Abstract

http://ssrn.com/abstract=1260366
 
 

Footnotes (181)



 


 



The Universal Law of the Land


Amnon Lehavi


Interdisciplinary Center Herzliyah - Radzyner School of Law

August 28, 2008


Abstract:     
Are we witnessing the gradual globalization of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy, by virtue of their reflecting place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, basing itself on an historical, comparative, and theoretical study of the structures and strictures of domestic land laws and of current cross-border phenomena that dramatically affect national land systems.

The central thesis of this Article is that, irrespective of our basic, normative viewpoint regarding the opening up of domestic land laws to the forces of "globalization," we must come to terms with the particularly difficult institutional and jurisprudential constraints that are involved in undermining the local basis of land laws. Thus, if we wish to systematically succeed in intensifying cross-border land law rules, we need to construct more comprehensive supra-national institutions, prevent normative over-fragmentation within each legal system, and pay close attention to local-specific interplays between law, politics, economics, and culture.

Number of Pages in PDF File: 32

Keywords: land, property theory, international, globalization, institutions, norms, jurisprudence, history, society, culture, economics, common law, civil law, comparative law, conflict of laws, human rights

JEL Classification: F02, F3, F4, F15, F21, K11, K33, O2, O16, O19, P5, R51, R52

working papers series





Download This Paper

Date posted: September 1, 2008  

Suggested Citation

Lehavi, Amnon, The Universal Law of the Land (August 28, 2008). Available at SSRN: http://ssrn.com/abstract=1260366 or http://dx.doi.org/10.2139/ssrn.1260366

Contact Information

Amnon Lehavi (Contact Author)
Interdisciplinary Center Herzliyah - Radzyner School of Law ( email )
P.O. Box 167
Herzliya, 46150
Israel
972 9 9602765 (Phone)
972 9 9568605 (Fax)
HOME PAGE: http://www.idc.ac.il
Feedback to SSRN


Paper statistics
Abstract Views: 969
Downloads: 173
Download Rank: 103,567
Footnotes:  181

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds