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Download Feminist Perspectives on Land Law (Feminist Perspectives) by Hilary Lim, Anne Bottomley PDF

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By Hilary Lim, Anne Bottomley

The 1st booklet to check the severe zone of land legislations from a feminist point of view, it presents an unique and important research of the gendered intersection among legislation and land; ranging land use and possession in England and Wales to Botswana, Papua New Guinea and the Muslim global. The authors draw upon the varied disciplinary fields of legislation, anthropology and geography to open up views that transcend the customarily slender topography and cartography of land legislations. Addressing an unorthodox number of websites the place questions of women's entry and rights to land are raised, this booklet contains chapters on: procuring shops old monuments nature reserves housing estates the family members domestic. An interdisciplinary and enlivening account of feminist views on land legislation, it's an exceptional addition to the bookshelves of scholars and researchers in felony stories, gender reviews, social anthropology and social geography.

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Extra resources for Feminist Perspectives on Land Law (Feminist Perspectives)

Sample text

Faced with a terrain of regulation through registration, which offers little of value to the scholar, the struggle goes on to embed Land Law into a jurisprudence of principles and the courts’ response to novel situations not covered by statutes, as if by keeping this body still alive the reality that the subject is actually, rapidly, contracting, can be suppressed. There is an effort and energy, but essential futility to this which is not unlike that of early twentieth century white colonial explorers who stalked across African deserts seeking to make their mark and give their names to sand dunes and fossil trees (Ondaatje 1993).

Consequently, loosely constructed situations, or simple contingencies, become burdened with coherence. Many tactics are employed in attempts to sustain a rational account. For instance, middle order ‘justifications’ lying behind doctrinal ‘lines of authority’, are debated by legal scholars in terms of which is the most ‘satisfactory’. Are testamentary secret trusts upheld because equity will not allow a statute to be used as an engine of fraud, or because they are not really testamentary trusts at all?

What combination of forces brought this case on war-time poor law policy within the law of leases, into the category of ‘cases on touch and concern’, so that it must be followed by ‘like cases’? What throws of the dice made ‘touch and concern’ itself a ground of land law? And what throws of the dice brought the Landlord and Tenant (Covenants) Act 1995 which abolished ‘touch and concern’ for new landlords and tenants? A case can be like a dead leaf 16 Anne Bottomley and Hilary Lim hanging on a tree, but is also a fish darting in water, or a bird flying between the branches.

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