Land and Freedom: Law, Property Rights and the British Diaspora,9780754622093

Land and Freedom: Law, Property Rights and the British Diaspora

by ;
ISBN13: 9780754622093
ISBN10: 0754622096
Format: Hardcover
Pub. Date: 2001-10-28
Publisher(s): Routledge
List Price: $165.00

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Summary

Conflicts caused by competing concepts of property are the subject of this book that reshapes study of the relationship between law and society in Australasia and North America. Each chapters analyzes decisions made by governments and courts upon questions of policy and law in terms of their consequences for rights and models of personhood.

Table of Contents

Contributors vii
Table of Cases
ix
Preface xiii
Acknowledgements xvii
PART ONE: ORIGINS
Introduction
3(2)
Husbanding the Earth and Hedging out the Poor
5(18)
Laura Brace
PART TWO: THE EMPIRE OF PROPERTY
Introduction
21(2)
Colonisation, Civilisation and Cultivation: Early Victorians' Theories of Property Rights and Sovereignty
23(16)
Pat Moloney
`Strangers in their own land': Capitalism, Dispossession and the Law `
39(24)
A.R. Buck
PART THREE: THE LAND QUESTION
Introduction
59(4)
`They seem to argue that Custom has made a Higher Law': Formal and Informal Law on the Frontier
63(20)
Peter Karsten
The Recognition of Aboriginal Status and Laws in the Supreme Court of New South Wales under Forbes CJ, 1824-1836
83(20)
Bruce Kercher
Property Rights and the Discourse of Improvement in Nineteenth-Century New South Wales
103(14)
Nancy E. Wright
A.R. Buck
Raupatu: The Punitive Confiscation of Maori Land in the 1860s
117(18)
Bryan Gilling
The Canadian Doukhobors and the Land Question: Religious Communalists in a Fee-Simple World
135(20)
John McLaren
PART FOUR: CHALLENGES
Introduction
153(2)
Aboriginal Title and the State's Fiduciary Obligations
155(22)
Stuart Rush
Freedom, Serfdom and Internet Governance: Private Domain or Cybercommons?
177(20)
Paul Havemann
Index 197

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