Property conceptualized by right to exclude property related to governance relationships – between humans and land – Infringe property rights by inappropriate use of song/dance/crest no entitlement – (similar to copyright) Property compensation for death termination of property with time, – mother’s death Or if can’t meet feast obligation (like mortgage) Property has a political dimension need to recreate property rights – Expire certain amount of time Ex. Cnd presence in Arctic the bounds” exercising rights “beating – Also trademark system ownership of territory is a marriage of the and the land. Each Chief has an “[T]he ancestor who encountered and acknowledged the life of the land. From such encounters came power. The land, the plants, the animals and the people all have spirit they all must – be shown respect. That is the basis of our law” Discussion Points: Linkage between concepts of property/governance Bundle of rights replaces or displaced by bundle of obligations Connections between property rights and environment Property rights embedded in larger context Respect: integral aspect of property regime System of Feudal Tenure Doctrine of tenure describes relationship between tenant and lord Feudal Tenure Subordination and protection Freehold Tenure Owner and occupier law Allodial land-holding system individual is the owner – Tenurial system - individual the land to someone superior Canada = tenurial in form, allodial in substance (crown has underlying ownership of land System: Crown --- tenant in chief (in capite) --- mesne lords (lord and vassal) --- tenant in demesne (vassal in possession of land) *all landholders tenants Purpose of tenure system allocate societal tasks/roles, tax system, justice system – Obligations between lords and tenants protection for loyalty – Types of tenure (free)
Property conceptualized by right to exclude – property related to governance relationships – between humans and land Infringe property rights by inappropriate use of song/dance/crest – no entitlement (similar to copyright) Property compensation for death – termination of property with time, mother’s death Or if can’t meet feast obligation (like mortgage) Property has a political dimension – need to recreate property rights Expire certain amount of time Ex. Cnd presence in Arctic “beating the bounds” – exercising rights Also trademark system “[T]he ownership of territory is a marriage of the and the land. Each Chief has an ancestor who encountered and acknowledged the life of the land. From such encounters came power. The land, the plants, the animals and the people all have spirit – they all must be shown respect. That is the basis of our law” Discussion Points: Linkage between concepts of property/governance Bundle of rights replaces or displaced by bundle of obligations Connections between property rights and environment Property rights embedded in larger context Respect: integral aspect of property regime System of Feudal Tenure Doctrine of tenure describes relationship between tenant and lord Feudal Tenure Subordination and protection Freehold Tenure Owner and occupier law Allodial land-holding system – individual is the owner Tenurial system - individual the land to someone superior Canada = tenurial in form, allodial in substance (crown has underlying ownership of land System: Crown --- tenant in chief (in capite) --- mesne lords (lord and vassal) --- tenant in demesne (vassal in possession of land) *all landholders tenants Purpose of tenure system – allocate societal tasks/roles, tax system, justice system Obligations between lords and tenants – protection for loyalty Types of tenure (free)
Reynolds_60_Full_2013_Kellan_McKeen.docx