Download or read book Property Expropriation and Ethics written by Jean Bodin Society for the Comparative History of Institutions. Congress and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economics and Ethics of Private Property written by Hans-Hermann Hoppe and published by Ludwig von Mises Institute. This book was released on 2006 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property and Human Flourishing written by Gregory S. Alexander and published by Oxford University Press. This book was released on 2018 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?
Download or read book Property Rights and Eminent Domain written by Ellen Frankel Paul and published by Routledge. This book was released on 2017-09-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
Download or read book Markets and Ethics in U S Property Law written by Arthur F. McEvoy and published by . This book was released on 1996 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Rights and Expropriation in Ethiopia written by Daniel W. Ambaye and published by Springer. This book was released on 2015-02-13 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
Download or read book Property Rights and Land Policies written by Gregory K. Ingram and published by Lincoln Inst of Land Policy. This book was released on 2009 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Race Theft and Ethics written by Lovalerie King and published by LSU Press. This book was released on 2007-12-01 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Race, Theft, and Ethics, Lovalerie King examines African American literature's critique of American law concerning matters of property, paying particular attention to the stereotypical image of the black thief. She draws on two centuries of African American writing that reflects the manner in which human value became intricately connected with property ownership in American culture, even as racialized social and legal custom and practice severely limited access to property. Using critical race theory, King builds a powerful argument that the stereotype of the black thief is an inevitable byproduct of American law, politics, and social customs. In making her case, King ranges far and wide in black literature, looking closely at over thirty literary works. She uses four of the best-known African American autobiographical narratives -- Narrative of the Life of Frederick Douglass, Harriet Jacobs's Incidents in the Life of a Slave Girl, Booker T. Washington's Up From Slavery, and Richard Wright's Black Boy -- to reveal the ways that law and custom worked to shape the black thief stereotype under the institution of slavery and to keep it firmly in place under the Jim Crow system. Examining the work of William Wells Brown, Charles Chesnutt, James Weldon Johnson, and Alice Randall, King treats "the ethics of passing" and considers the definition and value of whiteness and the relationship between whiteness and property. Close readings of Richard Wright's Native Son and Dorothy West's The Living is Easy, among other works, question whether blacks' unequal access to the economic opportunities held out by the American Dream functions as a kind of expropriation for which there is no possible legal or ethical means of reparation. She concludes by exploring the theme of theft and love in two famed neo-slave or neo-freedom narratives—Toni Morrison's Beloved and Charles Johnson's Middle Passage. Race, Theft, and Ethics shows how African American literature deals with the racialized history of unequal economic opportunity in highly complex and nuanced ways, and illustrates that, for many authors, an essential aspect of their work involved contemplating the tensions between a given code of ethics and a moral course of action. A deft combination of history, literature, law and economics, King's groundbreaking work highlights the pervasiveness of the property/race/ethics dynamic in the interfaces of African American lives with American law.
Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Download or read book Whereas a Judge s Premises written by Charles Edward Wyzanski and published by Praeger. This book was released on 1976 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ethical Addresses and Ethical Record written by and published by . This book was released on 1907 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anthropology of Law in Muslim Sudan written by Barbara Casciarri and published by BRILL. This book was released on 2018-04-03 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
Download or read book Property Without Rights written by Michael Albertus and published by Cambridge University Press. This book was released on 2021-01-07 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Download or read book The Ethics of Liberty written by Murray N. Rothbard and published by NYU Press. This book was released on 2015-07-04 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authoritative text on the libertarian political position In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position. Rothbard’s unique argument roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. And while his conclusions are radical—that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state—Rothbard’s applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions. The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This classic book’s radical insights are sure to inspire a new generation of readers.
Download or read book Lockean Property Ethics and Restitution written by David Jarrett and published by Taylor & Francis. This book was released on 2022-07-20 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, David Jarrett argues that the influential Lockean thesis of justice in property, which traces back to John Locke, seems to entail much egalitarian property redistribution. Put briefly, Lockeans argue that people justly own: (1) any unowned natural resources they labour on, (2) any resources they receive via voluntary transfer from a legitimate owner, and (3) any resources they legitimately receive in compensation for harm done to their person or legitimately held property. However, a question that has been largely overlooked by Lockeans is how to address the problem of property which did not arise in line with Lockean justice. What do we do about property which derives from feudal and colonial conquest, for example? Drawing on a range of theoretical and historical sources, this book argues that the legal concept of restitution is the most reasonable way to address the problem. If we apply this concept, it appears that much property in the world is held unjustly and should be redistributed in an egalitarian manner. Lockean Property Ethics and Restitution will be of interest to political theorists and philosophers alike.
Download or read book Ethics of the Legal Profession written by Orrin Nelson Carter and published by . This book was released on 1915 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Ethics of Altruism written by Jonathan Seglow and published by Routledge. This book was released on 2004-02-19 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The chief problem of human life', wrote Auguste Comte, 'is the subordination of egoism to altruism.' This collection examines the nature and value of altruism as a moral virtue, restoring it to its proper place at the centre of our moral and political thinking. The first five essays in the collection explore the relationship between altruism and other moral concepts such as self-interest, autonomy, community and impartiality. The five essays in the second part show how altruism is invoked in practical moral problems, including aid to developing countries, the market for human body parts, multiculturalism and the politics of recognition, and medical ethics. Through these discussions, the central role of altruism in moral thinking is brought into sharper focus.
