Legalism : property and ownership / edited by Georgy Kantor, Tom Lambert, and Hannah Skoda.
2017
K726 .L44 2017 (Map It)
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Details
Title
Legalism : property and ownership / edited by Georgy Kantor, Tom Lambert, and Hannah Skoda.
Published
Oxford, United Kingdom : Oxford University Press, 2017.
Call Number
K726 .L44 2017
Edition
First edition.
ISBN
9780198813415 (hbk.)
0198813414 (hbk.)
0198813414 (hbk.)
Description
xii, 300 pages : maps ; 24 cm.
System Control No.
(OCoLC)990547735
Summary
"In this fourth volume of the Legalism series, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated?"--Jacket flap.
Note
"The book is in many ways the product of wonderfully stimulating weekly discussions and papers at the Oxford Legalism seminar, now in its ninth year ... In January 2016, a workshop on the specific theme of 'property and ownership' was organized"--Preface and acknowledgements.
"In this fourth volume of the Legalism series, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated?"--Jacket flap.
"In this fourth volume of the Legalism series, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through legalism as a way of thinking that appeals to rules and to generalizing concepts as a way of understanding, responding to, and managing the world around one. An Aristotelian perspective suggests that ownership is the natural state of things and a prerequisite of a true sense of self. An alternative perspective from legal theory puts law at the heart of the origins of property. However, both these points of view are problematic in a wider context, the latter because it rests heavily on Roman law. Anthropological and historical studies enable us to interrogate these assumptions. The articles here, ranging from Roman provinces to modern-day piracy in Somalia, address questions such as: How are legal property regimes intertwined with economic, moral-ethical, and political prerogatives? How far do the assumptions of the western philosophical tradition explain property and ownership in other societies? Is the 'bundle of rights' a useful way to think about property? How does legalism negotiate property relationships and interests between communities and individuals? How does the legalism of property respond to the temporalities and materialities of the objects owned? How are property regimes managed by states, and what kinds of conflicts are thus generated?"--Jacket flap.
Bibliography, etc. Note
Includes bibliographical references (pages 261-294) and index.
Series
Record Appears in
Portion of Title
Property and ownership
Gift
Purchased from the income of the Powell Fund
Added Author
Added Corporate Author
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Powell Fund
Table of Contents
List of Figures
ix
List of Contributors
xi
Introduction: Property and Ownership: An Overview / Hannah Skoda
1
1.
Cows and the shari'ah in the Abeche Customary Court (Eastern Chad) / Judith Scheele
29
2.
Property in Land in Roman Provinces / Georgy Kantor
55
3.
Property and Possession in Medieval Celtic Societies / T.M. Charles-Edwards
75
4.
Afterlife of Property: Affect, Time, Value / Matthew S. Erie
89
5.
Jurisdiction as Property in England, 900--1100 / Tom Lambert
115
6.
`Everything Belongs to God': Sayyid Qutb's Theory of Property and Social Justice / Walter Rech
149
7.
Sea of Profit: Making Property in the Western Indian Ocean / Jatin Dua
175
8.
Fish as Property on the Small Aral Sea, Kazakhstan / William Wheeler
203
9.
People as Property in Medieval Dubrovnik / Hannah Skoda
235
References Cited
261
Index
295