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The Land is the Source of the Law

The Land is the Source of the Law
Author: C.F. Black
Publisher: Routledge
Total Pages: 368
Release: 2010-10-04
Genre: Law
ISBN: 1136919732

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The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.


The Land is the Source of the Law

The Land is the Source of the Law
Author: C.F. Black
Publisher: Routledge
Total Pages: 224
Release: 2010-10-04
Genre: Law
ISBN: 1136919740

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The Land is the Source of Law brings an inter-jurisdictional dimension to the field of indigenous jurisprudence: comparing Indigenous legal regimes in New Zealand, the USA and Australia, it offers a ‘dialogical encounter with an Indigenous jurisprudence’ in which individuals are characterised by their rights and responsibilities into the Land. Though a relatively "new" field, indigenous jurisprudence is the product of the oldest continuous legal system in the world. Utilising a range of texts – films, novels, poetry, as well as "law stories" CF Black blends legality and narrative in order to redefine jurisprudentia in indigenous terms. This re-definition gives shape to the jurisprudential framework of the book: a shape that is not just abstract, but physical and metaphysical; a shape that is circular and concentric at the same time. The outer circle is the cosmology, so that the human never forgets that they are inside a universe – a universe that has a law. This law is found in the second circle which, whilst resembling the ancient Greek law of physis is a law based on relationship. This is a relationship that orders the placing of the individual in the innermost circle, and which structures their rights and responsibilities into the land. The jurisprudential texts which inform the theoretical framework of this book bring to our attention the urgent message that the Djang (primordial energy) is out of balance, and that the rebalancing of that Djang is up to the individual through their lawful behaviour, a behaviour which patterns them back into land. Thus, The Land is the Source of the Law concludes not only with a diagnosis of the cause of climate change, but a prescription which offers an alternative legal approach to global health.


The Nature and Sources of the Law

The Nature and Sources of the Law
Author: John Chipman Gray
Publisher:
Total Pages: 360
Release: 1909
Genre: Jurisprudence
ISBN:

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Open Source Property

Open Source Property
Author: Stephen Clowney
Publisher:
Total Pages: 570
Release: 2019-01-10
Genre:
ISBN: 9781792922053

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This is a print edition of Professor Jeremy Sheff's 2019 build of Open Source Property, a free online casebook for the first-year Property Law course at American law schools. A free digital edition of this text is available for download from www.opensourceproperty.org. Open Source Property is copyright 2015-16 by Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet. It may be reused under the terms of the Creative Commons Attribution NonCommercial 4.0 International license, https://creativecommons.org/licenses/by-nc/4.0/.


Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land
Author: Ulla Secher
Publisher: Bloomsbury Publishing
Total Pages: 667
Release: 2014-12-01
Genre: Law
ISBN: 1782253777

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Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).


Indigenous Peoples' Land Rights Under International Law

Indigenous Peoples' Land Rights Under International Law
Author: Jérémie Gilbert
Publisher: BRILL
Total Pages: 352
Release: 2006
Genre: Law
ISBN: 1571053697

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Discusses whether international human rights law can successfully accommodate indigenous people's land claims.


The Law of Property

The Law of Property
Author: William B. Stoebuck
Publisher: West Academic Publishing
Total Pages: 1156
Release: 2000
Genre: Law
ISBN:

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Reliable source on property laws surveys estates in land-;present, future, and concurrent, comparable interests in personalty, landlord and tenant law, and rights against neighbors and other third persons. Also examines easements and profits, running covenants, governmental controls on land use, land contracts, conveyances, titles, and recording systems. Contains footnote citations to leading court decisions for easy location of primary authority.


Commonwealth Caribbean Land Law

Commonwealth Caribbean Land Law
Author: Sampson Owusu
Publisher: Taylor & Francis
Total Pages: 824
Release: 2021-01-31
Genre: Law
ISBN: 1000116441

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The first textbook to address land law as it relates to the Commonwealth Caribbean, it encompasses all areas covered in an undergraduate course on the law of real property in the Caribbean. Primary and secondary source material on the law of property in the whole of the Commonwealth Caribbean is made easily and readily accessible to law students and legal practitioners. Statutory provisions from all States are discussed in relation to each topic and the similarities and differences are highlighted. Extensive discussion and analysis of the decisions of the courts in the region are also included alongside an in-depth analysis and critical discussion of English case law that is relevant to the Caribbean. The examination of whether or not English case law should be followed in the region is relevant and interesting to anyone studying or practising law in other Commonwealth jurisdictions. Essential reading for undergraduate law students in the Caribbean, this text will also prove useful to those studying for the certificate of proficiency in the practice of law in the Commonwealth Caribbean, while the footnote references to statutory provisions are an invaluable aid to any researcher of Caribbean land law.


Public Land Law Review Commission

Public Land Law Review Commission
Author: United States. Bureau of Land Management
Publisher:
Total Pages: 84
Release: 1963
Genre: Land tenure
ISBN:

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