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The Great Property Fallacy

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Release : 2018-02
Genre : Business & Economics
Kind : eBook
Book Rating : 837/5 ( reviews)

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Book Synopsis The Great Property Fallacy by : Frank K. Upham

Download or read book The Great Property Fallacy written by Frank K. Upham. This book was released on 2018-02. Available in PDF, EPUB and Kindle. Book excerpt: Explains the role of property law in growth and development over five centuries and across several different countries and cultures.

The Great Property Fallacy

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Release : 2018-01-25
Genre : Law
Kind : eBook
Book Rating : 279/5 ( reviews)

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Book Synopsis The Great Property Fallacy by : Frank K. Upham

Download or read book The Great Property Fallacy written by Frank K. Upham. This book was released on 2018-01-25. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.

Research Handbook on Property, Law and Theory

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Release : 2024-08-06
Genre : Law
Kind : eBook
Book Rating : 064/5 ( reviews)

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Book Synopsis Research Handbook on Property, Law and Theory by : Chris Bevan

Download or read book Research Handbook on Property, Law and Theory written by Chris Bevan. This book was released on 2024-08-06. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook interrogates and offers historical as well as contemporary understandings of property, property law and property theory. Chapters locate the role of property in key theoretical debates and examine propertyÕs place in significant social contexts, covering topics such as Indigenous property, artificial intelligence, cryptoassets, property and the art world, environmentalism and climate change.

The Oxford Handbook of Transnational Law

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Release : 2021-04-30
Genre : Law
Kind : eBook
Book Rating : 435/5 ( reviews)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen. This book was released on 2021-04-30. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.

Investment Treaties and the Legal Imagination

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Release : 2021-01-14
Genre : Law
Kind : eBook
Book Rating : 743/5 ( reviews)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone. This book was released on 2021-01-14. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

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