the public nature of private property law property and society

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The Public Nature Of Private Property

Author : Michael Diamond
ISBN : 9781317018551
Genre : Law
File Size : 54. 99 MB
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What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Property And Sovereignty

Author : James Charles Smith
ISBN : 9781317074687
Genre : Law
File Size : 87. 11 MB
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This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Private Property Community Development And Eminent Domain

Author : Robin Paul Malloy
ISBN : 9781317075677
Genre : Law
File Size : 89. 9 MB
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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

On Private Property

Author : Eric T. Freyfogle
ISBN : 0807044164
Genre : Business & Economics
File Size : 82. 46 MB
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A fresh legal argument on what it means to own land, navigating issues of eminent domain, sprawl, and conservation Private property poses a great dilemma in American culture. We revere the institution and are quick to protect private-property rights, yet we are troubled when landowners cause harm to their neighbors and communities, especially when new development fuels sprawl and degrades the environment. Recent Supreme Court cases and new state laws around eminent domain have generated great controversy, and yet many people are unsure where they stand on this issue. In this wide-ranging inquiry, law professor Eric Freyfogle explores the inner workings of the familiar but poorly understood institution of private property. He identifies the three threats it currently faces: government mismanagement, the recently reinvigorated property rights movement, and conservation groups’ efforts to buy tracts of land in order to protect them. He then offers a solution in the middle ground between the extreme sides of these debates. In On Private Property, Freyfogle gives glimpses of landownership’s surprising past, revealing its complex links to liberty and ultimately showing why private property rights must remain consistent with a community’s overall good. In conclusion, Freyfogle constructs piece by piece a provocative new vision of landownership, at once respectful of private interests yet responsive to communal needs. “Freyfogle's new book, which probably should have been titled "Roll Over, John Locke," is just what the public debate over property rights needs. Straight talk, and an invitation to open a conversation about the real issues.” —Joseph L. Sax, author of Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures “A fresh perspective and penetrating legal and historical analysis of an issue that will continue to be in the forefront of land policy in the 21st century.” —Anthony Flint, Lincoln Institute of Land Policy, author of This Land: The Battle over Sprawl and the Future of America “In a work that eschews easy slogans, Eric Freyfogle proves the truth about American property rights—that original intent, early court opinions, and the realities of modern society all mandate that ownership brings with it weighty but reasonable responsibilities to the larger community. This beautifully-articulated book, at once bold and thoughtful, is bound to become a classic in American constitutional and property law.” —Charles Wilkinson, Distinguished University Professor and Moses Lasky Professor of Law at the University of Colorado and author of Crossing the Next Meridian: Land, Water, and the Future of the West

Property Rights And Natural Resources

Author : Richard Barnes
ISBN : 9781847315038
Genre : Law
File Size : 36. 21 MB
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Winner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009. The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.

Property Rights And Sustainability

Author : David Grinlinton
ISBN : 9789004182646
Genre : Law
File Size : 40. 41 MB
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This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

Proceedings Of The American Society Of International Law At Its Annual Meeting

Author : American Society of International Law
ISBN : PSU:000070372700
Genre : International law
File Size : 64. 94 MB
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Property And Freedom

Author : Richard Pipes
ISBN : 9781409001850
Genre : Fiction
File Size : 55. 16 MB
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One of the most enduring dreams is of a Utopian society in which all possessions are held in common ownership, and there is never a quarrel over "mine" and "thine". As Professor Pipes argues in this book, such a dream has never been translated into reality in the secular world, despite the best efforts of socialist and communist ideologues. Acquisitiveness is deeply ingrained in all living creatures and all societies for both economic and psychological reasons. Where there are no guarantees of property there are no limits to state authority and no regulatory bodies of law, and hence no guarantee of individual liberty, or "civil rights". Herein lies the crux of the author's argument.

Private Property And Environmental Responsibility

Author : Murray J. Raff
ISBN : 9789041121288
Genre : Law
File Size : 85. 83 MB
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This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.

Property For People Not For Profit

Author : Ulrich Duchrow
ISBN : 9781848137592
Genre : Political Science
File Size : 33. 71 MB
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The issue of private property and the rights it confers remain almost undiscussed in critiques of globalization and free market economics. Yet property lies at the heart of an economic system geared to profit maximization. The authors describe the historically specific and self-consciously explicit manner in which it emerged. They trace this history from earliest historical times and show how, in the hands of Thomas Hobbes and John Locke in particular, the notion of private property took on its absolutist nature and most extreme form - a form which neoliberal economics is now imposing on humanity worldwide through the pressures of globalization. They argue that avoiding the destruction of people‘s ways of living and of Nature requires reshaping our notions of private property. They look at practical ways for social and ecumenical movements to press for alternatives.

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