Download Feminist perspectives on land law by Hilary Lim, Anne Bottomley PDF

By Hilary Lim, Anne Bottomley

ISBN-10: 0415420334

ISBN-13: 9780415420334

The 1st ebook to envision the serious region of land legislation from a feminist standpoint, it presents an unique and significant 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 various 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 publication contains chapters on: buying shops historic monuments nature reserves housing estates the family members domestic. An interdisciplinary and enlivening account of feminist views on land legislations, it really is a good addition to the bookshelves of scholars and researchers in criminal stories, gender reviews, social anthropology and social geography.

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This is not only to the detriment of those who seek to break the dominant mould, but also to a fuller academic account of ‘land law’. Informal rights and the extent to which they can and should be brought 26 Anne Bottomley and Hilary Lim into the ‘formal’ legal system and emerging communal, joint or hybrid land holding mechanisms are barely visible on the margins of an orthodox map of ‘land law’. As Rose describes and analyses in relation to geography, it is on these margins that issues of gender are clearly visible.

Torn from its origins in the dimensions of space and time, it became embedded into a set of scholastic practices which, whilst seemingly predicated within space and time, was actually concerned with leaving both behind in order to establish a ‘place’ within the academy (Bottomley 1996, Lim 1996). The heritage of these scholastic forms derives, at least in part, from an era when academic law struggled to establish its legitimacy, in the latter half of the nineteenth century. Sugarman (1991) has documented how legal scholars laid claim to a ‘special body of expertise’.

Anything pertaining to the family is problematic, not least because ‘family law’ approaches are soft, pliable and fail to offer clear-cut rules (Smart 1989: 15, Bottomley and Roche 1988: 95–96). The border with ‘family matters’ in trusts and estoppel is strongly policed amid constant reminders of the need for clarity, matched with dire warnings about the dangers of discretion and of taking into account broad social factors when making rules or applying them. It is as if this particularly leaky border must be sealed and resealed against the potential of fluidity and threat of pollution.

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