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The article focuses on the Legacy of the Osage Allotment Act of 1906, detailing the history of land cessions and treaties impacting the Osage Nation from 1808 to 1906. Topics discussed include treaties and land cessions, the Indian Civilization Act, and the implementation of the Allotment Act of 1906.

The article focuses on efforts to allot the Osage Nation's land in 1893, 1894, and 1906, highlighting the challenges and negotiations surrounding the Dawes Act. Topics discussed include the Osages' rejection of allotment, the Dawes Act's implications, and proposals from both full-blood and half-blood Osages.

Recent scholarship examining enslaved people's marriages in the Anglophone Caribbean highlights the need to consider the Church of England's influence over conflicts with the plantocracy. This article examines responses to a proposed marriage between a free man of colour, William Harris, and an enslaved woman, Betty Cudjoe, in Montserrat in 1828. Occurring during the period of 'amelioration', this article considers the changing perspectives of ecclesiastical authorities, missionary clergymen, the plantocracy, free people of colour, and enslaved people. It draws upon under under-consulted sources of 'The Conversion Society' held at Lambeth Palace Library alongside ecclesiastical correspondence to highlight the gendered property concerns of enslavers that were exacerbated in mixed-status marriages. This article contends that during the period of amelioration, Anglican marriages became an attractive option to free and enslaved people in comparison to nonconformist unions. While this came into conflict with the property rights of enslavers, ultimately a specific definition of marriage was acceptable and enforced by the Church of England, pursued in this case by Rev. Benjamin Luckock. This enforcement came from the authority of the newly established colonial bishoprics, who held substantial influence over sacramental affairs. [ABSTRACT FROM AUTHOR]

To alleviate the contradiction between supply and demand of urban and rural construction land and improve the utilization efficiency of rural homesteads, the state has issued policies to guide villagers withdrawing their homestead with subsidies or compensation. Previous studies have found that differentiation is one critical factor in villagers' withdrawal from homesteads, but how differentiation affects the villagers' withdrawal is not well interpreted. To explore and examine the homestead withdrawal mechanism, this paper identified and condensed the influence factors of villagers' willingness to withdraw from homesteads from the perspective of differentiation, taking Kuikeng Village in Puning City, China, as an example. The results indicated that: (1) villagers' differentiation has a significant impact on their willingness to withdraw from homesteads, and the higher the income differentiation level, the lower the willingness to withdraw from homesteads; (2) the health status of villagers, whether they are willing to change their identity, the confirmation of homestead rights, the holding period of homestead property rights, and the understanding of homestead exit policy are positively correlated with their willingness to withdraw from homesteads; and (3) villagers' psychosocial characteristics, villagers' differentiation, and government policy characteristics have a significant impact on homestead withdrawal. It is important to guide villagers to withdraw from homesteads and realize rational land use. [ABSTRACT FROM AUTHOR]

This article explores the relationship between heritage, the law, and racial capitalism in Brazil, focusing on the land rights of Afro-descendants known as quilombolas. The Brazilian Supreme Court upheld the constitutionality of legislation granting land rights to quilombolas in 2018, as a form of reparation for historical oppression rooted in slavery. The court's decision leveraged heritage as a means of protecting minority property rights, but also reinforced the idea of a unified national identity. While the court's decision had limitations, it demonstrated the potential for heritage to support rights claims and challenge racial capitalism. [Extracted from the article]

This Article argues that American law treats dead bodies as quasipersons: entities with a moral status between things and persons. The concept of quasi-personhood builds on dead bodies' familiar classification as quasiproperty. Just as quasi-property implicates only a subset of the rights usually associated with property, quasi-personhood implicates only a subset of the moral interests often associated with moral personhood. Drawing on a broad historical analysis of state, territory, and federal law, I show that U.S. law conceives of dead bodies as holders of dignity interests, which it protects in a variety of ways. The law, for example, protects dead bodies against denigration to the status of property, waste, or nonhuman animals and ensures that dead bodies be treated as individuals with names. The law also protects dead bodies against visual, physical, and sexual abuse. I analyze how these dignity protections operate across disparate areas of law, including criminal statutes, tort law, licensing regimes, and zoning ordinances. Using unclaimed bodies as a case study, I then argue that my account of dead bodies as quasi-persons casts a critical light on the mistreatment that some dead bodies--especially those of Black Americans, Native Americans, and the poor--regularly suffer. The account also illuminates the law's implicit views of personhood, property, human nature, and mortality. And it points the way for future research on the law's treatment of other arguably liminal entities, such as animals, fetuses, plants, and AI models. [ABSTRACT FROM AUTHOR]

The article focuses on Justice Sandra Day O'Connor's jurisprudential approach, particularly in the context of cases dealing with constitutional limits on punitive damages. It examines her conservative stance regarding property rights, her resistance to populist and originalist conservative visions, her support for a case-by-case approach to determining punitive damages, her commitment to constraining both federal and state power and her role in building centrist coalitions on the Supreme Court.

Hegemonic responses to housing crises overwhelmingly rely on liberal economic logics, which preclude understandings of housing inequalities as produced by intersecting structures of racial capitalism and settler colonialism. This creates housing futures that replicate housing injustice, through the reproduction of housing crises that uphold racial capitalism, the settler state, and white property ownership. To address this gap, I develop a radical care framework for analysing responses to housing crises as an approach that emphasises relationality, challenges the commodification of housing, and renders different housing futures possible. Radical care is a collective response to immediate crises and precarious futures. I apply this framework to rent control debates in Seattle, USA, which highlight the complex intersections between care and housing politics in responses to housing crises. I argue that analysing housing politics through a radical care framework helps us to account for more expansive sociopolitical imaginaries and actions that point to housing futures beyond the limits of what is deemed possible in a colonial, racial capitalist housing system. [ABSTRACT FROM AUTHOR]

This article examines a dispute between a French missionary hospital and Ottoman state officials over water and cultivated fields in Şişli, a periphery of Istanbul. It uses micro-history to illuminate the spatial and material implications of extraterritoriality and to reveal the role this legal privilege played in the urbanization of Ottoman cities. While European residents within Ottoman territory conceived of extraterritoriality as allowing geographic enclaves, Ottoman authorities resisted the legal fragmentation of the city and considered that all natural resources remained under the sultan's sovereignty. These diverging understandings of extraterritoriality, in the context of asymmetric relations between European powers and the Ottoman empire, framed an urban dispute that resulted in sanitation reforms, the construction of walled enclosures, and negotiations to clarify the property rights of foreigners. In the process, Şişli became incorporated as an urbanized neighborhood of Istanbul. [ABSTRACT FROM AUTHOR]

This study examines how homeownership is associated with fertility intentions among migrant population in urban China. Using data from the 2017 China Migrants Dynamic Survey, after controlling for a wide range of household demographical and socioeconomic characteristics and city fixed effects, we find that homeowners are on average 1.12 percentage points more likely to desire future children than renters. The estimated homeownership effect has on average a 7.8% increase in the desire for future children. This result is robust to a series of different model specifications. Moreover, we find that the homeownership effect on fertility intentions mainly occurs in households without children. Homeowners having full property ownership have a higher desire for future children than renters. On the contrary, those having joint ownership of property do not differ much from renters in terms of the desire for future children. [ABSTRACT FROM AUTHOR]

This paper sheds new light on informal-formal renting through the integration of paying rent to families within a 'modes' of renting typology framework. While private rental housing has long comprised a mix of informal and formal practices dualistic conceptions of informality and formality are being challenged as housing research explores emergent family and sharing economies alongside financialized and rentier economies. Well-used concepts of property rights and tenure or de jure occupancy are expanded to incorporate more nuanced measures of de facto occupancy, particularly relating to the family economy in which we argue represents a form of diffuse informality not well captured in national data collections based on tenure alone. Applying this conceptualisation within an Australian survey of more than 2,870 individual renters within the informal-formal market, we find that informal renting within families is pervasive. Our findings are suggestive of structural changes where a sizable cohort of discouraged and tactical renters are locked out of or bypassing mainstream rental markets. [ABSTRACT FROM AUTHOR]

For philosophers, rights against the world are equivalent to rights in rem. Contrary to what Hart thought, however, this does not make them equivalent to general rights. Rights in rem contrast with rights in personam , whereas general rights contrast with special rights. As I explain, rights against the world can be either general rights or special rights. My explanation follows Waldron's strategy of exhibiting property rights as justified by Locke's theory of property as a case of rights in rem that are also special rights. Moreover, despite what ' in rem ' means in Latin, rights against the world include more than property rights. For example, they also include moral human rights. With moral human rights and property rights alike, the correlative duties are borne by 'everyone', understood in a dynamic sense I undertake to specify. [ABSTRACT FROM AUTHOR]

Much ink has been spilled on the Roberts Court's approach to stare decisis and precedent. Such commentary is hardly surprising. In just the last five years, the Court has overruled extant precedents on issues that range from abortion and jury convictions to property rights and public unions. It has also substantially narrowed and limited existing precedents, curbing the reach of earlier decisions in ways that disrupt and distort the jurisprudential landscape. Some view the Court's uneven approach to precedent as ideologically determined. As these critics maintain, the Court adheres to precedents that are consistent with the views of its six-member conservative supermajority while jettisoning or narrowing those precedents that do not accord with those ideological priors. This Essay takes a different tack. Specifically, it argues for reading the Roberts Court's approach to precedent and stare decisis through the lens of remedy. That is, the Court's treatment of precedent might be understood, whether in whole or in part, as animated by a desire to rectify an earlier error or injustice. To be sure, this impulse is not merely corrective--the Court's approach to stare decisis goes beyond correcting what it views as jurisprudential errors. Instead, the Court's approach seems marked by an interest in identifying and righting a past wrong. Recent cases like Dobbs v. Jackson Women's Health Organization, New York State Rifle & Pistol Association, Inc. v. Bruen, and Ramos v. Louisiana accord with this interpretive frame. In these cases, the Court departed from--or overruled--earlier decisions in part to remedy past racial injustices. Likewise, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Court dismissed the extant precedent upholding the limited use of raceconscious admissions policies on the view that "[e]liminating racial discrimination means eliminating all of it.". Viewing the Roberts Court's approach to stare decisis through a remedial lens is clarifying. It helps us to understand--and better anticipate--the Court's treatment of earlier decisions. Understanding the Court's approach to stare decisis as a form of remedy renders more legible the Court's conception of legal injuries--and, in particular, racialized injuries. As this Essay explains, the Roberts Court's remedial approach to stare decisis is often deployed to correct what a majority of the Court views as a racial injustice. In some cases, like Ramos v. Louisiana, this remedial impulse focuses on correcting historic injustices wrought by white supremacy and historic acts of racism. But critically, a remedial lens may also render visible a reparative logic that unites a series of recent cases involving religious freedom, gun rights, and affirmative action. Although these cases focus on distinct doctrinal questions, they share a unifying impulse: the Court's apparent desire to remedy injuries done to Christian conservatives, workingclass whites, and, more generally, white people. In this regard, viewing the Court's decisions through a remedial lens may provide a more coherent account--across legal doctrines--of the Roberts Court's understanding of discrimination, the injuries it produces, and its apparent victims. [ABSTRACT FROM AUTHOR]

Today, Kanhgág people live mainly in small Terras Indígenas (Indigenous Lands) in southern Brazil. Those lands are the outcome of a history of equivocal alliances and conflicts between indigenous peoples and European colonisers. Presenting aspects of these relations in both historical and contemporary settings, this article traces continuities and transformations in indigenous politics and cosmology, focusing on the struggles over territory and resources now playing out around soy cultivation. Avoiding simplistic presentations of colonial impositions, it draws on kanhgág people's dualist cosmology, factional sociality and the fecundity of alterity to consider those territorial struggles within indigenous autonomy and alliances. [ABSTRACT FROM AUTHOR]

The production of personal protective equipment (PPE) has increased dramatically in recent years, not only because of the pandemic, but also because of stricter legislation in the field of Employee Protection. The increasing use of PPE, including disposable surgical masks (DSMs), is putting additional pressure on waste collectors. For this reason, it is necessary to find high-quality solutions for this type of waste. Mechanical recycling is still the most common type of recycling, but the recyclates are often classified as low-grade materials. For this reason, a detailed analysis of the recyclates is necessary. These data will help us to improve the properties and find the right end application that will increase the value of the materials. This work represents an extended analysis of the recyclates obtained from DSMs, manufactured from different polymers. Using surface and morphology tests, we have gained insights into the distribution of different polymers in polymer blends and their effects on mechanical and surface properties. It was found that the addition of ear loop material to the PP melt makes the material tougher. In the polymer blends obtained, PP and PA 6 form the surface (affects surface properties), while PU and PET are distributed mainly inside the injection-molded samples. [ABSTRACT FROM AUTHOR]

This study examines the gender-differentiated effects of improved land property rights on labor reallocation in China, using quasi-exogenous variation in the timing of the implementation of the Rural Land Contracting Law, which allows farmers to lease out their land. We find that while men and women tend to shift labor from the agricultural into non-agricultural sector following the land reform, women lag behind men. Our findings reveal a noticeable gender gap in the growth of off-farm labor participation (+16.69 % among men; + 1.95 % among women) and hours worked in off-farm sectors. The gender-differentiated effects on off-farm employment are likely caused by disadvantaged labor market conditions for women. These findings underscore the importance of improved land property rights in fostering rural structural transformation. Moreover, our results suggest that implementing land reforms without accompanying changes to address the root causes of gendered differences in off-farm employment could limit their full potential. This study has significant policy implications for the rural transformation of developing countries. [ABSTRACT FROM AUTHOR]

Scholarship on Shelley's economic thought has long acknowledged his embrace of the labour theory of value. This essay offers a more probing account of the poet's investigations into the origins of economic value. Focusing on Queen Mab (1813), it situates Shelley's value theory in relation to competing theories and examines his engagement with his cited sources, including works by Jean-Jacques Rousseau and William Godwin. It argues that Shelley moves beyond this work to encompass unacknowledged sources, including John Locke's theory of property rights and Adam Smith's discussion of value in the Wealth of Nations, enabling him to formulate his own version of the pure labour theory of value. The essay thus provides a richer examination of the philosophical foundations of Shelley's early economic thought, connecting these ideas to aspects of his ethics and epistemology. [ABSTRACT FROM AUTHOR]

Pakistan's mountainous north borders China. Deepening bilateral ties, together with increasing investments from within Pakistan, have amplified local anxiety over loss of control over resources. A complicated history left the area with multiple land tenure systems. Much of this region, today known as Gilgit-Baltistan, is disputed with India. Consequently, it has a constitutionally liminal status and its people do not enjoy equal citizenship rights. With the construction of the China–Pakistan Economic Corridor, a major part of the global Belt and Road Initiative, Chinese influence has been entangled in local histories and political economies. [ABSTRACT FROM AUTHOR]

The poaching of marine resources has been defined as the conscious breaking of fishery regulations, a situation that occurs at severe levels and high frequencies in many socio-ecological contexts around the world. A classification of poachers is fundamental to defining the actors and the scale of poaching. However, proper classification of poachers has yet to be designated, hindering the development of management approaches that seek to recognize and reduce poaching. This paper provides a theoretical typology of four general types of poachers that can be applied in different contexts of fisheries resource appropriation. This classification may help outline better compliance and enforcement strategies, including the active involvement of fisheries users and the consequent improvement of the legitimacy of fishing regulations. Additionally, we recommend measures to assist in the fight against poaching associated with each of the four types of poachers proposed. [ABSTRACT FROM AUTHOR]

This article gives an explanation of how recent results on ambiguity logics are relevant to the linguistic and philosophical theory of ambiguity. To this aim, some fundamental definitions and results are explained. We formulate and provide evidence for three main hypotheses: Firstly, ambiguity is not a vague notion. Secondly, in (explicit) reasoning with ambiguity, we always have to consider the parameter ±trust. Thirdly, ambiguous propositions exist, but they cannot have the same rights and properties as unambiguous propositions; rather they should be considered "second class". [ABSTRACT FROM AUTHOR]

Community-based tourism is key to rural sustainable development. However, information remains inadequate on how natural resource management institutions restructure community social capital and property rights regimes while developing community cooperation and tourism participation within evolving rural socio-economic systems. This study investigates two rural villages, one under a household-based rangeland transfer system and the other under a community cooperative institution, to quantitatively assess how each mediates rights-based, structure-based, and network-based access mechanisms influencing community cooperation and tourism outcomes. The community cooperative institution facilitated higher rights-based and network-based access to tourism resources and markets for all community members, improving tourism participation and the equitable distribution of tourism benefits. This is because it uses hybrid and nested property rights provisions and social capital operating at different scales to protect individual rights and the balance of power. These practices restore social reciprocity, community redistribution, and market networks in building community cooperation, which better responds to the changing features of the rural socio-economic system. Therefore, social capital and property rights regimes are components of a nested community institution used to restructure social networks, rights, and entitlements. By these means, rural communities can devise different cooperative scales to govern their access to tourism resources and markets. [ABSTRACT FROM AUTHOR]

The article focuses on honoring the economist Yoram Barzel, highlighting his significant impact as a teacher, scholar, and mentor, particularly in the field of property rights and transaction-cost economics, which revitalized price theory within political economy. Barzel's seminal contributions, including his development of the "University of Washington approach" to economic theorizing, continue to influence generations of students and scholars in the field of new institutional economics.

The article describes the court case Alternatives v. Department of Human Services, wherein the Commonwealth Court of Pennsylvania considered government transparency and access to third-party records via the Right to Know Law (RTKL). It reviews RTKL provisions and statues and analyzes the dispute over access to invoices, receipts, expenditure documentation and agreements between Real Alternatives and its predecessor groups, and infringement of due process, privacy and property protection rights.

Foreign Direct Investment is theoretically expected to facilitate the transfer of knowledge from the home country to the host country, however, the empirical evidence on the subject is mixed. Some studies have shown that, on one hand, as competition grows, the incentive to innovate reduces with the decrease in monopoly rents (Schumpeterian effect). On the other hand, market competition can also boost investments in R&D activities incentivized by incremental profits (Escape-Competition effect). Therefore, this study aims to explore which of these two effects dominates in the selected group of countries. This study also identifies the moderators of the relationship between FDI stock and domestic innovation. It examines the role of absorptive capacity, quality of regulations, and property rights protection in the innovative activities of the host countries. Generalized Method of Moments is used to estimate the parameters of the multivariate regression equation. The analysis is based on panel data consisting of 49 countries over 14 years. The results show that FDI has a negative relationship with domestic innovation, indicating the presence of the Schumpeterian effect. The extensions of the main models show that FDI positively affects domestic innovation in countries with higher absorptive capacity, the superior quality of regulation, and stronger protection of property rights. This study shows that the positive relationship between FDI and domestic innovation is conditional on the ability to absorb knowledge and quality of governance in the recipient countries. [ABSTRACT FROM AUTHOR]

In the midst of the twentieth century, a South African musician and composer named Solomon Linda wrote "Mbube." "Mbube" never prospered to the heights reached by its foreign progeny, "The Lion Sleeps Tonight." Disney accrued millions of dollars capitalizing on Linda's magnum opus, while Linda died a pauper. In the aftermath, the postcolonial Republic of South Africa remains scarred and reminiscent of the abject atrocities of Western encroachment. Thus, when the American-incubated doctrine of fair use, a provision that allows for the usage of copyrighted works for an infinite number of purposes, introduced itself at the doors of the National Assembly of Parliament, it was to no one's surprise that the South African public strongly resisted the doctrine which they feared would expose their works to Western exploitation. As a result, President Ramaphosa reserved the fair use doctrine, and referred the Bill back to parliament for breach of international law and deprivation of the constitutional right of property. This Article examines these two postulations, inter alia, and confutes the omnipresent misconceptions of fair use that have been promulgated throughout South Africa by several competing interest groups. It begins by delving into the history of copyrights in South Africa all the way to the introduction of the fair use doctrine in 2015. The Article then discusses the context revolving around the introduction of fair use, which portrays the numerous perceptions projected by the South African copyright industry, the academic sector, tech companies and conglomerates, the print disabled, and US and European delegates. Those that impugn the doctrine conjecture that it is in breach of the Berne Convention's Three-Step Test, deprives authors of their constitutional right to property, is incongruous with other specific copyright exceptions, and is incoherent and uncertain. This Article proves that these postulations are baseless and stem exogenously from competing copyright industries and alliances to generate a dubiety visà-vis its legal status. This dubiety is devised to repel the proliferation of the fair use doctrine globally, while it remains intact and unimpinged domestically. This Article concludes that South Africa should base its legislative affairs solely on its own interests, impervious to the cynical perspectives of exogenous nations and alliances that could care less about its affluence or the welfare of its people. [ABSTRACT FROM AUTHOR]

The “private” dimension of social life is problematic, posing conceptual, political, and ecological challenges. Some of these problems arise from the very nature of private property as it is enshrined in social life, which demands special privileges be granted to “private” matters on the grounds that these are private, because the predominant representation of the involved rights is that they reflect claims of the holders, rather than legitimate claims of society as a whole in allocating responsibilities, benefits, and duties. The claim to the rationality of allocations of property rights, this article argues, must be questioned in light of the kind of commonality that is revealed in a striking manner by environmental issues (although it is not restricted to environmental matters). This questioning makes sense in relation to an analysis of social interactions, beyond the problematic opposition between the private sphere and public life. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the editor discusses articles in the issue on topics including conflict between private property and environmental preservation, articulation between property rights, naturalist ontology, environmental challenges, and other related topics.

Forests are increasingly recognized for their beneficial roles in human health. However, there is a debate on how forest health benefits can be accessed equitably, particularly by vulnerable forest-dependent rural communities in low- and middle-income countries (LMICs). Access to forest health benefits is determined by a range of interconnected means, including property rights, as well as natural, physical, human, social, and financial capital. This paper presents a literature review of the roles of means of access in shaping human health effects of forests. Evidence suggests that variations in these means of access are associated with varying ability to access forest health benefits. However, existing evidence is thin, mixed, and weak. A conceptual model is then developed to provide a framework for understanding how means of access moderate the effects of forests on health in rural LMICs to guide the generation of strong evidence. The multiple interconnected factors moderating the health effects of forests at the core of the conceptual framework promote the multisectoral and transdisciplinary approaches needed to enhance equitable access to forest health benefits. [ABSTRACT FROM AUTHOR]

Many Syrian refugees are being forcibly repatriated under the guise of the war's end, while other refugees are returning to Syria voluntarily. Drawing on an interview study with displaced Syrians, and an analysis of conflict-era policy and legal changes, I show how the Syrian government's repatriation regime has been constructed outside of international norms and practices. An absentee must apply to return through a settlement process in which the state determines who is a 'loyal returnee' and thus permitted to return. Returnees must construct a genealogy of loyalty that attributes responsibility for their displacement towards several of the Syrian government's enemies. Wartime Housing, Land, and Property (HLP) laws have created a surrogate legal category for the displaced as absentee subjects who are targeted for punishment through HLP seizures. As Syria's repatriation regime is delinked from restitution, returnees are forced to navigate HLP laws to regain ownership of assets and property. [ABSTRACT FROM AUTHOR]

Since the Indonesian government adopted the Agrarian Law 1960, which emphasises that any lands or territories without land title or land certificate are claimed belong to the state property, Indigenous peoples argue that the right over their land is based on a common recognition, instead of an official certification. This article aims to analyse the applicability of international cultural rights' norms in protecting Indigenous rights to land in Indonesia. Several international instruments, such as the UNESCO Conventions, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, have been urged that any government shall respect and protect cultural rights for everyone, including Indigenous peoples. Therefore, protecting Indigenous intangible and tangible cultural heritage would not be possible without protecting their ancestral lands, territories and resources. In other words, securing the right to traditional lands is a prerequisite for Indigenous communities' cultural survival in Indonesia. [ABSTRACT FROM AUTHOR]

Objective: This article explores the conditions under which social trust enhances institutional performance, specifically the protection of property rights in Western versus East Asian countries over time. Methods: We estimate fixed‐effects panel regression models to test how the relationship between trust and property rights protection is moderated by the quality of political institutions, including state capacity, the legal system, and democracy. Results: We find that the relationship between social trust and property rights protection is contingent on the quality of political institutions across regions. The quality of the legal system exerts the most pronounced and contrasting effect on the link between social trust and property rights protection in Western and East Asian countries, while the conditional effects of state capacity and democracy are comparatively less pronounced in both regions. Conclusion: This study contributes valuable insights into the complex interplay between social trust and institutional outcomes in diverse societal contexts. [ABSTRACT FROM AUTHOR]

Establishing new land rules is often a central part of how a modern state is constructed and sustained. In China, a state-led territorial process resulted in a set of land rules in 1962 that demarcated rural land in accordance with the production experience spaces of acquaintance communities and granted these communities key ownership rights over a fixed territory. These rights created structural conditions that encouraged village groups to establish their own operational rules, which in turn incentivized cooperation among group members on collective production and distribution. This system thus generated "quasi-voluntary" compliance, as farmers met their tax obligations in exchange for these land rights. This article explores how the 1962 land rules evolved and their role in producing the PRC's communal-owned land system, which still formally covers almost half of China's territory and population today, and the implications for the range of possible rural land governance arrangements in modern societies. [ABSTRACT FROM AUTHOR]

This article endeavours to answer the question as to what accounts for the preservation of peace in the United States and Ukraine in 1850 and 2004 when there was a potential for an armed conflict. I argue that parallels can be drawn between the events taking place in both countries in the antebellum period, and, through a detailed empirical comparison, it can be demonstrated that peace endures when, during a supreme moment of crisis, an "oligarchic peace", that is a compromise, is negotiated at the level of national and regional elites that ensures representation and protection of property rights for the key elites. [ABSTRACT FROM AUTHOR]

In a unifying framework generalizing established theories we characterize under which conditions Joint Ownership of assets creates the best cooperation incentives in a partnership. We endogenise renegotiation costs and assume that they weakly increase with additional assets. A salient sufficient condition for optimal cooperation incentives among patient partners is if Joint Ownership is a Strict Coasian Institution for which transaction costs impede an efficient asset reallocation after a breakdown. In contrast to Halonen (2002) the logic behind our results is that Joint Ownership maximizes the value of the relationship and the costs of renegotiating ownership after a broken relationship. [ABSTRACT FROM AUTHOR]

Private forest land policies in the U.S. differ by state and range from regulatory to non-regulatory. The state of California has a highly regulatory policy system to ensure sustainable forest management, and the state's family forest landowners, who hold 20% of the state's forests, navigate this regulatory system to achieve their management objectives. We conducted semi-structured interviews with 33 family forest landowners to better understand their perceptions of state forest policies, including the policies' efficacy and how they impact landowner behavior. We found that participants voiced general acceptance of California's forest policies, though they described significant concerns because of financial burdens and regulatory uncertainty. They had nuanced views regarding how the policies protect public trust resources and private property rights, suggesting that landowners' public responsibilities and private rights are not always at odds. [ABSTRACT FROM AUTHOR]

For decades, the absence of land policies has contributed to land degradation in developing countries. The Amhara region of Ethiopia has formulated legislation and registered land. This study examined the impacts of legislation on regulating land rights and restrictions. The study highlights that the legislation has provided landholders with opportunities to secure land rights. However, the study revealed that the existing legislation has gaps in regulating restrictions and responsibilities and lacks land policy; as a result, weak land governance has ensued in the region. To mitigate these problems, the government should formulate a land policy, spatial framework and strengthen land institutions. [ABSTRACT FROM AUTHOR]

The study assessed the roles of women and the ownership of land trends in Lesotho, particularly during the 2015/2016 drought in Lesotho. A mixed-method approach, which combined both qualitative and quantitative research approaches, and a semi-structured questionnaire was used to collect data. The collected data included demographic information, household assets, gender roles in agricultural activities, and decision-making in the household to explore feminization of agriculture and its impact on household food security in Lesotho, particularly Maneo village in the Mohales' Hoek district. The results showed that even though the women were the majority of farmers, they were not involved in decision-making, did not own the land, lacked farming implements, used poor and archaic farming methods, and were subjected to institutionalized gender discrimination. This resulted in a food deficit, worsened by the drought in the southern districts, particularly in Maneo village. Despite the fact that land was owned by men, the women worked hard without having any rights to land ownership. This contributed to women's poverty. The study recommended including gender role assessments and clarity on gendered policies addressing discrimination in Lesotho, especially for women. [ABSTRACT FROM AUTHOR]

Although previous studies have examined the causes of deforestation from a cross-national, quantitative perspective, these studies tend to neglect the role of women in mitigating forest loss. Yet, evidence from case studies shows that when women own land they tend to protect forests, replant trees, and engage in agricultural practices that place less pressure on forests. Building on this work, we use ordinary least squares regression models to analyze data on forest loss derived from satellite imagery for a sample of 67 low- and middle-income nations. The results suggest that improving gender equality in immovable property rights does help save trees. Furthermore, our analysis also suggests that men and women have different priorities when it comes to forest sustainability. Women's rights have a protective effect on forests, while men's rights have no statistically significant effect. Given the extent to which we rely on forests for health, environmental, and economic reasons, these findings imply that when women's rights are curtailed, the consequences extend beyond women themselves. [ABSTRACT FROM AUTHOR]

Abstract. This work studied involutory properties in Latin quandles using methods of quasiqroup theory, and classified latin quandle Q into Left Involutory Property latin Quandle (LIPQ), Right Involutory Property Latin Quandle (RIPQ) and Involutory Property Latin Quandle (IPQ). It investigated a fourth property called the Cross Involutory Property Latin Quandle (CIPQ). The result showed that a latin quandle Q that is a LIPQ and RIPQ is an IPQ. Moreover, it established that the necessary and sufficient conditions for a latin Alexander quandle Q to be a CIPQ is that b = t² a + (1 - t)(tb + a) for all a, b ∈ Q and t ∈ A(Q). [ABSTRACT FROM AUTHOR]

In the 1930s the colonial authorities in Zimbabwe set aside geographical areas where Africans were allowed to purchase land. Despite having private property rights to land, a rare occurrence among Africans in colonial times, the performance of this group of farmers has rarely been investigated. In this article, we show that the average group of ‘native purchase’ farming households performed far better than the average African farmer in the native reserves. We do more, by offering one of the first explanations behind the ‘success’ of this group of farmers. We argue that the explanation for this is not that private property rights were more secure than other forms of land rights as argued in mainstream economics. The farmers who owned land performed better than those who did not because private property rights changed social relations in a wider sense of the term. Private property rights enabled the emergence of various forms of non-family labour relations including sharecropping and wage labour that the landowner could exploit to increase production. [ABSTRACT FROM AUTHOR]

China is actively promoting the development of a robust trading nation. In this context, utilizing data from China's A-share listed companies spanning from 2003 to 2021, this study investigates the impact of foreign shareholders on enterprises in a scenario where overseas sales reduce the profit margin of Chinese firms. The findings reveal that overseas sales do indeed decrease the profit margin of Chinese enterprises; however, foreign shareholders mitigate this negative effect and various robustness tests support this conclusion. Mechanism analysis confirms that foreign shareholders primarily enhance enterprise productivity through improved production technology spillover effects, thereby alleviating the adverse impact of overseas sales on Chinese firms' profit margins. Heterogeneity analysis demonstrates that both longer holding periods for foreign shareholders and multiple foreign shareholders significantly alleviate the negative influence of overseas sales on Chinese firms' profit margins. Moreover, there is significant heterogeneity in how foreign shareholders alleviate these detrimental consequences based on property rights nature, institutional environment, overseas related party transactions and subsidiaries, as well as industry attributes. These findings have important reference value for China's efforts towards becoming a strong trading nation and can contribute to enhancing trade capacity in other countries. [ABSTRACT FROM AUTHOR]

Aspects of Anglican theology have in the recent past emphasized the importance of place. Indigenous knowledge and worldviews speak of the centrality of land. Tessayshis places place-based thinking alongside land-based thinking to argue that these distinct ways of thinking can be mutually enriching and challenging. The essay limits itself primarily to Anglican-related authors while also contextualizing this theology within a broader scope of thinking about place. The paper concludes with suggestions for ways in which place- and land-based thinking can enrich Anglican approaches to ministry and mission, particularly in relation to the Doctrine of Discovery and ownership of property. [ABSTRACT FROM AUTHOR]

A growing body of interdisciplinary scholarship underscores the imperative to explore and advance pluriversal education – an educational approach that embraces the diversity of ways of being, knowing, and acting, rooted in historical contexts and ecological interconnectedness. Central to this exploration is a pressing need to consider education as a means of promoting epistemic pluralism within spaces of settler colonialism. By contesting a westernized geopolitics of knowledge, a pluriversal education advocates for the revalorization of subaltern knowledges, Indigenous cosmovisions, activism, and socio-environmental justice grounded in human, cultural, and land rights. The paper first debates on fundamental divergences between the concept of pluriversal education, based on principles of decolonial interculturality, and the principles of global sustainable education announced by international mainstream institutions. Then, it refers to concrete experimentations of activism in pluriversal education in various locations illustrated by the contributions of the special issue. [ABSTRACT FROM AUTHOR]

The city of Lahore, Pakistan inherited a colonial land bureaucracy in which land is owned according 'rights in land' rather than 'rights to land'. Unlike the absolute ownership provided by state-backed titles, rights in land is merely a presumption of ownership until proven otherwise, creating a permanent gap between ownership and property. These gaps are investigated by patwaris, or lower-level bureaucrats who confirm rights in land before property is sold. Against the backdrop of Pakistan's booming real estate market, however, land has become Lahore's most profitable financial asset, and the gap between ownership and property is increasingly exploited to wrangle control over land from others. In this context, 'fraud' has become a constant point of concern for both patwaris and residents, each of whom use fraud at various times to negotiate Lahore's colonial-era bureaucracy with the present-day demands of living in the city. In this article, I argue that fraud mediates property relations in Lahore. In the city, all property is potentially fraudulent, and all fraud can potentially become property. Rather than a fixed relationship between ownership and property, Lahore's land bureaucracy is characterized by continuously unfolding property relations as new loops of fraud are opened and old ones close. [ABSTRACT FROM AUTHOR]

This Special Feature explores the negotiated bureaucratic politics shaping urbanization in South Asia. City drafting refers to the flexible and contextual practices, procedures and policies required to haul diverse property regimes into order and provisionally render urban land clear and settled. The drafted city, we argue, is necessarily provisional and uneven, left open to politicised remapping, redrafting and resettlement by a host of institutionally embedded brokers, bureaucrats, clerks and surveyors each wielding their own political and socio-technical vision of land. These drafting practices, not only shape a politics of uneven urbanisation in South Asian cities, but also help to explain the persistent fractal morphology of urban property in South Asia; spanning categories of public, private, non-private, commons, unauthorised, regularised, agrarian, urban and so on. While the South Asian city is commonly understood through the high-resolution imagery of masterplanners, policymakers and investors, city drafting methodologically focuses on the grounded bureaucratic struggles of the map, plot, record and title, through which claims to property rights, exclusions and access are shaped. [ABSTRACT FROM AUTHOR]

Context and background Umoja, is the Swahili philosophy of unity. Its principles underscore the significance of cooperation and communal solidarity. Umoja has historically been associated with various aspects of African social and political life, accentuating the influence of communal synergy in traditional land tenure systems. The Umoja philosophy encourages individuals to consider collective-wellbeing as being complementary to individual interests, thereby fostering a profound sense of social responsibility in traditional approaches to land holding. In contemporary African society, Umoja continues to wield substantial influence in facilitating social cohesion and the establishment of robust and supportive communities. Notwithstanding, the principles of Umoja remain relatively uncharted in the context of modern approaches to land reform policies. Goal and Objectives: The primary objective of this paper entails an in-depth examination of prevailing land tenure systems throughout the African continent, with a concurrent aspiration to formulate a novel land-holding system that harmoniously integrates with and encapsulates the diverse cultural and contextual intricacies inherent in Africa. At its core, this endeavor seeks to leverage the proposed land-holding framework as a catalyst, with the ultimate ambition of elevating substantial segments of the African populace from multidimensional poverty to a state of enduring prosperity. Methodology: The methodological approach employs a secondary analysis, focusing on African communal land and resource management case studies. The paper assesses their achievements and shortcomings, emphasizing the 'Gestion de Terroir' model in West Africa and the less successful Community Land Trust Experiment in Voi, Kenya. Drawing from successful and unsuccessful cases, the paper develops a comprehensive blueprint for effective communal land tenure systems, guided by Elinor Ostrom's principles for successful management of communal resources and the principle of Umoja, for equitable and sustainable land management in Africa. Results The findings from this study highlight critical issues within existing communal land systems across Africa. Specifically, the primary challenges identified are the absence of formalized communal land titles, as well as issues stemming from the inability of attempted communal land holding projects to align with local idiosyncrasies, capacities, and objectives. Consequently, this paper formulates a novel communal land tenure system for the African context, synthesizing these lessons to create a more sustainable approach that bridges the gap between formalization and local adaptability [ABSTRACT FROM AUTHOR]

Despite much scholarship on the plantation economy, little attention has been paid to planter political rhetoric in colonial Haiti. By analyzing planter petitions, several lawsuits, and the colonial doléances of 1788–89, this article shows how landed proprietors harnessed natural rights jurisprudence and, in particular, Lockian ideas regarding the sacred right of private property. They argued for a set of collective rights both for planters as a group and for the colony as a whole. This was done to undermine the notion that enslaved people, as human beings, constituted a special form of property and thus to assert planters' absolute sovereignty to manumit their slaves at will. This idea was transposed into a claim that only the colony, not the metropole, could determine the timing of slave emancipation. Planters articulated a concept of liberalism that stood at odds with the universalist claims of equality inspired by the French Revolution. [ABSTRACT FROM AUTHOR]

For nearly two centuries, the law has allowed servitudes that “run with” real property while with few exceptions refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners — but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. Courts’ interpretations of copyright law enabled these developments in the context of software licensing, but these licenses have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions of contract doctrine, such as whether opening shrinkwrap constitutes assent to be bound. Property concepts never enter their analysis. The result of this oversight is that courts have de facto recognized equitable servitudes on chattels — a category that the common law has long rejected except in extraordinary circumstances. Yet because courts are often unfamiliar with property law principles, and because lawyers have failed to make property-based arguments, individual contracts cases are remodeling the architecture of property rights without anyone realizing it. This Article identifies the unexpected emergence of servitudes on chattels via contract law. It explores the consequences of that development and argues that we should see it as deeply troubling. By unwittingly establishing equitable servitudes on chattels, this change in law threatens to undo longstanding precedent, disrupt settled expectations, and effectively recognize a new form of property. More generally, elevating contract over other private law doctrines disrupts the private law’s equilibrium in which a complementary suite of doctrines developed to promote economic liberty while curtailing opportunistic impulses. While the pathologies that have flourished internally in modern contract doctrine have been well studied by scholars, the way in which contract law is threatening to consume property and other areas of private law has received less attention. Using servitudes on personal property as a window into the larger problem of contract-dominated private law, this Article explores the private law’s role in shaping environmental conservation, autonomy, innovation, and the legitimacy of the law itself. Those values are all in jeopardy if contract law is allowed to encroach on property and to erode the very concept of ownership. [ABSTRACT FROM AUTHOR]