great. Large portions of the Americas diverged from the prescribed patterns of marriage in the Western European empires that had laid claim to the territory. The potential for differing versions of the early modern American family can be grasped best by looking at how the population had evolved towards the end of the colonial period. This article explores household formation, lineage, and gender relations in the early modern Atlantic world, as well as differences in the household organisation of Atlantic migrants and Native Americans, household and land, and whether creole women's advantage can be attributed to an African woman's later age at birth of first child or her higher probability of being a sugar-field worker.
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McFarlane, Ben, Nicholas Hopkins et Sarah Nield. 6. Equitable interests. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0006.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the content of equitable interests in land, and considers how such rights differ from each of personal rights and legal estates and interests. Equitable interests in land are capable of being asserted against third parties. They have a power lacking in personal rights. The content and acquisition questions are answered differently depending on whether B claims a legal or equitable property right. It is noted that equitable interest in land depends on A's coming under a duty to B. Moreover, as observed, equitable property rights are conceptually different from legal property rights.
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McIntyre, S., JG McIvor et KM Heard, dir. Managing and Conserving Grassy Woodlands. CSIRO Publishing, 2004. http://dx.doi.org/10.1071/9780643069947.
Texte intégralRésumé :
In eastern Australia, grassy eucalypt woodlands have been under severe pressure from agricultural development, with problems of land degradation and species decline being most severe in the cropping lands of south-eastern Australia.
Managing and Conserving Grassy Woodlands describes a set of principles that will enable landholders to maintain or increase productivity without compromising ecological sustainability, and at the same time maintaining a substantial proportion of the native flora and fauna. The book provides the technical foundations underpinning the principles and explains the importance of planning at a landscape scale.
Each major principle is addressed in a separate chapter which explains the scientific understanding behind the principle and which discusses some of the issues relating to its practical application. Additional chapters outline the basic ecological concepts underpinning the principles and the responses of landholders who have had the opportunity to discuss and reflect on the principles. For those interested in translating the principles into a property plan, a final chapter explores the steps that can be taken.
Managing and Conserving Grassy Woodlands is intended for those at the interface of disciplinary research and on-ground application, whether they are working in research, regional planning, extension, landcare or land management.
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Eisen, Robert. Summary and Conclusions. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190687090.003.0009.
Texte intégralRésumé :
This chapter summarizes how the five rabbis dealt with the major issues this study focused on: which varieties of war in medieval Halakhah are still permitted, who has legitimate authority to wage war, whether the conscription of soldiers is permitted, and whether soldiers may kill civilians even accidentally. It concludes with a discussion of how the positions of these thinkers stack up against the norms of international law, finding some overlap but also marked differences. For instance, all five rabbis believed that war could be waged for defensive purposes, and international law would support that view. However, some of the rabbis believed that wars could be waged for other purposes as well, such as revenge or to conquer the land God promised to Israel in the Bible. International law would not consider such reasons legitimate for waging war.
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Kolb, Anne. Communications and Mobility in the Roman Empire. Sous la direction de Christer Bruun et Jonathan Edmondson. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780195336467.013.030.
Texte intégralRésumé :
Due to the size of the Roman Empire, communication routes, whether by land or water, were crucial to its functioning. The road system was a characteristic feature of Roman imperial rule and symbolized Roman power in a ubiquitous and visible way. Inscriptions are fundamental for understanding certain key aspects of transport and communication: roads and road building, milestones, the development and regulations of the cursus publicus, communication practices, and mobility and connectivity in the Roman empire .
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Fisher, Jonathan R. B. Global agricultural expansion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808978.003.0011.
Texte intégralRésumé :
This chapter asks whether evidence supports the widely held belief that land used for agriculture around the world has continued to rapidly expand via conversion of natural habitat in response to the demands created by recent human population growth. Contrary to conventional wisdom, global agricultural land use peaked in 1998 and has since declined. While habitat continues to be cleared for agriculture, on a global net basis, more agricultural land has been converted to other uses than vice versa. This analysis also found that national trends in agricultural expansion are driven by factors other than population growth. Although this does not mean agriculture is “sustainable,” these findings challenge the dominant narrative around global agricultural expansion and highlight other important issues that must be addressed. Looking at data at national and subnational scales is essential to understand the implications of global trends in agriculture, where improvements and interventions are most needed.
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Rignall, Karen E. An Elusive Common. Cornell University Press, 2021. http://dx.doi.org/10.7591/cornell/9781501756122.001.0001.
Texte intégralRésumé :
This book details the fraught dynamics of rural life in the arid periphery of southeastern Morocco. The book considers whether agrarian livelihoods can survive in the context of globalized capitalism and proposes a new way of thinking about agrarian practice, politics, and land in North Africa and the Middle East. The book questions many of the assumptions underlying movements for land and food sovereignty, theories of the commons, and environmental governance. Global market forces, government disinvestment, political marginalization, and climate change are putting unprecedented pressures on contemporary rural life. At the same time, rural peoples are defying their exclusion by forging new economic and political possibilities. In southern Morocco, the vibrancy of rural life was sustained by creative and often contested efforts to sustain communal governance, especially of land, as a basis for agrarian livelihoods and a changing wage labor economy. The book follows these diverse strategies ethnographically to show how land became a site for conflicts over community, political authority, and social hierarchy. The book makes the provocative argument that land enclosures can be an essential part of communal governance and the fight for autonomy against intrusive state power and historical inequalities.
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MacKenzie, Judith-Anne. 23. Enforcement of a licence. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198748373.003.0023.
Texte intégralRésumé :
Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter begins with a description of the various types of licence. It then discusses enforcement against the licensor; enforcement against successors of the licensor; and whether licences are becoming interests in land. The issues covered are also applied to two licensees in Trant Way: Henry Mumps and Bob Bell are each living in property owned by another member of their family.
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Trencsényi, Balázs, Michal Kopeček, Luka Lisjak Gabrijelčič, Maria Falina, Mónika Baár et Maciej Janowski. The “Third Way”. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198737155.003.0004.
Texte intégralRésumé :
The interwar years saw the flourishing of agrarian populist ideology all over East Central Europe. However, rather than a homogeneous movement, there were several types of agrarianism, responding to local exigencies and often marked by considerable internal cleavages. The main common denominator was the doctrine of a “third way,” which usually meant a critique of both liberal Western capitalism and socialist collectivism. While the private ownership of land was unquestioned, agrarian theoreticians argued that this did not fit the logic of capitalistic production. There was no consensus, however, whether in the future these countries would eventually become industrialized or whether the international division of labor would keep them forever agrarian. Agrarian populism had many intersections with ethno-populism and the stress on the peasantry as the only “uncontaminated” social class could also have nationalistic connotations. Nevertheless, most peasant parties rejected the radical nationalism characterizing neo-conservative and extreme-rightist political camps.
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Huang, Yukon. China’s Impact on the Global Balance of Power. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190630034.003.0009.
Texte intégralRésumé :
President Xi’s “China Dream” is underpinned by the country’s expanding trade and aid initiatives. While many welcome such opportunities, Beijing’s assertive foreign policy has exacerbated tensions. Meanwhile, America’s rebalancing toward Asia is seen by China as a containment strategy. China’s response has been to launch its “One Belt, One Road” initiative to support infrastructure development along historic land and maritime routes across Asia and the Middle East to Europe. Beijing’s plans have been substantiated by large amounts of lending and a new multilateral institution. China is no longer willing to accept the United States as the dominant regional power, yet it is unclear whether America is prepared to surrender any portion of its primacy. It remains to be seen whether the disputes over the sovereignty of regional islands will lead to conflicts or a conciliatory process that will allow the region to remain stable and prosper.
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Tara, Davenport. 7 The Archipelagic Regime. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0007.
Texte intégralRésumé :
The archipelagic regime in Part IV of the 1982 United Nations Convention on the Law of the Sea (LOSC) was aimed at resolving an issue that had long challenged the international community, namely, whether a group of islands should be considered a single entity and thus subject to a special regime distinct from the rules applicable to continental land masses and individual islands. This chapter examines the critical issues associated with the implementation of Part IV as well as future issues that may arise. It first discusses the development of the archipelagic regime. It then addresses the definition of an archipelago and an archipelagic State, archipelagic baselines, and archipelagic waters, respectively, and examines issues in implementation. It considers the issue of ‘dependent archipelagos’ and whether there is a lacuna in LOSC in this regard. The chapter concludes with a discussion on future areas of focus for the archipelagic regime.
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Head, Lesley. Cultural Landscapes. Sous la direction de Dan Hicks et Mary C. Beaudry. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199218714.013.0018.
Texte intégralRésumé :
This article explores the idea of cultural landscapes. The term ‘cultural landscape’ is widely recognized as a description of a region of the earth that has been transformed by human action. This article explores the history of the idea of cultural landscapes, focusing on two dichotomies. The first is the dichotomy between materiality and symbolism; from highly material beginnings in the early twentieth century, the second is the dichotomy between nature and culture, concepts treated as oppositional for much of this history. It then examines some of the geographic differences, with particular attention to Australian and Scandinavian examples. The next section explores what happens when the cultural landscape idea itself becomes materialized, in the form of land and heritage management frameworks. The final section presents a recent critique of the cultural landscape concept and asks whether it is possible to go beyond the dichotomies, and whether the concept retains any usefulness.
34
Eisen, Robert. War in Jewish Law before Zionism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190687090.003.0002.
Texte intégralRésumé :
This chapter provides the necessary background for understanding the positions of the five rabbis on war by describing the material in medieval Halakhah dealing with this topic in greater detail. The basis for discussion is Maimonides’ treatment of laws of war in his Mishneh Torah, the most important source for laws in all of Halakhah. Also included is a discussion of Nahmanides’ highly influential position on the imperative to conquer the land of Israel, as well as a discussion of preemptive war which is not addressed by Maimonides. Finally, the chapter gives a more in-depth discussion than that presented in the first chapter about the key moral issues at the center of the study: which types of war in medieval Halakhah are still applicable, who has legitimate authority to wage war, whether a modern Jewish state may conscript soldiers, and whether Jewish soldiers may kill enemy civilians even accidentally.
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Marcus, Smith, et Leslie Nico. Part I The Nature of Intangible Property, 8 Leases. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0008.
Texte intégralRésumé :
This chapter focuses on leases. Leases are most commonly associated with transactions involving land, and have been a feature of the law of real property since the Middle Ages. However, other forms of lease have become increasingly prominent in modern times. There are now major industries concerned with the leasing of chattels, such as vehicles or aircraft, and leases of intangible rights have become commonplace in the world of intellectual property. The key feature of such leases is that the lessee obtains the right to exclude others from using the relevant chattel or intellectual property. This is in contrast to a mere licence, by which the licensee obtains only the right to use the chattel or property himself. The chapter looks specifically at leases over land—its nature, historical origins, and whether they can be properly classified as choses in action.
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Abbey, Robert, et Mark Richards. 14. Post-completion procedures. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823223.003.0014.
Texte intégralRésumé :
Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.
37
Abbey, Robert, et Mark Richards. 14. Post-completion procedures. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787648.003.0014.
Texte intégralRésumé :
Conveyancing practitioners, whether they are acting for the seller or the buyer, still have much to do once completion has taken place. However, the buyer’s solicitor will have more work to do, as in most transactions acting on behalf of the buyer means after completion dealing with the possible payment of stamp duty land tax and then registration of the title and/or transfer. So far as the seller is concerned, if there is a mortgage, paying off any lender is required, as well as accounting to the client for the net proceeds of sale. This chapter considers all these post-completion procedures.
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Strathern, Andrew, et Pamela J. Stewart. Religion and Violence in Pacific Island Societies. Sous la direction de Michael Jerryson, Mark Juergensmeyer et Margo Kitts. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199759996.013.0008.
Texte intégralRésumé :
This chapter examines the associations between religion and violence. The Bellonese case reveals that the ideology of honor drove the pattern of vengeance killings; that this ideology primarily pertained to men and their agnatic kin; that it was supported by appeals to gods and ancestors; and that peace rituals did not produce permanent effects. In the Fijian case, it is shown that war-chief and land-chief were ideally balanced with each other, the one standing for external violence, the other for internal peace. In Bau, this balance was upset and inverted due to the sea-going war-chiefs who came to engage a pre-eminent position by terminating the land-chiefs. In the New Guinea Highlands societies, a higher development of an ideology of wealth used is observed as a life-giving replacement for persons, whether for bridewealth payments, payments to allies, or compensation to enemies.
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Riggs, Christina. 1. Four little words. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199682782.003.0001.
Texte intégralRésumé :
‘Four little words’ analyses the meanings of ‘Ancient’, ‘Egyptian’, ‘art’, and ‘architecture’ in order to understand how Egyptian art and architecture are studied and discussed, why and how they have influenced the modern world, and whether iconic examples of Egyptian artworks and buildings are in any way representative of cultural norms and lived experience in the ancient past. When is ‘ancient’ Egypt? Where and what was ‘Egypt’ in antiquity and how did its people describe themselves and their land? Art and architecture are considered to comprise those objects made in such a way that their form and materials contribute to their representational power, social or symbolic significance, and aesthetic qualities.
40
HP, Lee. 5 The Judiciary under Siege : The 1988 Crisis. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755999.003.0006.
Texte intégralRésumé :
This chapter explores the constitutional and political dimensions of the crisis that rocked the Malaysian judiciary in 1988. For the first time in Malaysian legal history, the highest judicial officer in the land was suspended and, after an inquiry to determine whether he should be removed for alleged misbehaviour, was subsequently removed. Following this unprecedented development, two other senior judges of the Supreme Court were also removed from office after an inquiry by a second tribunal. The political dimension cannot be divorced from the constitutional dimension because the legal and constitutional manoeuvrings were consonant with political skirmishes that involved, at one stage, the political survival of Prime Minister Mahathir.
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McFarlane, Ben, Nicholas Hopkins et Sarah Nield. 21. Licences. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0021.
Texte intégralRésumé :
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter presents a discussion on licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A's duty to B. The concept of a ‘licence coupled with an interest’ has been applied by the courts as a way in which to develop the remedies available to B when he has a contractual licence, whilst at the same time technically respecting past decisions that limited those remedies. The chapter considers whether particular forms of licence ought to count as equitable interests in land, and also examines the means by which a licensee may be protected against a third party, even if the licence itself is only a personal right.
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Jones, Peter M. Agriculture. Sous la direction de William Doyle. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199291205.013.0014.
Texte intégralRésumé :
The agricultural history of the Ancien Régime is inseparable from the socio-economic history of France between 1660 and 1789 if only for the reason that husbandry remained the principal wealth-generating activity and by far the largest sector of the economy. Even after 1789 this situation would not alter radically. Notwithstanding the collapse of Bourbon absolutism, the broad thrust of change in the countryside proceeded without major interruption. The agrarian history of western Europe in the early modern period provides scant evidence of climactic moments, and researchers are in general agreement that its rhythms can only be discerned over a time span of many decades. In France specifically there were no agricultural breakthroughs in the eighteenth century—whether in land-use, tenurial practice, agronomic technique, or institutional reform.
43
Doering, Lutz. Configuring Addressee Communities in Ancient Jewish Letters. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198804208.003.0011.
Texte intégralRésumé :
The chapter investigates how the Epistle of Baruch configures Jewish national identity in the first or second century CE. Baruch emphasizes the unity and common lot of the twelve tribes: all of them have left their land; all they can rely on now is God and his Torah. Baruch thus shifts the focus from a this-worldly national expectation to an other-worldly hope. By requesting recurrent rereading of the Epistle and mutual commemoration, the Epistle (and with it the Apocalypse) specifies the preferred mode of its own reception. It is unclear whether it was successful with real communities of readers around 100 CE. But the stand-alone form of the Epistle popular in the Syriac tradition shows that it achieved its aim at least with later Syriac Christian readers.
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Trejo, Guillermo. Why and When Do Peasants Rebel ? Sous la direction de David Brady et Linda M. Burton. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199914050.013.35.
Texte intégralRésumé :
This article explores the origins and consequences of direct political action as a means for the rural poor to overcome economic destitution. Three forms of rural collective action are discussed: peaceful protest, armed rebellion, and civil war. The article first reviews classic statements and recent findings in the literature on peasant collective action before considering why poor peasants rebel. Drawing on recent studies of peasant protest, armed insurgency, and civil war, it then outlines four lessons that help us rethink dynamics of poor people’s movements. It also assesses the long-term economic and political consequences of peasant collective action and whether violent or nonviolent forms of rural mobilization have an impact on land redistribution and democratization. Finally, it describes conditions under which the poor try to overcome their destitution through direct political action.
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Kemmerer, Lisa. Eating Earth. Oxford University Press, 2014. http://dx.doi.org/10.1093/oso/9780199391844.001.0001.
Texte intégralRésumé :
Exploring the environmental effects of animal agriculture, fishing, and hunting, Eating Earth exposes critical common ground between earth and animal advocacy. The first chapter (animal agriculture) examines greenhouse gas emissions and climate change, manure and dead zones, freshwater depletion, deforestation, predator control, land and use--including the ranching industries public lands subsidies. Chapter two first examines whether or not the consumption of fish is healthy and outlines morally relevant aspects of fish physiology, then scrutinizes the fishing industry, documenting the "silent collapse" of ocean ecosystems and calling attention to the indiscriminate nature of hooks and nets, including the problem of bycatch and what this means for endangered species and fragile seascapes. Chapter three outlines the historic link between the U. S. Government, wildlife management, and hunters, then systematically unravels common beliefs about sport hunting, such as the belief that hunters are essential to wildlife conservation, that contemporary hunting qualifies as a tradition, and that hunting is merciful, economical, or rooted in "fair chase." At the end of each chapter, Kemmerer examines possible solutions to problems presented, such as sustainable meats, organic and local, grass fed, aquaculture, new fishing technologies, and enhanced regulations. Eating Earth offers a concise examination of the environmental effects of dietary choice, clearly presenting the many reasons why dietary choice ought to be front and center for environmentalists. Kemmerer's writing, supported by nearly 80 graphs and summary slides, is clear, straightforward, and punctuated with wry humor.
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Singer, Donald, et W. David Menzie. Quantitative Mineral Resource Assessments. Oxford University Press, 2010. http://dx.doi.org/10.1093/oso/9780195399592.001.0001.
Texte intégralRésumé :
Policy makers, mineral exploration experts, and regional planners decide how public lands, which may contain undiscovered resources, should be used or whether to invest in exploration for minerals on a regular basis. Decisions are also made concerning mineral resource adequacy, national policy, and regional development. This book makes explicit the factors that can affect a mineral-related decision so that decision-makers can clearly see the possible consequences of their decisions. Based on work done at the US Geological Survey, the authors address the question of the kinds of issues decision-makers are trying to resolve and what forms of information would aid in resolving these issues. The goal of the process discussed is to offer unbiased quantitative assessments in a format needed in decision-support systems so that consequences of alternative courses of action can be examined with respect to land use or mineral-resource development. An integrated approach focuses on three assessment parts and the models that support them. Although the concepts presented are straightforward and understandable, in assessments, carefully listening to the experts in other disciplines leads to better products. Navigating through and making sense of QRA requires not just learning rules and equations, but life experiences and common sense. The judgment required to understand which tools to apply are best learned by example and experience. This will be useful to governmental or industrial policy makers, managers of explorations, planners of regional development, and similar decision-makers.
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Weiss, Moritz, et Felix Biermann. Defence Industrial Cooperation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790501.003.0041.
Texte intégralRésumé :
This chapter examines to what extent Europe’s governments and defence contractors cooperate to provide European Armed Forces with military capabilities. Defence industrial cooperation has evolved as almost the default policy option for European powers to develop large military platforms. Yet, there is no uniform trend, but large variation across countries (for example, France versus Germany), across sectors (land versus air versus sea), and with regards to the sources of cooperation (for example, government induced versus investment driven). The chapter shows that, while the major powers dominate defence industrial cooperation both at the government and at the corporate level, the lesser powers and smaller defence firms follow the trend and participate in the supply chains of large weaponry. Finally, the chapter addresses the question whether cooperation or competition represents the most promising strategy towards a capable European Defence Technological and Industrial Base.
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Magda, Raczynska. 2 Loss of Proprietary Interest in an Asset. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198796138.003.0003.
Texte intégralRésumé :
This chapter examines the circumstances in which title-based interests and security interests are lost in assets in which they were originally held. It first explains how tangible assets subject to proprietary interests may be lost through physical or deemed destruction, as a result of goods becoming a fixture on land, or an accession or a product resulting from a manufacture. It then considers whether the law allows any proprietary protection to a party who loses his/her proprietary interest, with a particular focus on the principle of nemo dat quod non habet (no one can pass a greater interest in property than they have) and the notion of a disposition, including disposition in circumstances triggering possession-based defences. The chapter concludes with a discussion of loss of a proprietary interest through disposition by a third party.
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Reimer, Mavis, Clare Bradford et Heather Snell. Juvenile Fiction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199609932.003.0017.
Texte intégralRésumé :
This chapter focuses on the juvenile fiction of the British settler colonies to 1950, and considers how writers both take up forms familiar to them from British literature and revise these forms in the attempt to account for the specific geography, politics, and cultures of their places. It is during this time that the heroics associated with building the empire had taken hold of British cultural and literary imaginations. Repeatedly, the juvenile fiction of settler colonies returns to the question of the relations between settlers and Indigenous inhabitants—sometimes respecting the power of Indigenous knowledge and traditions; often expressing the conviction of natural British superiority to Indigenous ways of knowing and living; always revealing, whether overtly or covertly, the haunting of the stories of settler cultures by the displacement of Indigenous peoples on whose land those cultures are founded.
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Leuenberger, Christine, et Izhak Schnell. The Politics of Maps. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190076238.001.0001.
Texte intégralRésumé :
This book traces how the geographical sciences have become entwined with politics, territorial claim-making, and nation-building in Israel/Palestine. In particular, the focus is on the history of geographical sciences before and after the establishment of the state of Israel in 1948, and how surveying, mapping, and naming the new territory became a crucial part of its making. With the 1993 Oslo Interim Agreement, Palestinians also surveyed and mapped the territory allocated to a future State of Palestine, with the expectation that they would, within five years, gain full sovereignty. In both cases, maps served to evoke a sense of national identity, facilitated a state’s ability to govern, and helped delineate territory. Besides maps’ geopolitical functions for nation-state building, they also became weapons in map wars. Before and after the 1967 war between Israel and its Arab neighbors, maps of the region became one of the many battlefields in which political conflicts over land claims and the ethno-national identity of this contested land were being waged. Aided by an increasingly user-defined mapping environment, Israeli and Palestinian governmental and non-governmental organizations increasingly relied on the rhetoric of maps to put forth their geopolitical visions. Such struggles over land and its rightful owners in Israel/Palestine exemplify processes under way in other states across the globe, whether in South Africa or Ukraine, which are engaged in disputes over territorial boundaries, national identities, and the territorial integrity of nation-states. Maps, no less, have become crucial tools in these struggles.