Fine on alienation

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A fine on alienation (see Alienation (property law)), in feudal law, was a sum of money paid to the lord by a tenant when he had occasion to make over his land to another. It is similar in nature to a relief , a payment made by an heir to the lord to receive his inheritance.

In property law, alienation is the voluntary act of an owner of some property disposing of the property, while alienable is the capacity for a piece of property or a property right to be sold or otherwise transferred from one party to another. Most property is alienable, but some may be subject to restraints on alienation. In England under the feudal system, land was generally transferred by subinfeudation and alienation required licence from the overlord. Some objects are incapable of being regarded as property and are inalienable, such as people and body parts. Aboriginal title is one example of inalienability in common law jurisdictions. A similar concept is non-transferability, such as tickets. Rights commonly described as a licence or permit are generally only personal and are not assignable. However, they are alienable in the sense that they can generally be surrendered.

Feudal relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to license him to take possession of his fief, i.e. an estate-in-land, by inheritance. It is comparable to a death duty or inheritance tax.


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Marxs theory of alienation

Karl Marx's theory of alienation describes the estrangement (Entfremdung) of people from aspects of their Gattungswesen ("species-essence") as a consequence of living in a society of stratified social classes. The alienation from the self is a consequence of being a mechanistic part of a social class, the condition of which estranges a person from their humanity.

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Statutes of Mortmain

The Statutes of Mortmain were two enactments, in 1279 and 1290, by Edward I of England aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation such as the church was known as mortmain. Mortmain literally means "the dead hand." In Medieval England, feudal estates generated taxes upon the inheritance or granting of the estate.

Parental alienation is the process, and the result, of psychological manipulation of a child into showing unwarranted fear, disrespect or hostility towards a parent and/or other family members. It is a distinctive form of psychological abuse and family violence, towards both the child and the rejected family members, that occurs almost exclusively in association with family separation or divorce, particularly where legal action is involved. The most common cause is one parent wishing to exclude the other parent from the life of their child, though family members or friends, as well as professionals involved with the family, may contribute to the process. Parental alienation often leads to the long-term, or even lifelong, estrangement of a child from one parent and other family members and, as a significant adverse childhood experience and form of childhood trauma, results in significantly increased lifetime risks of both mental and physical illness.

<i>Quia Emptores</i>

Quia Emptores is a statute passed in the reign of Edward I of England in 1290 that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute of Quo Warranto (1290), was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system during the High Middle Ages.

Parental alienation syndrome (PAS) is a term introduced by child psychiatrist Richard Gardner in 1985 to describe a distinctive suite of behaviors in children that includes showing extreme but unwarranted fear, disrespect or hostility towards a parent. Observed repeatedly in families involved in child custody litigation, these behaviors result from psychological manipulation or undue influence, typically by the other parent who may be attempting to prevent an ongoing relationship between a child and other family members after family separation or divorce. The term has not been widely accepted either by the medical or legal communities and Gardner's term, and related research, has been criticized by legal and mental health scholars for lacking scientific validity and reliability. However, the derivative term parental alienation is increasingly recognized as a dynamic in some separating families.

Overlord Lord of a tenant

An overlord in the English feudal system was a lord of a manor who had subinfeudated a particular manor, estate or fee, to a tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually military service or serjeanty, depending on which form of tenure the estate was held under. The highest overlord of all, or paramount lord, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, owned by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably King John (1199-1216) purported to grant the Kingdom of England to the Pope, who would thus have become overlord to English monarchs. A paramount lord may thus be seen to occupy the apex of the feudal pyramid, or the root of the feudal tree, and such allodial title is also termed "radical title", "ultimate title" and "final title". William the Conqueror immediately set about granting tenancies on his newly won lands, in accordance with feudal principles. The monarch's immediate tenants were the tenants-in-chief, usually military magnates, who held the highest status in feudal society below the monarch. The tenants-in-chief usually held multiple manors or other estates from the monarch, often as feudal barons who owed their royal overlord an enhanced and onerous form of military service, and subinfeudated most to tenants, generally their own knights or military followers, keeping only a few in demesne. This created a mesne lord - tenant relationship. The knights in turn subinfeudated to their own tenants, creating a further subsidiary mesne lord - tenant relationship. Over the centuries for any single estate the process was in practice repeated numerous times. In early times following the Norman Conquest of 1066 and the establishment of feudalism, land was usually transferred by subinfeudation, rarely by alienation, which latter in the case of tenants-in-chief required royal licence, and the holder of an estate at any particular time, in order to gain secure tenure, and if challenged by another claimant, needed to prove "devolution of title" evidenced by legal deeds or muniments back up the chain of subinfeudations to a holder whose title was beyond doubt, for example one who had received the estate as a grant by royal charter witnessed and sealed by substantial persons. Although feudal land tenure in England was abolished by the Tenures Abolition Act 1660, in modern English conveyancing law the need to prove devolution of title persisted until recent times, due to a "legal fiction" that all land titles were held by the monarch's subjects as a result of a royal grant. Proving devolution of title is no longer necessary since the creation of the land registry and the requirement to compulsorily register all land transactions on this governmental record, which registration provides a virtually unchallengeable and perfectly secure title of ownership.

Richard Alan Gardner was an American child psychiatrist known for his work in psychotherapy with children, parental alienation and child custody evaluations. Gardner introduced the term Parental alienation syndrome (PAS). He wrote 41 books and more than 200 professional journal articles and book chapters. He developed child play therapy and test materials which he published through his company Creative Therapeutics. Gardner was an expert witness in child custody cases. Gardner and his work have been both disputed and supported.

A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property. Under the common law such restraints are void as against the public policy of allowing landowners to freely dispose of their property. Perhaps the ultimate restraint on alienation was the fee tail, a form of ownership which required that property be passed down in the same family from generation to generation, which has also been widely abolished.

Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors and therapists or clergy members who have advised a spouse to seek divorce have also been sued for alienation of affections.

Attornment, in English real property law, is the acknowledgment of a new lord by the tenant on the alienation of land. Under the feudal system, the relations of landlord and tenant were to a certain extent reciprocal. So it was considered unreasonable to the tenant to subject him to a new lord without his own approval, and it thus came about that alienation could not take place without the consent of the tenant. Attornment was also extended to all cases of lessees for life or for years. The necessity for attornment was abolished by an act of 1705.

Social alienation is "a condition in social relationships reflected by a low degree of integration or common values and a high degree of distance or isolation between individuals, or between an individual and a group of people in a community or work environment". It is a sociological concept developed by several classical and contemporary theorists. The concept has many discipline-specific uses, and can refer both to a personal psychological state (subjectively) and to a type of social relationship (objectively).

An allod, also allodial land or allodium, refers, in the law of the Middle Ages and early Modern Period and especially within the Holy Roman Empire, to a freehold estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation.

The history of English land law can be traced into Roman times, and through the Dark Ages under Saxon monarchs where, as for most of human history, land was the dominant source of personal wealth. English land law transformed from the industrial revolution and over the 19th century, as the political power of the landed aristocracy diminished, and modern legislation increasingly made land a social form of wealth, subject to extensive social regulation, such as for housing, national parks, and agriculture.

At common law, criminal conversation, commonly known as crim. con., is a tort arising from adultery, abolished in almost all jurisdictions.

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Reification (Marxism)

In Marxism, reification is the process by which social relations are perceived as inherent attributes of the people involved in them, or attributes of some product of the relation, such as a traded commodity.

Edward Kruk is a Canadian sociologist, scientist and expert who has done internationally recognized research on child custody determination, shared parenting, family mediation, divorced fathers, parental alienation, parental addiction, child protection and grandparent access to their grandchildren. He is an associate professor of social work at the University of British Columbia. Kruk is the founding president of the International Council on Shared Parenting.