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How property norms construct the externalities of ownership

JOSEPH WILLIAM SINGER

in Property and Community

Published in print:
2009
Published Online:
May 2010
ISBN:
9780195391572
eISBN:
9780199775804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195391572.003.003
Subject:
Law, Environmental and Energy Law

The relation between property and sovereignty is contested. The protection of both persons and property are two core government functions. These functions come into conflict when the exercise of a ... More


Introduction

Katherine Beckett and Steve Herbert

in Banished: The New Social Control In Urban America

Published in print:
2009
Published Online:
May 2012
ISBN:
9780195395174
eISBN:
9780199943319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395174.003.0001
Subject:
Sociology, Law, Crime and Deviance

This chapter introduces the concept of banishment. It discusses the return of banishment through the stories of three individuals in Seattle, who supposedly violated the trespass law and drug traffic ... More


Livelihood Practices and Dynamics of Forest Conservation

Arupjyoti Saikia

in Forests and Ecological History of Assam, 1826–2000

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198069539
eISBN:
9780199081240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198069539.003.0008
Subject:
History, Indian History

In the formative years of the Assam Forest Department, forest management and implementation of forest laws often collided with the livelihood practices of the people and the natives. As a result, ... More


Forgiving Trespasses: Living with Livestock in Early America

Virginia DeJohn Anderson

in Creatures of Empire: How Domestic Animals Transformed Early America

Published in print:
2004
Published Online:
September 2007
ISBN:
9780195158601
eISBN:
9780199788538
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195158601.003.0007
Subject:
History, American History: early to 18th Century

This chapter argues that trespassing livestock were a major cause of friction between Indians and English colonists. Even so, Native Americans and colonists found ways to cooperate with one another ... More


Exclusion of Undocumented Immigrants

Steven W. Bender

in Tierra Y Libertad: Land, Liberty, and Latino Housing

Published in print:
2010
Published Online:
May 2016
ISBN:
9780814791257
eISBN:
9780814739136
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814791257.003.0007
Subject:
Law, Human Rights and Immigration

This chapter opens the discussion of exclusion by addressing public and private efforts to exclude undocumented Latino/a immigrants from local housing and from crossing ranchland in the southwestern ... More


Five Case-Studies

Philippa C. Maddern

in Violence and Social Order: East Anglia 1422-1442

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198202356
eISBN:
9780191675287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198202356.003.0005
Subject:
History, British and Irish Medieval History, Social History

The chapter discusses some cases of alleged violence which came to the King's Bench from East Anglia. The first case mentioned here titled “Inglose v. Haldeyn” originated in East Anglia. The case ... More


The Possibility of Consent

David Owens

in Shaping the Normative Landscape

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199691500
eISBN:
9780191744938
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691500.003.0008
Subject:
Philosophy, Moral Philosophy

For Hume the power of consent raised the Problem of Normative Power as much as the power to make promises. To see the parallel here we must distinguish the power of consent from the normative ... More


Restitution for Torts

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0016
Subject:
Law, Law of Obligations

Where the claimant is the victim of a tort, exemplary damages may be awarded to punish the defendant for cynically committing a tort. Other remedies are available which are purely restitutionary in ... More


9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0010
Subject:
Law, Law of Obligations, Legal History

This chapter shows how the law of torts at the start of the 19th century was still recognizably medieval. It was characterized by the division between the action of trespass and the action on the ... More


2. Unity and Fragmentation of the Medieval Law of Contract

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0003
Subject:
Law, Law of Obligations, Legal History

This chapter shows that with the emergence of the action of covenant as a specifically and exclusively contractual remedy, set the stage for the Common law of obligations to align itself with Roman ... More


3. Trespass, Trespass on the Case, and the Medieval Law of Tort

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0004
Subject:
Law, Law of Obligations, Legal History

This chapter begins with a discussion of how the action of trespass as an ordinary feature of the jurisdiction of the royal courts gives some shape to the emergent law of tort. It then shows how, by ... More


6. Tort, Property, and Reputation: The Expansion of the Action on the Case

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0007
Subject:
Law, Law of Obligations, Legal History

This chapter discusses the development of nominate torts to protect property interests and reputation. From its earliest roots, the action of trespass protected property rights. So long as there had ... More


7. The Rise of the Action of Assumpsit

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0008
Subject:
Law, Law of Obligations, Legal History

This chapter shows how, in the 16th century, the action of trespass on the case came to be established as the primary, ordinary remedy for the imposition of liability on informal contracts. The route ... More


8. Trespass, Case, and the Moral Basis of Liability

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0009
Subject:
Law, Law of Obligations, Legal History

This chapter shows how central to the later medieval law of torts was the division between the action of trespass and action on the case. The former lay for invasive interferences to land, goods, or ... More


Beaches versus Oil in Southern California

Paul Sabin

in Crude Politics: The California Oil Market, 1900-1940

Published in print:
2004
Published Online:
March 2012
ISBN:
9780520241985
eISBN:
9780520931145
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520241985.003.0004
Subject:
History, American History: 20th Century

Environmental issues became far more salient along the rapidly developing coast than in the dry, sparsely populated San Joaquin Valley. With the political conflict over state tidelands in Santa ... More


Theft and Violence

John Hudson

in The Oxford History of the Laws of England: 871-1216

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.003.0027
Subject:
Law, Legal History, Constitutional and Administrative Law

This chapter concentrates on the years of Glanvill and the early plea rolls, whilst noting some earlier changes. The main focus is on serious offences, most judged before the eyre. Treatment of such ... More


The protection of property interests

M G Bridge

in Personal Property Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9781854315816
eISBN:
9780191705144
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9781854315816.003.0003
Subject:
Law, Company and Commercial Law

This chapter deals with the protection of property interests in chattels. The common law's treatment of this subject differs from that of civil law in at least two aspects. First, the common law has ... More


The Action of Ejectment and the Recognition of the Copyholder

A. W. B. Simpson

in A History of the Land Law

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255376
eISBN:
9780191681585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255376.003.0007
Subject:
Law, Legal History

By the close of the medieval period the real actions had become very unsatisfactory, and a way of escape from their complexities was found in the action of eiectio fi'rmae, a variety of the writ of ... More


The Emergence of the Action of Assumpsit 1

A.W.B. Simpson

in A History of the Common Law of Contract: The Rise of the Action of Assumpsit

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198255734
eISBN:
9780191681622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255734.003.0005
Subject:
Law, Legal History

This chapter examines the history of the emergence of the action of assumpsit in England. The steady increase in the jurisdiction of the royal courts over actions for trespasses, or torts of wrongs, ... More


Litigation over Real Property

Sir John Baker

in The Oxford History of the Laws of England: Volume VI 1483–1558

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198258179
eISBN:
9780191681806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258179.003.0038
Subject:
Law, Legal History

This chapter examines the litigation over real property in England during the Tudor period. The 15th and the 16th centuries saw a revolution not only in the substance of the land law but also in the ... More


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