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Moving into More Uncharted and Controversial Waters: The Body as Property, Personal Information as Property, Cultural Property, and State Redistributive Claims

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0009
Subject:
Law, Law of Obligations

This chapter considers how property rights claims should be treated in cases in which the law is emerging or unsettled. If we (as a society) determine that the ‘body’ is property, that ‘personal ... More


The Variable Power of Property Rights: Explaining the (Otherwise) Inexplicable in Law

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0008
Subject:
Law, Law of Obligations

This chapter uses the conceptual framework developed in Chapter 6 to explain why some claim property rights lack — and should lack — presumptive power. Topics discussed include the two-tiered model ... More


Conclusion

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0016
Subject:
Law, Law of Obligations

This chapter summarizes the book's main arguments and presents some concluding thoughts from the author. The book has argued that there are deep and identifiable reasons why property claims sometimes ... More


The Justice Content of Property: Constitutional Implications

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0013
Subject:
Law, Law of Obligations

This chapter considers what the ‘allocative’ characteristic of property — what has been called the ‘justice content’ of property claims — means for the protection of property as a constitutional ... More


The Individualism of Property Claims

Anne Phillips

in Our Bodies, Whose Property?

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691150864
eISBN:
9781400846368
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691150864.003.0006
Subject:
Philosophy, Political Philosophy

This chapter turns to broad policy implications and argues that the individualism inherent in property claims makes it particularly difficult to engage with macrolevel concerns. Framing bodily rights ... More


The Power of Property Claims in Law: The Emergence of Two Visions

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0004
Subject:
Law, Law of Obligations

This chapter analyzes how the constituent dimensions of property are used to construct particular conceptions of property found in law. Through this process, two dominant conceptions of property ... More


Two Conceptions of Property: Their (Hidden) Influence in Law

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0005
Subject:
Law, Law of Obligations

This chapter explores how different conceptions of property influence our thinking about property and its role in law. This question is considered from three perspectives: first, from the perspective ... More


Doctrinal Payoffs: New Approaches to Takings Law

Laura S. Underkuffler

in The Idea of Property: Its Meaning and Power

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199254187
eISBN:
9780191698224
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199254187.003.0014
Subject:
Law, Law of Obligations

The previous chapters uncovered various insights about the nature of property claims and their conflicts with public interests, both as a general matter and in the particular setting of interpreting ... More


Who Deserves Housing?: The Battle for East Thirteenth Street

Amy Starecheski

in Ours to Lose: When Squatters Became Homeowners in New York City

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226399805
eISBN:
9780226400006
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226400006.003.0003
Subject:
Anthropology, Social and Cultural Anthropology

Chapter Two also opens with the first-person voices of squatters, this time not the founders but the later occupants of the six squatted buildings on East 13th Street. It is clear from their stories ... More


Possession Is Nine-Tenths of the Law

Christian Lund

in Nine-Tenths of the Law: Enduring Dispossession in Indonesia

Published in print:
2021
Published Online:
May 2021
ISBN:
9780300251074
eISBN:
9780300255560
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300251074.003.0001
Subject:
History, Asian History

This chapter discusses the relationship between law and property. The old aphorism that “possession is nine-tenths of the law” suggests that property rights are not merely about legal rights, but, ... More


Indirect Recognition: Property and Citizenship Around Mount Halimun-Salak National Park

Christian Lund

in Nine-Tenths of the Law: Enduring Dispossession in Indonesia

Published in print:
2021
Published Online:
May 2021
ISBN:
9780300251074
eISBN:
9780300255560
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300251074.003.0003
Subject:
History, Asian History

This chapter evaluates the impact of the declaration of Mount Halimun-Salak as a national park by the Indonesian government on the property and citizenship of the local population. It analyzes ... More


“It Looks Much Like Abandoned Land”: Property and the Politics of Loyalty in Reconstruction Mississippi

Erik Mathisen

in After Slavery: Race, Labor, and Citizenship in the Reconstruction South

Published in print:
2013
Published Online:
January 2014
ISBN:
9780813044774
eISBN:
9780813046440
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813044774.003.0005
Subject:
History, African-American History

In post-Civil War Mississippi, loyalty—the measuring of an individual's faithful allegiance to government—became something of a political currency, used by whites to secure the property of those who ... More


U.S. Property Claims in Cuba

Michael J. Kelly, Erika Moreno, and Richard C. Witmer

in The Cuba-U.S. Bilateral Relationship: New Pathways and Policy Choices

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190687366
eISBN:
9780190687397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190687366.003.0010
Subject:
Law, Private International Law

In the years since publication of the Report on the Resolution of Outstanding Property Claims between Cuba and the United States in 2007, the relationship between these two countries has undergone ... More


Nine-Tenths of the Law: Enduring Dispossession in Indonesia

Christian Lund

Published in print:
2021
Published Online:
May 2021
ISBN:
9780300251074
eISBN:
9780300255560
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300251074.001.0001
Subject:
History, Asian History

The old aphorism “possession is nine-tenths of the law” is particularly relevant in Indonesia, which has seen a string of regime changes and a shifting legal landscape for property claims. Ordinary ... More


Ground Work: Legalization and Land Struggles in North Sumatra

Christian Lund

in Nine-Tenths of the Law: Enduring Dispossession In Indonesia

Published in print:
2021
Published Online:
May 2021
ISBN:
9780300251074
eISBN:
9780300255560
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300251074.003.0002
Subject:
History, Asian History

This chapter examines the longue durée reproduction of the material agrarian structure and the violently and radically changing political regimes. It operates at two levels. First, on the large scale ... More


The Last Tenth

Christian Lund

in Nine-Tenths of the Law: Enduring Dispossession in Indonesia

Published in print:
2021
Published Online:
May 2021
ISBN:
9780300251074
eISBN:
9780300255560
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300251074.003.0008
Subject:
History, Asian History

This chapter argues that if possession is nine-tenths of the law — of property — then legalization is the last tenth: the persuasion that the possession is legal. This persuasion depends on legal ... More


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