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1
Allen, Matthew G. Resource Extraction and Contentious States. Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-8120-0.
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Max, Boykoff, and Evered Kyle, eds. Contentious geographies: Environmental knowledge, meaning, scale. Ashgate Pub., 2008.
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Goodman, Michael K. Contentious geographies: Environmental knowledge, meaning, scale. Ashgate Pub., 2008.
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Ebbe, Schiøler, ed. Seeds of contention: World hunger and the global controversy over GM crops. Johns Hopkins University Press, 2000.
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5
Malamidis, Haris. Social Movements and Solidarity Structures in Crisis-Ridden Greece. Amsterdam University Press, 2020. http://dx.doi.org/10.5117/9789463722438.
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Social Movements and Solidarity Structures in Crisis-Ridden Greece explores the rich grassroots experience of social movements in Greece between 2008 and 2016. The harsh conditions of austerity triggered the rise of vibrant mobilizations that went hand-in-hand with the emergence of numerous solidarity structures, providing unofficial welfare services to the suffering population. Based on qualitative field research conducted in more than 50 social movement organizations in Greece’s two major cities, the book offers an in-depth analysis of the contentious mechanisms that led to the development of such solidarity initiatives. By analyzing the organizational structure, resources and identity of markets without middlemen, social and collective kitchens, organizations distributing food parcels, social clinics and self-managed cooperatives, this study explains the enlargement of boundaries of collective action in times of crisis.
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Bebbington, Anthony, Abdul-Gafaru Abdulai, Denise Humphreys Bebbington, Marja Hinfelaar, and Cynthia Sanborn. Governing Extractive Industries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820932.001.0001.
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Proposals for more effective natural resource governance emphasize the importance of institutions and governance, but say less about the political conditions under which institutional change occurs. This book synthesizes findings regarding the political drivers of institutional change in extractive industry governance. The authors analyse resource governance from the late nineteenth century to the present in Bolivia, Ghana, Peru, and Zambia. They focus on the ways in which resource governance and national political settlements interact. Special attention is paid to the nature of elite politics, the emergence of new political actors, forms of political contention, changing ideas regarding natural resources and development, the geography of natural resource deposits, and the influence of the transnational political economy of global commodity production. National elites and subnational actors are in continuous contention over extractive industry governance. Resource rents are used by elites to manage this contention and incorporate actors into governing coalitions and overall political settlements. Periodically, new resource frontiers are opened, and new political actors emerge with the power to redefine how extractive industries are governed and used as instruments for development. Colonial and post-colonial histories of resource extraction continue to give political valence to ideas of resource nationalism that mobilize actors who challenge existing institutional arrangements. The book is innovative in its focus on the political longue durée, and the use of in-depth, comparative, country-level analysis in Africa and Latin America, to build a theoretical argument that accounts for both similarity and divergence between these regions.
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Moseley, Mason W. Contentious Engagement. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190694005.003.0003.
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This chapter examines the cross-national determinants of protest participation in Latin American democracies, testing several central expectations from the protest state theory. Drawing on data from the AmericasBarometer, a biennial survey conducted by the Latin American Public Opinion Project (LAPOP) from 2004 to 2014, and World Bank governance indicators, I use multilevel modeling techniques to evaluate how country-level institutional characteristics interact with individual-level indicators of political engagement to explain protest behavior. Rather than offering support for dominant grievance-based explanations of protest or theoretical perspectives couched solely within the resource mobilization or political opportunities traditions, I find that an interactive relationship between institutional context and civic engagement best explains why Latin Americans choose to protest.
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Lichbach, Mark I., and Helma G. E. de Vries. Mechanisms of Globalized Protest Movements. Edited by Carles Boix and Susan C. Stokes. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199566020.003.0020.
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This article examines the mechanisms of globalized protest movements. It tries to draw together intellectual resources on this field, and offers a survey of theories of contentious politics. These theories aim to explore their applicability to the new phenomenon of global protest movements (GPMs). The article also suggests that the differences between GPMs may be attributed to their differential use of mobilizational mechanisms. A comparison of these mechanisms involved in different GPMs and contentious politics allows for the redefinition of an understanding of how these mechanisms work in explaining globalized collective action as well as other forms of contention.
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Russell, Christina G. Teaching Composition in the 90s: Sites of Contention (Harpercollins Resources for Instructors). Addison-Wesley Educational Publishers, 1994.
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Stones of Contention: A History of Africa's Diamonds. Ohio University Press, 2014.
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12
Boykoff, Maxwell T., and Michael K. Goodman. Contentious Geographies: Environmental Knowledge, Meaning, Scale. Taylor & Francis Group, 2016.
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13
Social Ties, Resources, and Migrant Labor Contention in Contemporary China: From Peasants to Protesters. Lexington Books/Fortress Academic, 2014.
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14
Jackson, Robert, and Georg Sørensen. Introduction to International Relations. Oxford University Press, 2015. http://dx.doi.org/10.1093/hepl/9780198707554.001.0001.
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Introduction to International Relations provides a concise introduction to the principal international relations theories, and explores how theory can be used to analyse contemporary issues. Readers are introduced to the most important theories, encompassing both classical and contemporary approaches and debates. Throughout the text, the chapters encourage readers to consider the strengths and weaknesses of the theories presented, and the major points of contention between them. In so doing, the text helps the reader to build a clear understanding of how major theoretical debates link up with each other, and how the structure of the discipline of international relations is established. The book places a strong emphasis throughout on the relationship between theory and practice, carefully explaining how theories organise and shape our view of the world. Topics include realism, liberalism, International Society, International Political Economy, social constructivism, post-positivism in international relations, and foreign policy. A chapter is dedicated to key global issues and how theory can be used as a tool to analyse and interpret these issues. The text is accompanied by an Online Resource Centre, which includes: short case studies, review questions, annotated web links, and a flashcard glossary.
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Allen, Matthew G. Resource Extraction and Contentious States: Mining and the Politics of Scale in the Pacific Islands. Palgrave Pivot, 2018.
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Allen, Matthew G. Resource Extraction and Contentious States: Mining and the Politics of Scale in the Pacific Islands. Palgrave Pivot, 2018.
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Lubell, Mark, and Carolina Balazs. Integrated Water Resources Management. Edited by Ken Conca and Erika Weinthal. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199335084.013.2.
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Integrated water resources management (IWRM) has become a globally recognized approach to water governance. However, the definition of IWRM remains abstract, and implementation challenges remain. This chapter analyzes IWRM from the perspective of adaptive governance, which conceptualizes IWRM as an institutional arrangement that seeks to solve collective-action problems associated with water resources and adapt over time in response to social and environmental change. Adaptive governance synthesizes several strands of literature to identify the core social processes of water governance: cooperation, learning, and resource distribution. This chapter reviews the existing research on these ideas and presents frontier research questions that require continued investigation to understand how IWRM contributes to the sustainability and resilience of water governance. It argues that an adaptive governance lens allows movement beyond the contentious normative debate surrounding the appropriate definition of IWRM to analyze the core social and political processes driving its decision-making processes.
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Brady, David, Agnes Blome, and Hanna Kleider. How Politics and Institutions Shape Poverty and Inequality. Edited by David Brady and Linda M. Burton. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199914050.013.7.
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This article explores the influence of politics and institutions on poverty and inequality. It first considers the general contention that poverty is shaped by the combination of power resources and institutions. On one hand, scholars in the power resources tradition have emphasized the role of class-based collective political actors for mobilizing “power resources” in the state and economy. On the other hand, institutionalists have highlighted the role of formal rules and regulations. The article goes on to discuss the theoretical arguments of power resources theory and the evidence for key power resources (that is, collective political actors like labor unions and parties). It also reviews institutional explanations, focusing on the key concepts and theories and as well as the evidence linking the most salient institutions to poverty. Finally, it examines how state policy influences poverty and presents several challenges for future research.
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Pinstrup-Andersen, Per, and Ebbe Schiøler. Seeds of Contention: World Hunger and the Global Controversy over GM Crops (International Food Policy Research Institute). International Food Policy Research Institute, 2001.
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20
Porta, Donatella della, Massimiliano Andretta, Tiago Fernandes, Eduardo Romanos, and Markos Vogiatzoglou. Legacies, Memories, and Social Movements. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190860936.003.0006.
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The concluding chapter summarizes the empirical results along the main analytic dimensions presented in the introduction. It discusses in particular the main theoretical insights in considering protest as a critical juncture and choice point. It also points to the role played by memories as resources and constraints and the strategic choices of movements as mnemonic agents. Memories are part of movements’ inheritance, working as anchors for contentious politics; they either offer cues and legitimacy or deny them. New generations learn from older ones, but they also often contest, or at least try to overcome, the mistakes of their seniors, following specific generational tastes for frames and action as well as technological opportunities. Opening to further research, the chapter stresses the importance of considering the effects of time and history on contentious politics especially in times of change.
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Dalton, Russell J. For Richer or Poorer, Politically Speaking. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198733607.003.0003.
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The civic voluntarism model holds that individual skills and resources are essential in predicting who will participate in politics. The chapter reviews the theoretical literature on why skills and resources matter. Analyses of the ISSP show the wide social-status gap in all forms of political participation, especially by education levels. Income, occupation, and other status attributes have additional effects. The rising levels of political participation, and the shift to new, direct forms of action produce a wide participation gap as a function of social status. This applies to conventional political activity such as contributing funds to a cause or contacting a political official, as well as contentious forms of action such as joining a demonstration or signing a petition. This large participation gap presents a theoretical and political dilemma for contemporary democracies.
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Dingwall, Joanna. International Law and Corporate Actors in Deep Seabed Mining. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898265.001.0001.
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Corporate participation within deep seabed mining raises unique challenges for international law. Commercial investment by private corporate actors in deep seabed mining is increasing. The deep seabed beyond national jurisdiction (the Area) comprises almost three-quarters of the entire surface area of the oceans, and it is home to an array of prized commodities including valuable metals and rare earth elements. These resources constitute the common heritage of mankind. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority (ISA) is responsible for regulating the Area for the benefit of humanity and granting mining contracts. Although mining activities in the Area remain at the exploration stage, in recent years, there has been a marked growth in investment by private corporate actors, and an increasing impetus towards exploitation. This increasing corporate activity presents challenges, including in relation to matters of common management, benefit sharing, marine environmental protection and investment protection. In part, these challenges stem from the often-contentious role of non-state actors, such as corporations, within the international legal system. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this study advances the discourse by addressing the extent of any tension between corporate commercial activity in the Area and the achievement of the common heritage of mankind.
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McLarney, Ellen Anne. The Islamic Homeland. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691158488.003.0006.
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This chapter traces the proliferation of debates over women's work—tangled dialectics among development experts, feminists, academics, politicians, Marxists, Azharis, Islamists, and journalists like Iman Muhammad Mustafa. Mustafa charts a specific chronological timeline of these debates, from 1974 to 1989, a period of intense economic and political liberalization in Egypt. In 1989, in the midst of economic crisis and Egypt's contentious negotiations with the International Monetary Fund, Mustafa published a ten-part series of articles in the mainstream economic journal al-Ahram al-Iqtisadi criticizing “the working woman.” The articles identified women as a great, untapped resource of human capital in Egypt. Using the statistics, charts, arguments, and language of development reports, Mustafa critiqued Western, secular, feminist valorization of remunerated labor through a celebration of the economic and social worth of women's work in the household economy.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 13. Adoption. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0013.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children's right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
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Kelly, Martina. Difficult Conversations. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190849900.003.0010.
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Evaluation of the medical humanities/health humanities is contentious. Medicine, steeped in a world of accountability, seeks evidence of effectiveness or impact, where evidence is confined to the measurable. Medical humanities, an eclectic interdisciplinary field, values the experiential, more suited to descriptive, qualitative forms of investigation. Rather than prize one approach over the other, clinician educators need to be methodologically flexible. The decision about which approach to use is best determined by the question(s) they wish to answer. This chapter briefly reviews some of the tensions medical educators face when deciding how to evaluate their teaching. It outlines a number of approaches to evaluation and gives examples from the medical humanities literature. Finally, it provides some resources to direct further inquiry.
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Begg, Iain. Social Investment and Its Discount Rate. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198790488.003.0015.
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Like any form of investment, social investment will generate a rate of return and will represent a good use of public funding only if that rate of return is high enough compared to alternative uses of the resources. As with assessments of the benefits of action to prevent climate change, it is important to identify the main costs and benefits over time and to take into account the cumulative results of longer-term effects. However, because many of the consequences of social investment only materialize in the longer run, the justification for making social investments will be crucially affected by the discount rate chosen. This chapter examines how social investment can best be assessed from an economic standpoint, drawing attention to aspects that may prove contentious.
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Sharma, Mukul. Dalit Memories and Water Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199477562.003.0004.
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Water is a deeply contentious issue, intersecting with caste, class, and gender in India in multifaceted ways, and producing complex cultural meanings and social hierarchies. Culturally, politically and economically, it has been a source of power. It has been controlled by the powerful, and used as a means to exert control over others. It has been a traditional medium for exclusion of Dalits in overt and covert ways: denying Dalits the right over, and access to, water; asserting monopoly of upper-castes over water bodies, including rivers, wells, tanks and taps; constructing casteist water texts in cultural and religious domains; obscuring Dalit narratives and knowledge of water; and rendering thinking and speaking about caste, water and Dalits together as peripheral to discourses on water. The chapter takes up two case studies from two different regions of Bihar, where Dalits have used water to represent their own ecological vision in a collective manner, drawing from a rich repertoire of their religious, cultural, and social resources. Cultural symbols and myths of Deena-Bhadri and Ekalavya are assembled by Dalits as a community tool-box, to demand river and fishing rights, and to attach themselves to pasts, places, and resources.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 19. Co-ownership and priorities:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0019.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the priority rules applicable where co-owned land is sold or mortgaged. It concentrates on overreaching.. It is theorised that s 27(1) of the Law of the Property Act 1925 (LPA 1925) provides the basis of overreaching. Other theories include that the basis of overreaching lies in the doctrine of conversion and the trustees’ powers of disposition. The chapter considers the preconditions for overreaching to take place and the practical division that arises between trusts with one and two (or more) trustees. The chapter explores the contentious question of the effect on overreaching where a transaction constitutes an intra vires or ultra vires breach of trust and the protection available to purchasers in those circumstances where a breach of trust precludes overreaching.
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Day, David. Antarctica. Oxford University Press, 2019. http://dx.doi.org/10.1093/wentk/9780190641320.001.0001.
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Part of the What Everyone Needs to Know® series, David Day's book on Antarctica examines the most forbidding and formidably inaccessible continent on Earth. Antarctica was first discovered by European explorers in 1820, and for over a century following this, countries competed for the frozen land's vast marine resources--namely, the skins and oil of seals and whales. Soon the entire territory played host to competing claims by rival nations. The Antarctic Treaty of 1959 was meant to end this contention, but countries have found other means of extending control over the land, with scientific bases establishing at least symbolic claims. Exploration and drilling by the United States, Great Britain, Russia, Japan, and others has led to discoveries about the world's climate in centuries past--and in the process intimations of its alarming future. Delving into the history of the continent, Antarctic wildlife, arguments over governance, underwater mountain rangers, and the continent's use in predicting coming global change, Day's work sheds new light on a territory that, despite being the coldest, driest, and windiest continent in the world, will continue to be the object of intense speculation and competition.
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Faiz, Asma. In Search of Lost Glory. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197567135.001.0001.
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This book traces the trajectory of Sindhi nationalism in its quest for lost glory. It examines the Sindhi nationalist movement through its various stages, ranging from pre-partition identity construction in pursuit of the separation of Sindh from Bombay, to the post-partition travails of a community which lost its identity and its capital as a result of the arrival of millions of migrants from India (Muhajirs) and of the actions of an over-bearing central government. Going beyond the state and its power play, the book examines the long history of Sindhi-Muhajir contestation for resources in the post-partition period. The book develops a comprehensive profile of the agency of nationalist parties in Sindh, including the Sindhudesh detour and the later fragmentation of the Jiye Sind movement, which was followed by the emergence of new parties. The author also analyzes the dual role of the Pakistan Peoples Party (PPP) as an ethnic entrepreneur inside the province while operating as a federal party outside Sindh. The book covers nationalist contention at three levels: the struggle for power between Sindh and a dominant Centre; the inter-ethnic conflict between Sindhis and Muhajirs; and the intra-ethnic contestation between the Sindhi nationalists themselves and the PPP.
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Lehmann, Scott. Privatizing Public Lands. Oxford University Press, 1995. http://dx.doi.org/10.1093/oso/9780195089721.001.0001.
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In the United States, private ownership of land is not a new idea, yet the federal government retains title to roughly a quarter of the nation's land, including national parks, forests, and wildlife refuges. Managing these properties is expensive and contentious, and few management decisions escape criticism. Some observers, however, argue that such criticism is largely misdirected. The fundamental problem, in their view, is collective ownership and its solution is privatization. A free market, they claim, directs privately owned resources to their most productive uses, and privatizing public lands would create a free market in their services. This timely study critically examines these issues, arguing that there is no sense of "productivity" for which it is true that greater productivity is both desirable and a likely consequence of privatizing public lands or "marketizing" their management. Lehmann's discussion is self-contained, with background chapters on federal lands and management agencies, economics, and ethics, and will interest philosophers as well as public policy analysts.
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Caldas, Roberto F. Introductory Note. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0032.
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During 2015, the Inter-American Court of Human Rights issued sixteen judgments in contentious cases and two interpretations of previous judgments that covered a wide variety of salient issues for the Inter-American System of Human Rights. The first case selected for this edition of the Yearbook deals with the obligations of states dealing with terrorist threats in the midst of internal armed conflict. The other three cases selected deal with the obligations of states in peacetime: specifically, the obligation to supervise private health providers, particularly when they carry out public functions, the obligation to protect the lives and integrity of women against gender-based violence, and the obligation to guarantee the collective property rights of indigenous peoples while also ensuring the conservation of natural resources. These cases are consistent with the Inter-American Court’s vast jurisprudence regarding states’ duty to guarantee the rights of persons who are particularly vulnerable to human rights abuses.
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Goodman, James. Nationalism as a Social Movement. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.267.
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Since the late eighteenth century, nationalist movements have been one of the world’s most powerful agents of social change. As a social movement, nationalism serves as a primary instrument both for popular aspiration and for ruling ideology. It is embedded in political contexts and can only be explained in relation to the resulting dynamics of contention. There is considerable debate over types of nationalist movements and their role in history, in large part because nationalism is not often explicitly conceptualized as a social movement. These debates, especially those that played out through the 1980s and into the mid-1990s, offer important insights into nationalist mobilization and its conditions of emergence and development. In order to understand the dynamics of nationalism as a social movement, one may draw insights from the “political process” school of social movement scholarship, where the exercise of state power is seen as framing movement identification and as structuring mobilization. Three interrelated dimensions deserve consideration in this regard: material interests and resources, institutional opportunities, and ideological framing of nationalist mobilization. Each is linked to the other by a process of capitalist development that creates systemic inequalities and fragments global society into national units. What emerges is a political sociology of nationalist movements, where movements are embedded in the social forces that they inhabit. The interaction of social forces and nationalist mobilization can be conceived of as a hierarchy, where one leads to the other.
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Jackson, Robert, Georg Sørensen, and Jørgen Møller. Introduction to International Relations. Oxford University Press, 2018. http://dx.doi.org/10.1093/hepl/9780198803577.001.0001.
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Introduction to International Relations provides a concise introduction to the principal international relations theories, and explores how theory can be used to analyse contemporary issues. Readers are introduced to the most important theories, encompassing both classical and contemporary approaches and debates. Throughout the text, the chapters encourage readers to consider the strengths and weaknesses of the theories presented, and the major points of contention between them. In so doing, the text helps the reader to build a clear understanding of how major theoretical debates link up with each other, and how the structure of the discipline of international relations is established. The book places a strong emphasis throughout on the relationship between theory and practice, carefully explaining how theories organize and shape our view of the world. It also shows how a historical perspective can often refine theories and provide a frame of reference for contemporary problems of international relations. Topics include realism, liberalism, International Society, International Political Economy, social constructivism, post-positivism in international relations, and foreign policy. Each chapter ends by discussing how different theories have attempted to integrate or combine international and domestic factors in their explanatory frameworks. The final chapter is dedicated to key global issues and how theory can be used as a tool to analyse and interpret these issues. The text is accompanied by online resources, which include: short case studies, review questions, annotated web links, and a flashcard glossary.
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Boatright, Robert G., and Valerie Sperling. Trumping Politics as Usual. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190065829.001.0001.
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Who is tougher? In many elections, candidates frame their appeals in gendered ways—they compete, for instance, over who is more “masculine.” This is the case for male and female candidates alike. In the 2016 presidential election, however, the stark choice between the first major-party female candidate and a man who exhibited a persistent pattern of misogyny made the use of gender—ideas about femininity and masculinity—more prominent than ever before. This book explores the Trump and Clinton campaigns’ use of gender as a political weapon, and how the presidential race changed the ways in which House and Senate campaigns were waged in 2016. The thesis of this book is that Donald Trump’s candidacy radically altered the nature of the 2016 congressional campaigns in two ways. First, it changed the issues of contention in many of these races by making gender more central to the general election campaigns of both Democrats and Republicans. Second, expectations that Trump would lose the election influenced how candidates for lower office campaigned and how willing they were to connect their fortunes to those of their party’s nominee. The fact that Trump was expected to lose—and was expected to lose in large part because of his sexist and other bigoted comments—caused both major parties to direct more of their resources toward congressional races, and led many Republican candidates—especially women—to distance themselves from Trump.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 11. Trusts. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0011.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes how equitable interests in land are acquired by the creation of a trust. It addresses the acquisition of resulting and constructive trusts of land. The resulting trust arises either through a reluctance to assume that A intended a gift, or to prevent B's unjust enrichment at A's expense. Constructive trusts arise in a number of circumstances in which it is considered unconscionable for the legal owner to assert his or her own beneficial ownership, and to deny the beneficial interest of another. They arise under the doctrine Rochefoucauld v Boustead, and the Pallant v Morgan equity. The doctrine in Rochefoucauld v Boustead imposes a constructive trust to prevent a transferee of land from fraudulently relying on the absence of compliance with formalities to deny a trust pursuant to which the land was transferred. The Pallant v Morgan constructive trust arises where one party acquires land pursuant to an informal commercial joint venture and reneges on an agreement that another party will have an interest in the land. The trust has been categorized as a form of ‘common intention constructive trust’ but this categorization is contentious.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 16. Interests in the home:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0016.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the acquisition question in relation to the family home through an analysis of the doctrines of resulting and constructive trusts. The chapter explains the different initial presumptions drawn in cases of joint and sole legal ownership and the particular approach that has been adopted in the case of a home purchased ‘in joint names for joint occupation by a married or unmarried couple, where both are responsible for any mortgage’. The chapter considers how the ‘common intention’ of parties in relation to the common intention constructive trust is determined differently in relation to the primary acquisition question (in cases of sole legal ownership) and the secondary question of the quantification of beneficial shares (applicable in cases of joint and sole beneficial ownership). The chapter addresses the contentious issue of the extent to which the courts’ broader approach to common intention in relation to quantification may be carried over to the primary acquisition question. is joint and equal beneficial ownership. The chapter considers statutory rights to occupy and current Law Commission proposals for reform.
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Just, Aida. Race, Ethnicity, and Political Behavior. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.238.
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Whether as a consequence of colonialism or more recent international migration, ethnic diversity has become a prominent feature of many contemporary democracies. Given the importance of ethnicity in structuring people’s identities, scholars have sought to incorporate ethnicity in their models of people’s political behavior. Studies focusing on individual support for group interests among ethnic minority members find that higher socioeconomic status generally leads to a reduced emphasis on ethnicity in forming individual political opinions. However, this relationship is often considerably weaker among ethnic minorities with frequent experiences of discrimination, pessimistic assessments of equal opportunities in a country, and social pressures from group members to comply with group norms. Research also shows that, in comparison to majority populations, members of ethnic minorities are generally less active in politics, more likely to use contentious forms of political action, and support left-wing political parties that promote minority interests. Key explanations of differences between ethnic minorities and majorities in Western democracies focus on the importance of individual and group resources as well as political empowerment via representation in policymaking institutions, usually enabled by higher shares of minority populations within electoral districts.
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Prud'homme, Alex. Hydrofracking. Oxford University Press, 2013. http://dx.doi.org/10.1093/wentk/9780199311262.001.0001.
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Constantly in the news and the subject of much public debate, fracking, as it is known for short, is one of the most promising yet controversial methods of extracting natural gas and oil. Today, 90 percent of natural gas wells use fracking. Though highly effective, the process-which fractures rock with pressurized fluid-has been criticized for polluting land, air, and water, and endangering human health. A timely addition to Oxford's What Everyone Needs to Know series, Hydrofracking tackles this contentious topic, exploring both sides of the debate and providing a clear guide to the science underlying the technique. In concise question-and-answer format, Alex Prud'homme cuts through the maze of opinions and rhetoric to uncover key points, from the economic and political benefits of fracking to the health dangers and negative effects on the environment. Prud'homme offers clear answers to a range of fundamental questions, including: What is fracking fluid? How does it impact water supplies? Who regulates the industry? How much recoverable natural gas exists in the U.S.? What new innovations are on the horizon? Supporters as diverse as President Obama and the conservative billionaire T. Boone Pickens have promoted natural gas as a clean, "21st-century" fuel that will reduce global warming, create jobs, and provide tax revenues, but concerns remain, with environmental activists like Bill McKibben and others leading protests to put an end to fracking as a means of obtaining alternative energy. Prud'homme considers ways to improve methods in the short-term, while also exploring the possibility of transitioning to more sustainable resources-wind, solar, tidal, and perhaps nuclear power-for the long term. Written for general readers, Hydrofracking clearly explains both the complex science of fracking and the equally complex political and economic issues that surround it, giving readers all the information they need to understand what will no doubt remain a contentious issue for years to come.
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Nepstad, Sharon Erickson. Catholic Social Activism. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479885480.001.0001.
Full textAbstract:
Catholic Social Activism asks a number of questions regarding Catholic faith and politics: How have American laypeople responded to contentious political moments, including times of war, severe economic trouble, human rights abuses, environmental degradation, and encounters with refugees fleeing these problems? How have they interpreted official church documents and translated them into progressive action for immigrant rights and women’s rights? And how have their movements influenced religious leaders and Catholic Social Teachings? Drawing upon in-depth interviews with activists, archival documents, and secondary resources, the book captures the lived religious experiences of progressive American Catholic activists. It explores how their faith has led them to innovative and sometimes controversial engagement in various movements, including the Catholic Worker, the United Farm Workers, peace movements, Catholic feminism, the Central America solidarity movement, the Sanctuary movement, and the environmental movement. The book argues that these activists have shaped the landscape of American Catholicism and pressured the Catholic hierarchy from below, often prompting them to take a stand and articulate the theological bases for social justice. In compelling prose, the book uncovers the progressive and sometimes radical history of American Catholics, whose stories have for too long remained on the margins of public awareness.
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Riley, Barry. The Political History of American Food Aid. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190228873.001.0001.
Full textAbstract:
This book discusses the 220-year history of the political and humanitarian uses of American food as a tool of both foreign and domestic policy. During these years, food aid has been used as a weapon against the expansion of bolshevism after World War I and communism after World War II, a cudgel to force policy changes by recalcitrant recipient governments, a method for balancing disputes between Israel and Egypt, a backdoor means of increasing military aid to Southeast Asia during the Vietnam War, a signal of support to friendly governments, and a resource to help achieve economic development in food-insecure countries. At home, international food aid has, at times, been used to dump troublesome food surpluses abroad and has served politicians as a tool to secure the votes of farming constituents and the political support of agriculture-sector lobbyists, commodity traders, transporters, and shippers. Most important in the minds of many, it has been the most visible—and most popular—means of providing humanitarian aid to tens of millions of hungry men, women, and children confronted, on distant shores, by war, terrorism, and natural cataclysms and the resulting threat—if not the reality—of famine and death. The book investigates the little-known, not well-understood, and often highly contentious political processes that have converted fields of grains, crops of pulses, and herds of livestock into the tools of U.S. government policy.
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Allen, Stephen, Daniel Costelloe, Malgosia Fitzmaurice, Paul Gragl, and Edward Guntrip, eds. The Oxford Handbook of Jurisdiction in International Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198786146.001.0001.
Full textAbstract:
Jurisdiction in international law limits the exercise of legal authority over international legal subjects. Yet, despite the fundamental role that jurisdiction plays in international law, the concept remains underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality or use the SS Lotus decision of the Permanent Court of International Justice (PCIJ) as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-state forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. Consequently, it is necessary to re-examine the concept of jurisdiction in international law with reference to its history, its contemporary application and how it needs to adapt to encompass future developments in international law. This book provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. It provides fresh insights into the practical and theoretical function and content of the doctrine of jurisdiction in contemporary international law. By examining the concept of jurisdiction in international law thematically, the book considers jurisdiction from historical, theoretical and practical perspectives. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings. The book is an invaluable resource for academics, students and practitioners with an interest in the role of jurisdiction in international law.
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Dillon, Michele. Postsecular Catholicism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190693008.001.0001.
Full textAbstract:
Amid increased secularization, there is new appreciation for the relevance of moderate religion, such as Catholicism, in redirecting the ethical commitments of contemporary society. The postsecular affirmation of the mutual significance of religious and secular resources provides the Church with a renewed opportunity for engagement with public societal issues and for institutional revitalization among Catholics. It requires, however, a dialogue between doctrinal ideas and the increasingly secularized experiences and expectations of Catholics, as well as others. This book examines how the Church negotiates this task. Anchored in the context of American Catholicism, it aims to help the reader understand why Catholicism continues to have relevance, notwithstanding its multiple tensions. Critical here is recognition of the fact that the Church is not a monolithic entity but, instead, is characterized by, and allows, a dynamic interpretive diversity among laity, bishops, and the Vatican. The book presents case analyses and survey data showing how the crosscutting pull of religious and secular currents plays out across a number of contentious societal and intra-Church issues. Among the topics examined are economic inequality, climate change, gay sexuality, divorce and remarriage, women’s ordination, and religious freedom. This inquiry demonstrates the strategies and processes by which tradition and change, authority and autonomy, and doctrinal ideas and secular realities are held together in Catholicism.
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Pratley, J., and A. Robertson. Agriculture and the Environmental Imperative. CSIRO Publishing, 1998. http://dx.doi.org/10.1071/9780643104877.
Full textAbstract:
The role of agriculture and its impact on Australia's relatively fragile environment is a continuing source of unresolved concern. In the past, agricultural producers and the environmental movement have adopted polarised views on how the Australian landscape should be managed.
 Some environmentalists have perceived primary producers as exploiters of our natural resources while some farmers have viewed environmental groups as achieving legislative changes without regard to the need to earn a living from the land.
 In recent times, however, considerable progress has been made. Research has provided a well-advanced understanding of environmental capability and it is no longer seen as acceptable for land managers to continue with practices that exacerbate land degradation. Most farmers desire reclamation and ultimate sustainability.
 This book offers a definitive and positive contribution to the significance, responsibilities and accountabilities of agriculture and highlights the underpinning role of science in environmental issues.
 Prepared for the Ninth Australian Agronomy Conference on ‘Growing a Greener Future’, the book provides an up-to-date account of the scientific knowledge of some major environmental problems facing farmlands. It also raises many contentious issues that need to be addressed.
 Agriculture and the Environmental Imperative will make a positive contribution to the convergence of attitudes of farmers, environmentalists and government in the search for sustainability.
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Francis, Leslie, ed. The Oxford Handbook of Reproductive Ethics. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199981878.001.0001.
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Reproductive ethics poses many of the most controversial issues of our time. Questions about the roles, rights, and responsibilities of parents force us to think about individual autonomy, the nature of the family, and relationships between private institutions and the state. And reproduction is not only about procreators but raises deeply divisive issues about gametes, embryos, fetal issue, and the moral status of the fetus or newborn child. This volume boldly addresses these and other issues, grounding their treatment in careful and reasoned philosophical analysis. To take just a few of the questions in the volume: Is reproductive care a human right? Should infertility treatment be provided from socially shared resources? Is abortion ethically permissible and, if so, in what circumstances? Is surrogate gestation ethically permissible? Do procreators have duties to support their children, even if they have tried to prevent conception? Are there asymmetries between the responsibilities of males and females and should male contraception be developed as a matter of social justice? Are there characteristics that disqualify people as parents and, if so, what are these characteristics? Do potential procreators have a duty to try to conceive under favorable circumstances, or refrain from conceiving if they cannot? Do health care providers have rights of conscience to decline to provide certain types of care, even if it is legally permissible? This volume brings together scholars and practitioners from a wide range of disciplines-bioethics, ethics, law, political science, and medicine-to address these and other deeply contentious questions. The essays in the volume are all new, written by both very well-known and emerging scholars in their fields. They represent liberal, feminist, conservative, and radical theoretical perspectives and are designed to challenge thinking in the field for years to come.