Interesting proposition, but would these potential legal solutions apply realistically to present-situation in Israel-Palestine or South Africa?
This is why concepts like statute of limitations and laches are an indispensable necessity for civilized and humane property law. Otherwise all title would be subject to endless disputes by multiple claimants.https://twitter.com/MattPirkowski/status/981977781184548865 …
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Depends on recency & quality of evidence wrt a specific property and dispute. There must be records of specific owners & their heirs: "give the land back to X group of people" is vile racism & its own historical crime, "give the land back to specific heir Mrs. X" can be just.
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Ok but how can you apply this Individual method of settling, or reparations to large scale land grabs? Are you going to go through an entire population one by one tying up the courts in clear case of domination (theft) by force justified on flimsy grounds?
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You are talking in vague generalities which makes it hard to give a specific answer. Please give a specific example?
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Both claim ownership of land based upon religious and historical ground. Both fought wars over it, without any resolution.
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Those aren't legal arguments, they are political ones that can only be settled by brutal bloodshed.
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Is it reasonable to say that all claims sufficiently far in the past are not worth the equivalent claim in the present? For example, all things equal, if I served you toast 50 years ago versus today?
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Yes. Evidence decays, memories fade, political fashions blow with the wind.
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Laches is an odd word
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English common law is full of otherwise forgotten old words, often old French words ( from Old French lasche "lax, remiss").
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Where's the related unenumerated article on this?
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I'd forgotten about this one! https://unenumerated.blogspot.com/2008/03/laches.html …
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I feel like past-Nick has covered roughly everything core to what present-Nick cares about.
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That’s exactly why inflation is a good thing. It’s forgiveness.
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Of contract obligations not of a property dispute. Extremely different things.
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Are those sustainable concepts in the face of generational grievances, religious disputes, etc. though? And in a world with many jurisdictions?
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It's why it is deadly to use such grievances and disputes to confiscate property. Such disputes cannot be fairly settled, they can only be fought through brute politics or even raw brute force ad infinitum.
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Agreed. Even if there is no law that enforces statute of limitations, it’s important to embrace the concept to defend yourself against those grievances.
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