The Idea Of Home In Law

Author : Dr Lorna Fox O'Mahony
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497356
Total Pages : 341 pages
Book Rating : 4.56/5 ( download)

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Download or read book The Idea of Home in Law written by Dr Lorna Fox O'Mahony and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.

Author : James E. Penner
Publisher : Oxford University Press
ISBN 13 : 9780198260295
Total Pages : 262 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Idea of Property in Law written by James E. Penner and published by Oxford University Press. This book was released on 1997 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.

Author : Lorna Fox O'Mahony
Publisher : Routledge
ISBN 13 : 1317028090
Total Pages : 248 pages
Book Rating : 4.93/5 ( download)

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Download or read book The Idea of Home in Law written by Lorna Fox O'Mahony and published by Routledge. This book was released on 2016-03-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.

Author : Lorna Fox O'Mahony
Publisher : Routledge
ISBN 13 : 1317028082
Total Pages : 223 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Idea of Home in Law written by Lorna Fox O'Mahony and published by Routledge. This book was released on 2016-03-03 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Idea of Home in Law: Displacement and Dispossession explores an important set of legal and policy issues surrounding the concepts of home and homelessness, taking a growing area of legal scholarship into the new arena of human rights and international law. The collection considers the ideas concerning home - both in the sense of the dwelling place as a special type of property, and territorial claims to homeland - which underpin many contemporary legal problems, by examining a range of contexts where people are displaced or dispossessed from their homes. The essays focusing on dispossession consider themes ranging from mortgage and rent arrears in the UK to responses to the foreclosure crisis in the USA, and from eviction for the purposes of economic development in South Africa to the exclusion of asylum seekers from the UK's social housing and welfare provision, and within the framework of the European Convention on Human Rights. The displacement theme, meanwhile, examines transnational 'home' issues from the experiences of exiles and refugees in areas of conflict to the impact of the broader context of economic, social and cultural rights on attempts to protect housing and home through international law. At the heart of each essay the contributors, experts from across the fields of law, policy, and housing rights, examine the circumstances in which displacement and dispossession take place, and reconsider how law and policy respond to such circumstances with a particular focus on the impact of loss of home for the human person. At a time of particular and increasing concern about security of tenure and the role of law and policy in protecting people who are vulnerable to forced eviction, The Idea of Home in Law presents a bold opportunity to raise questions about the 'rights' and norms associated with housing and home, and to generate new insights for scholarship and for national and international policy debates concerning displacement and dispossession.

Author : Laura S. Underkuffler
Publisher : Oxford University Press, USA
ISBN 13 : 9780199254187
Total Pages : 216 pages
Book Rating : 4.84/5 ( download)

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Download or read book The Idea of Property written by Laura S. Underkuffler and published by Oxford University Press, USA. This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.

Author : Shirley Robin Letwin
Publisher : Cambridge University Press
ISBN 13 : 1139448498
Total Pages : 364 pages
Book Rating : 4.99/5 ( download)

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Download or read book On the History of the Idea of Law written by Shirley Robin Letwin and published by Cambridge University Press. This book was released on 2005-11-10 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the History of the Idea of Law is the first book ever to trace the development of the philosophical theory of law from its first appearance in Plato's writings to today. Professor Letwin finds important and positive insights and tensions in the theories of Plato, Aristotle, Augustine, and Hobbes. She finds confusions and serious errors introduced by Cicero, Aquinas, Bentham, and Marx. She harnesses the insights of H. L. A. Hart and especially Michael Oakeshott to mount a devastating attack on the late twentieth-century theories of Ronald Dworkin, the Critical Legal Studies movement, and feminist jurisprudence. In all of this, Professor Letwin finds the rule of law to be the key to modern liberty and the standard of justice. This is the final work of the distinguished historian and theorist Shirley Robin Letwin, a major figure in the revival of Conservative thought and doctrine from 1960 onwards, who died in 1993.

Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.88/5 ( download)

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Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Lorna Fox O'Mahony
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312918
Total Pages : 568 pages
Book Rating : 4.14/5 ( download)

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Download or read book Conceptualising Home written by Lorna Fox O'Mahony and published by Bloomsbury Publishing. This book was released on 2006-12-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.

Author : Ernest J Weinrib
Publisher : Oxford University Press
ISBN 13 : 0199665818
Total Pages : 261 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Idea of Private Law written by Ernest J Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Revised edition with new preface first published 2012"--Title page verso.

Author : Dennis Lloyd Baron Lloyd of Hampstead
Publisher :
ISBN 13 :
Total Pages : 319 pages
Book Rating : 4.71/5 ( download)

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Download or read book The Idea of Law written by Dennis Lloyd Baron Lloyd of Hampstead and published by . This book was released on 1966 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: