4 Property Rights on Reserves: “New” Ideas from the Nineteenth Century

2020 ◽  
pp. 163-183
2021 ◽  
Vol 33 (1) ◽  
pp. 3-15
Author(s):  
David Ress

Controversy over the expansion of pound netting in the largest US fisheries of the late nineteenth century marked an early conflict between those who considered fisheries a commons and those who sought to establish property rights in a fishery. Pound-netters physically staked out a specific part of the sea for their exclusive use, and their conception of their property rights resulted in significant overfishing of important food – and oil – fish species. Here, just as with the commons that many economists argue inevitably result in over-exploitation of a resource, regulation was rebuffed and the fisheries collapsed.


2018 ◽  
Vol 2 (3) ◽  
pp. 226-247
Author(s):  
Lucie Sedláčková

THE FISH HAVE TO PAY DEARLY AS WELL The representations of animals and vegetarianism in the works of Herman Heijermans and other socially engaged writers of the fin de siècle At the end of the nineteenth century, the perception of animals changed significantly due to the theory of evolution and other new ideas, which also affected a number of Dutch socialist-leaning writers. Utilizing the framework of literary animal studies, this article investigates how animals were represented in their works. Most of the examined writers present animals as sentient beings, which is also ref lected by their speaking out in favour of vegetarianism. Herman Heijermans takes a more ambivalent position: some of his writings show the possibility of animal agency, whereas in others, animals are subordinate to people’s needs and are objectified.


1999 ◽  
Vol 24 (04) ◽  
pp. 807-852 ◽  
Author(s):  
Stuart Banner

If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organize our awareness of phenomena before they reach the level of consciousness. Over the course of the nineteenth century, as the balance of power gradually swung to the side of the British, they were largely able to impose their property system on the Maori. The centrality of property within the thought of both peoples, however, meant that the transformation of Maori into English property rights involved much more than land. Religious belief, engagement with the market economy, political organization—all were bound up in the systems by which both peoples organized property rights in land. To anglicize the Maori property system was to revolutionize Maori life.


Author(s):  
Richard D. Brown

While cherishing ideas of equal rights and equality, Americans have simultaneously sought inequality. The Revolution of 1776 committed Americans to the idea of equal rights, but just as fundamentally it dedicated the United States to the protection and increase of individual property and the power to direct it to heirs. Although equal rights and individual property rights have proved compatible with religious and ethnic equality, social and economic inequality, both meritocratic and inherited, have been integral to the American social and political order. Moreover, based on the emerging biologies of race and sex, the idea of equal rights for people of color and for women faced new barriers in nineteenth-century America and beyond into the twenty-first century.


Author(s):  
Sharada Balachandran Orihuela

Though the Treaty of Guadalupe Hidalgo (1848) ostensibly extended American citizenship to the Mexican landed class at the conclusion of the Mexican American War and ensured their property rights despite the transfer of land to the U.S., they were nonetheless stripped of formal claims to their property and forced to enter into lengthy and costly legal battles to regain possession of these ranches. Hidalgos had to compete with Anglo agricultural settlers (or squatters), as well as with the railroad barons looking to expand railways in the newly annexed territories. Women are able to best navigate the unstable political economy of the borderlands through the act of squatting, understood broadly to mean the settlement of “unoccupied” land. Read alongside the significant historical events including various land laws and pre-emption acts of the mid-nineteenth century, hidalgo women perform forms of ownership that upend the racialized and gendered logics of citizenship, and the intimate ties between property and rights. The Squatter and the Don recasts the “problem” of Mexican land occupation as U.S. anxiety over territorial expansion and colonization made more complex by the presence of differently racialized populations along the borderlands.


2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison

Abstract With the social reproduction of slavery in colonial Cuba as its center point, this essay draws on the recent historiographical acknowledgment of the way vassalage mediated the often starkly drawn social distinctions between whites and enslaved people within colonial Spanish America. Inside the region’s emergent, capitalist political economy, feudal vassalage continued to define each social sector’s rights and responsibilities vis-á-vis the Spanish Crown. The rights of enslaved vassals derived from their potential contributions to the Spanish monarchy’s imperial survival, in their capacity to populate the extensive empire with loyal Catholic subjects and potential military defenders. These concerns also justified the Spanish monarchial state’s ability to intervene between its slaveholding vassals and its enslaved vassals, by limiting private property rights over enslaved people and operating in ways that did not fully conform to capitalist profit motives. Awareness of such sovereign-vassal interdependencies challenges historians to broaden their understanding of the relationship between capitalism and slavery to include the remnants of feudal social-political forms, even into the nineteenth century.


2019 ◽  
Vol 49 (1) ◽  
pp. 73-95
Author(s):  
Matthew Kerry

The secularizing efforts of the Spanish Second Republic met fierce resistance from Catholics and the Church. Local authorities spearheaded secularization in an unclear legal context, yet they also attempted to mediate between different demands, while protecting Catholic sentiment and respecting property rights. Cemeteries and funeral processions were a key battleground in a ‘culture war’ which straddles the nineteenth-century preoccupation with the role of religion in the lives of Spanish citizens and the intensity of interwar conflict, the bitter struggles to occupy public space, and the mobilization of antagonistic conceptualizations of the ‘people’.


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