Keeping the Network out of view: Mining,Distinctions and Exclusion in Melanesia

ABSTRACT This paper examines the ‘property effects’ surrounding competition over access to mining benefits in Papua New Guinea. Under conditions of rapid social change engendered by large scale resource extraction, Lihirian islanders have increasingly recalibrated their social networks, manifest through shifting notions of sociality and obligation, and ownership strategies that seek to limit other people's claims to wealth. These local changes are paralleled by larger and more paradoxical processes: although the state uses the mining project to consolidate itself, Lihirians have consistently challenged the state through their attempts to appropriate the mine for their own ends. By keeping the multiple layers of their social networks out of view, Lihirians deny the connections that can provide others with access to benefits. In considering the strategic responses to the inequalities, discontents and inconsistencies of life in modern Papua New Guinea, it becomes apparent that questions of property are simultaneously questions about identity and belonging.     

The development of the conjugal bond in late medieval Bohemia

In late medieval Bohemia the focus of the family became more and more the relationship between husband and wife at the expense of the husband's male kin group. Where the tie of loyalty to one's male lineage and its future welfare prevailed, disposals of property after death restricted a widow's rights only to her dowry. The law of the land and custom generally supported this practice. However, more and more from the fourteenth to the early sixteenth century men gave their widows greater social security and authority over their estates and children, in the process excluding their own male kin.These conclusions arise from a numerical analysis of dowry contracts and last wills and testaments in three modest sized towns in Bohemia. The analysis shows that most men ensured their widow's secure title to the family inheritance either alone or jointly with their children. It also shows that the rate of property arrangements favouring the wife increased in the course of the centuries examined.     

中国古代遗嘱继承制度质疑

中国古代不存在一般意义上的遗嘱继承制度。遗嘱继承制度的产生 ,以单纯的个人所有权的普遍化和血亲观念的相对淡化为前提条件 ,而中国古代不具备这些条件 ;中国古代的法律仅允许被继承人在“户绝”时适用遗嘱 ,有子时则必须实行法定继承 ,与普通意义上的遗嘱继承制度相去甚远 ;虽然古代史籍中有实行遗嘱继承的个别实例 ,但不能据此认为中国古代存在遗嘱继承制度     

The development of the conjugal bond in late medieval Bohemia

In late medieval Bohemia the focus of the family became more and more the relationship between husband and wife at the expense of the husband's male kin group. Where the tie of loyalty to one's male lineage and its future welfare prevailed, disposals of property after death restricted a widow's rights only to her dowry. The law of the land and custom generally supported this practice. However, more and more from the fourteenth to the early sixteenth century men gave their widows greater social security and authority over their estates and children, in the process excluding their own male kin. These conclusions arise from a numerical analysis of dowry contracts and last wills and testaments in three modest sized towns in Bohemia. The analysis shows that most men ensured their widow's secure title to the family inheritance either alone or jointly with their children. It also shows that the rate of property arrangements favouring the wife increased in the course of the centuries examined.     

TOWARDS SHARED OWNERSHIP: PROPERTY,GEOGRAPHY, AND TREATY MAKING IN BRITISH COLUMBIA

In British Columbia, Canada's westernmost province, unresolved Aboriginal claims to land remain highly contentious. Since the early 1990s, a unique treaty negotiation process has sought to resolve questions about land ownership and establish a new relationship between Aboriginal peoples and the Crown. After almost two decades, the limitations of this treaty process are increasingly evident and answers to the land question remain elusive. This article examines this treaty‐making process through a property lens, focusing on how particular models of property are privileged by and produced through this approach to treaty. I argue that the treaty process, as currently structured, works to entrench dominant Western forms of property across Aboriginal territories in a highly separate and unequal manner, and as such, serves to reinscribe asymmetrical relations of power between Aboriginal peoples and the Crown. To a considerable extent, this asymmetrical approach to property making explains the lack of progress towards treaties. The final part of the article explores alternative approaches to treaty proposed by Aboriginal groups. I argue that these proposals, which reflect Aboriginal understandings of property, offer a new and more promising direction for treaty making. In particular, the emphasis on sharing lands and resources, as well as the wealth generated from these, provides a path to reconcile competing property interests and to build a new and more respectful relationship between the Crown and Aboriginal peoples. I suggest that the difficulties of treaty making in British Columbia reflect broader challenges associated with land restitution and reconciliation in settler colonies.     

The Role of Lesser Aristocratic Women in Twelfth-century Yorkshire Society — The Rumilly,Arches, and St Quentin Charters*

This article argues that lesser aristocratic women were an active part of twelfth-century society and that as landholders and alienators they were able to significantly shape and mould local monastic society, family wealth and relationships, and other secular social networks. The influence women could have on these areas was on the material and physical geography of the land as well as on the social relationships. As landholders, women could and did maintain social networks with the ecclesiastical and secular societies. This was, however, limited by the geographic location of their landholding and thus demonstrates a social world that is defined by localities and regions. The three families of Rumilly, Arches and St Quentin provide cases whereby women’s activities can be evidenced in a range of events and actions. They also demonstrate a level of independence in women’s agency that did not rely on their male kin before land alienations or grants could be made. The available charter evidence for the three families studied is also illustrative of the existing charter material that can be identified for lesser aristocratic women and allows the paper to address twelfth-century women outwith the traditionally studied groups of royal and comital women or religious women.     

富裕佃农:英国现代化的最早领头羊

农业是英国资本主义发生的策源地,而不是商业或者手工业,后者要以农业的发展为前提和基础。英国原始积累成功的秘密,在于农民个体的普遍积累,在于大规模的圈地运动以前,英国农民已经经历了长时期、普遍的积累,并在此过程中产生了一批殷实的、又有一定社会地位的富裕佃农。他们一心扩大耕地和牧场,或买卖或转租或垦殖,很早就一直以零敲碎打的方式进行“圈地”;更重要的是,富裕佃农最早创立了工资雇佣生产方式。它有着一套全新的游戏规则,不承认等级,漠视身份,最大限度地追求市场利润,完全不同于庄园经济。富裕农民经济在市场上击败了领地经济,迫使领主不断肢解领地地产,进一步扩大富裕农民经济的规模,资本主义租地农场主阶级逐渐形成。显然,农业资本主义是富裕佃农推动的,领主不过是被佃户逼上商品经济的“贼船”。是约曼——富裕农,还有他们的延伸体乡绅,而不是领主或新贵族,成为英国现代农业的发起人。     

Revisionism Reconsidered: 'Property-owning Democracy' and Egalitarian Strategy in Post-War Britain

Revisionist socialists of the 1950s and 1960s are typicallydepicted as advocates of the ‘Keynesian welfare state’route to economic equality. This article argues that this isan oversimplification: while the revisionists supported thewelfare state, they also aimed to promote equality by redistributingprivate property and expanding social ownership, endorsing anegalitarian version of a ‘property-owning democracy’.The article first discusses the political ideals and calculationsthat motivated the revisionists’ interest in this modelof egalitarian strategy and then examines in turn the threemutually reinforcing strands of policy that this goal generated:greater progressive taxation of wealth; measures to diffuseprivate property ownership and access to marketable skills;and the expansion of novel forms of social ownership.     

Land Privatization and Pastoralist Well‐being in Kenya

East African pastoralists have well‐developed systems of communal land management that have been challenged by recent demands from some pastoralists for land privatization. This article analyses the impact on household well‐being of privatizing land among a community of Samburu pastoralists in northern Kenya. Using longitudinal data from household surveys conducted in 2000 and 2005, trends in wealth, income, stratification and livelihood strategies are analysed comparing the privatized community and a community where land remains communally managed. Results indicate few significant differences in wealth and income between the privatized and communal areas, although cultivation has become an important additional strategy in the privatized community. Significant levels of wealth stratification are present in both communities but are mitigated to some extent by mobility across wealth quintiles over time. Wealthy and poor groups exhibit different livelihood strategies with wealthier groups relying more on livestock trade and home consumption while poorer groups depend on wage labour and trade for their income. Policy implications of this analysis include the need for development strategies specific to different wealth groups, greater investment in education and infrastructure, and more attention to employment creation in pastoral areas.     

Precarial grants: approaches of the clergy and lay aristocracy to landholding and time

Throughout the middle ages, the possession and ownership of land was not only the primary source of wealth and power, but of disputes and violence as well. In this regard, one of the least obvious but nonetheless fundamental elements was the attitude that the two dominant groups in society — the clergy and the aristocracy — had about time. The different ways that these two classes regarded time helps to account both for their approach to acquiring land and, in the event of a dispute, whether it would be settled by compromise or violence.     

Precarial grants: approaches of the clergy and lay aristocracy to landholding and time

Throughout the middle ages, the possession and ownership of land was not only the primary source of wealth and power, but of disputes and violence as well. In this regard, one of the least obvious but nonetheless fundamental elements was the attitude that the two dominant groups in society — the clergy and the aristocracy — had about time. The different ways that these two classes regarded time helps to account both for their approach to acquiring land and, in the event of a dispute, whether it would be settled by compromise or violence.     

Land titling and poverty reduction in Southeast Asia: realising markets or realising rights?∗

AusAID has supported land titling projects in Southeast Asia with the World Bank for over two decades. These involve the first-time issuance of a land title in cases where the ownership rights of current occupiers are largely assured. Reflecting neoliberal thinking on private property rights and development, the rationale is that titling builds land markets and increases tenure security, investment and access to institutional credit. However, international research indicates that land titling can be neither sufficient or necessary to deliver such benefits and, under some circumstances, can harm poor landholders’ wellbeing. In this respect, attention is paid to political factors in addition to property rights per se which influence their tenure security. It is argued that the value which neoliberalism places on the exclusivity of ownership of land, to enable its efficient use and allocation, can be in conflict with the importance to poor people of secure access and use rights. If AusAID is to fully commit to poverty reduction goals, then there will need to be more attention paid to the social justice dimensions of land distribution in Southeast Asia and elsewhere.     

Chiefdoms and the emergence of private property in land

A prevailing characteristic of complex, stratified societies is unequal access to critical resources, and in most cases land is the most fundamental of those resources. Gaining an understanding how relations to land are transformed is viewed as integral to revealing the origins of social inequality. Recent scholarship has proposed an evolution of property rights in land from open access to private property, the latter condition having been attributed to nation states. However, some scholars have concluded from their examinations of Early Medieval Irish texts that land within Irish chiefdoms was regarded as a commodity. The analysis carried out in this paper reveals that in Early Medieval Ireland some land could be considered to be private property, but the holding and transfer of land was restricted to chieftains and their dependents, the lands of commoners being held communally. The closest counterpart to this mode of land ownership is the form of feudalism proposed for the Classic and Post-Classic Maya.     

Housing Developments in Moscow in the 1990s

Ownership of an apartment is fast becoming something that most Muscovites will have in common. The privatization of the housing stock has resulted in a highly speculative housing market, and the buying and selling of apartments is slowly altering the social geography of Moscow. The construction of Western-style housing catering to the newly wealthy, while still very limited, is nonetheless symbolic of the changes under way. Control over property, that is, land and buildings, is a highly contentious political issue in Russia. Land represents wealth, and in Moscow there is strong political resistance to allowing private ownership of it. This paper examines some of dimensions of the privatization of housing in particular, and the private and public sector interests involved in property development in general. 7 figures, 2 tables, 16 references.     

Le postmoderne expliqué aux enfants. Correspondance 1982–85

In the early modern period, the European concept of “nobility” was rarely used to describe the upper classes of the societies born in the British or in the French Americas. The presence of French nobles in New France or in the French West Indies and the emergence of the native gentry in parts of the British Empire have been much studied. But the social impact of elites has not been fully recognized by Atlantic historians—due, perhaps, to a bias towards “authentically” New World systems of social recognition based upon wealth, emphasizing supposedly greater possibilities of social mobility. This paper takes a comparative perspective to the social meanings of being a noble or being a gentleman in both empires. It concludes that there were few substantive differences between French nobles living in the metropolis and in the colonies because legal definitions of the French noblesse were strictly determined by the Crown. The essence of the French nobility was, in theory, the same in Versailles, in a remote rural parish of France or in Quebec. The story was very different for British colonial gentlemen who encountered countless difficulties to be socially accepted by their metropolitan counterparts. The paper explores the consequences of the chasm between British metropolitan and colonial upper classes and assesses solutions taken by colonial gentlemen to be fully integrated in the gentry of Great Britain.     

Reciprocal Repossession: Property as Land in Urban Australia

Repossession of land by Indigenous people is commonly understood as a legal act that unfolds within the confines of state apparatuses. But for many Indigenous urbanites, legal repossession is both impossible and irrelevant due to their histories of dispossession and dislocation. Moreover, while land repossession in Australia is predominantly non‐urban, I demonstrate that land is also reclaimed within cities. Urban repossession of land, considered here as reciprocal rather than legal, challenges the model of private ownership by asserting a territorially transferable relationship to property as land. The order of property entrenches Indigenous people's dispossession by demanding immobility as precondition to ownership and rendering Indigenous urbanites all “too mobile”. Against this framing and the liquidation of their lands as capital, Indigenous people practice reciprocal forms of repossession that challenge both liberal and traditional meanings of ownership. This helps retrieve urban Indigenous subjectivities while compelling partial relinquishment of non‐Indigenous properties.     

Place in legal geography: Agency and application in agriculture research

Systemic failure of our land management, legal, and regulatory institutions is revealed by the serious and adverse social and environmental impacts of land use practices in private agriculture, evident in severe land and water degradation, precipitous decline in biodiversity, and reduced resilience to natural hazards and climate change. The efficacy of the standard treatment of environmental law and regulation is often hampered by the cultural and legal priority of property rights. We take a different approach, using legal geography to refocus attention on the salience and agency of place and responses to degradation, such as conservation farming and regenerative agriculture, which are reforming dominant land management cultures and institutions from within. By recognising the role of place in leading geographically responsive land use decision-making and more sustainable, resilient, and productive agricultural practices, an alternative model of private land ownership may be possible, as well as greater environmental sustainability. For researchers, our approaches too must be sensitive and responsive to place agency and our methodologies must evolve to acknowledge the agency of place. Place agency in legal geography has great potential for application in reforming suboptimal industrial agricultural practices and legal models of property ownership, and also for revitalising our scholarship.     

James Wray’s Carpentry Yard: archaeology of an early Williamsburg industrial craft site

Abstract

The archaeological work at the Wray Carpentry Yard in Williamsburg, Virginia offers a unique venue for the contextualization of 18th-century trades and tradesmen in the British colonies. James Wray’s craftsmen, both enslaved and free, included carpenters, joiners, glaziers and cabinet-makers working in a growing urban centre, providing services to a town that was quite literally under construction. The story these workers tell through the archaeology of their buildings and possessions is distinct in the archaeology of 18th-century Britain and its colonies, as no comparably intensive contextual examination of an urban artisan complex has been undertaken.