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Customary Law and Communal Property in South Africa: Challenges and Opportunities

Juanita M. Pienaar

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0007
Subject:
Law, Environmental and Energy Law

In the geographical areas forming the focus of this contribution, the traditional communal areas in former Bantustan and homeland areas in South Africa, communal ownership flows from the application ... More


Legal Strategies for the Development and Protection of Communal Property

Ting Xu and Alison Clarke (eds)

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.001.0001
Subject:
Law, Environmental and Energy Law

‘Communal’ property is an important mechanism for allocating natural resources and regulating their use – whether for economic exploitation, recreational use or the promotion of biodiversity and ... More


The Legal Status of Customary Land Tenure Systems and the Protection of Communal Property in Cameroon

Walters Nsoh

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0006
Subject:
Law, Environmental and Energy Law

The ownership and utilisation of communal property are very much tied to the modern land tenure systems of most sub-Saharan African countries, which nevertheless still rely on the customary land ... More


Understanding Collective Property in the Chinese Context through the Lens of Community

Ting Xu and Wei Gong

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0008
Subject:
Law, Environmental and Energy Law

This chapter deals with the conceptualisation of collective property in the Chinese context. It is argued that this concept can be understood and defined through the lens of community via undertaking ... More


Ownership and Belonging in Urban Green Space

Simone Abram and Sarah Blandy

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0009
Subject:
Law, Environmental and Energy Law

This chapter examines publicly accessible urban green spaces, from both anthropological and socio-legal perspectives. It explores the concept of communal property through a case study of Heeley ... More


Water: A Common Treasury

Rosalind Malcolm and Alison Clarke

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0010
Subject:
Law, Environmental and Energy Law

In this chapter we argue that, because of its unique physical qualities and its importance to life and the environment, water is what Gerard Winstanley in 1649 would have characterised as a common ... More


Property in the Kibbutz: Old and New

Abraham Bell, Gideon Parchomovsky, and Benjamin Weitz

in Legal Strategies for the Development and Protection of Communal Property

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266380
eISBN:
9780191879579
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266380.003.0004
Subject:
Law, Environmental and Energy Law

In this chapter, we discuss the unique property norms that emerged within the Israeli kibbutz and the challenges to which they gave rise. Originally, the prevailing property regime in kibbutzim ... More


The Conferralist Framework

Ásta

in Categories We Live By: The Construction of Sex, Gender, Race, and Other Social Categories

Published in print:
2018
Published Online:
April 2019
ISBN:
9780190256791
eISBN:
9780190256821
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190256791.003.0002
Subject:
Philosophy, Feminist Philosophy, Metaphysics/Epistemology

In this chapter, the author offers a framework for conferralism about any property and then argues that social properties of individuals are conferred properties. Institutional and communal ... More


Procuring Necessities in the Missions

Julia J. S. Sarreal

in The Guaraní and Their Missions: A Socioeconomic History

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804785976
eISBN:
9780804791229
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785976.003.0008
Subject:
History, Latin American History

Chapter 7 examines the living standards of the Guaraní who remained in the missions and how they met their basic needs. Using mission account records, this chapter compares standards of living during ... More


The Mission Economy

Julia J. S. Sarreal

in The Guaraní and Their Missions: A Socioeconomic History

Published in print:
2014
Published Online:
September 2014
ISBN:
9780804785976
eISBN:
9780804791229
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785976.003.0004
Subject:
History, Latin American History

Chapter 3 describes the economy that funded the missions and Guaraní participation in it. Drawing on both quantitative and qualitative sources, the chapter explores the role of communal property ... More


The Right to Exclude

John G Sprankling

in The International Law of Property

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199654543
eISBN:
9780191747946
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654543.003.0013
Subject:
Law, Public International Law, Private International Law

The right to exclude is another core component of the right to property. As a general rule, municipal law permits each person to exclude state actors and private actors from his or her property. Many ... More


Fictional Characters in the Eighteenth-Century Literary Commons

Matthew H. Birkhold

in Characters Before Copyright: The Rise and Regulation of Fan Fiction in Eighteenth-Century Germany

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198831976
eISBN:
9780191876752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198831976.003.0007
Subject:
Literature, European Literature

The final chapter shows that fan fiction was treated as raising legal issues separate from piracy. This chapter argues that, because authors were newly vested with the legal capacity to hold rights ... More


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