Download or read book American Property written by Stuart Banner and published by Harvard University Press. This book was released on 2011-07-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America, we are eager to claim ownership: our homes, our ideas, our organs, even our own celebrity. But beneath our nation’s proprietary longing looms a troublesome question: what does it mean to own something? More simply: what is property? The question is at the heart of many contemporary controversies, including disputes over who owns everything from genetic material to indigenous culture to music and film on the Internet. To decide if and when genes or culture or digits are a kind of property that can be possessed, we must grapple with the nature of property itself. How does it originate? What purposes does it serve? Is it a natural right or one created by law? Accessible and mercifully free of legal jargon, American Property reveals the perpetual challenge of answering these questions, as new forms of property have emerged in response to technological and cultural change, and as ideas about the appropriate scope of government regulation have shifted. This first comprehensive history of property in the United States is a masterly guided tour through a contested human institution that touches all aspects of our lives and desires. Stuart Banner shows that property exists to serve a broad set of purposes, constantly in flux, that render the idea of property itself inconstant. Despite our ideals of ownership, property has always been a means toward other ends. What property signifies and what property is, we come to see, has consistently changed to match the world we want to acquire.

Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press. This book was released on 2008 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the interplay of law, ideology, politics and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. The third edition has been completely revised and updated.

Download or read book The Birth of the Property Rights Movement written by Steven J. Eagle and published by . This book was released on 2005 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the past century, Americans who own property--omeowners, landlords, businesspeople of all kinds, even nonprofit organizations such as churches and charities--ave found themselves increasingly entangled in a web of regulatory restrictions that have limited what they can do with their property. Imposed in the name of an amorphous 'public interest', those restrictions have often been unwarranted and severe, resulting in untold personal and financial losses. By century's end they had led to the birth of the property rights movement and to a call for both legislative and judicial redress. The movement is likely only to grow in the 21st century. America's founding principles are grounded in the idea of private property. It is property, after all, that enables individuals and organizations to exercise their other rights and enjoy the liberty that property affords. With the rise of the regulatory state during the Progressive Era, however, those rights were increasingly compromised, especially after the Supreme Court upheld restrictive zoning in 1926. That decision opened the door to a host of "permitting" regimes--ederal, state, and local--the effect of which has been to tell owners that they can use their property only after they have been authorized to do so by government. That placed immense and often arbitrary power in the hands of government, leaving owners to face a long and expensive series of procedural and substantive hurdles before they could enjoy their property rights. Although the Court has checked some of those restrictions in recent years, owners still bear the brunt of the burden of justifying their rights. What is worse, the Court recently upheld the government's taking and transfer of homes from owners to private redevelopers, hoping their projects would create jobs and tax revenues. To try to address those problems, about half of the states have enacted laws to protect private owners' rights to use their property. While most require government agencies simply to 'assess' whether their actions might impinge on property rights, a few provide for compensation to owners and curtail abusive takings, while many more are considering such legislation. At the federal level, Congress has considered three forms of legislation: measures that would require such assessments; measures that would provide statutory compensation for certain federal agency actions; and measures that would remove procedural roadblocks that frustrate efforts by owners to challenge federal, state, and local regulations of property. To date, however, none of those federal efforts has succeeded. The property rights movement needs to continue to build on its successes. To be effective, however, it must adopt a principled approach. It must reunite America with its common law and constitutional heritage, which affirms that individuals have rights in their property and property in their rights. Finally, it must recognize that the ultimate protection for private property will be found in reducing government to its legitimate functions"--Cato Institute web site.

Download or read book Property Rights in Land written by Rosa Congost and published by Taylor & Francis. This book was released on 2016-10-04 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights in Land widens our understanding of property rights by looking through the lenses of social history and sociology, discussing mainstream theory of new institutional economics and the derived grand narrative of economic development. Written by a collection of expert authors, the chapters delve into social processes through which property relations became institutionalized and were used in social action for the appropriation of resources and rent. This was in order to gain a better understanding of the social processes intervening between the institutionalized ‘rules of the game’ and their economic and social outcomes.

Download or read book Women and the Law of Property in Early America written by Marylynn Salmon and published by Chapel Hill : University of North Carolina Press. This book was released on 1986 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women and the Law of Property in Early America

Download or read book The Moral Property of Women written by Linda Gordon and published by University of Illinois Press. This book was released on 2002-09-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, The Moral Property of Women is a thoroughly updated and revised version of the award-winning historian Linda Gordon’s classic study, Woman’s Body, Woman’s Right (1976). It is the only book to cover the entire history of the intense controversies about reproductive rights that have raged in the United States for more than 150 years. Arguing that reproduction control has always been central to women’s status, Gordon shows how opposition to it has long been part of the entrenched opposition to gender equality.

Download or read book The Prehistory of Private Property written by Karl Widerquist and published by Screening Antiquity. This book was released on 2021-02-28 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the origin and development of the private property rights system from prehistory to the present day This book debunks three false claims commonly accepted by contemporary political philosophers regarding property systems: that inequality is natural, inevitable, or incompatible with freedom; that capitalism is more consistent with negative freedom than any other conceivable economic system; and that the normative principles of appropriation and voluntary transfer applied in the world in which we live support a capitalist system with strong, individualist and unequal private property rights. The authors review the history of the use and importance of these claims in philosophy, and use thorough anthropological and historical evidence to refute them. They show that societies with common-property systems maintaining strong equality and extensive freedom were initially nearly ubiquitous around the world, and that the private property rights system was established through a long series of violent state-sponsored aggressions.

Download or read book Privilege and Property written by Ronan Deazley and published by Open Book Publishers. This book was released on 2010 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.

Download or read book Owning the Earth written by Andro Linklater and published by A&C Black. This book was released on 2014-01-01 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barely two centuries ago, most of the world's productive land still belonged either communally to traditional societies or to the higher powers of monarch or church. But that pattern, and the ways of life that went with it, were consigned to history as a result of the most creative - and, at the same time, destructive - cultural force in the modern era: the idea of individual, exclusive ownership of land. This notion laid waste to traditional communal civilisations, displacing entire peoples from their homelands, and brought into being a unique concept of individual freedom and a distinct form of representative government and democratic institutions. Other great civilizations, in Russia, China, and the Islamic world, evolved very different structures of land ownership, and thus very different forms of government and social responsibility.The seventeenth-century English surveyor William Petty was the first man to recognise the connection between private property and free-market capitalism; the American radical Wolf Ladejinsky redistributed land in Japan, Taiwan and South Korea after the Second World War to make possible the emergence of Asian tiger economies. Through the eyes of these remarkable individuals and many more, including Chinese emperors and German peasants, Andro Linklater here presents the evolution of land ownership to offer a radically new view of mankind's place on the planet.

Download or read book Politics and Property Rights written by Shawn Everett Kantor and published by University of Chicago Press. This book was released on 1998-04-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the American Civil War, agricultural reformers in the South called for an end to unrestricted grazing of livestock on unfenced land. They advocated the stock law, which required livestock owners to fence in their animals, arguing that the existing system (in which farmers built protective fences around crops) was outdated and inhibited economic growth. The reformers steadily won their battles, and by the end of the century the range was on the way to being closed. In this original study, Kantor uses economic analysis to show that, contrary to traditional historical interpretation, this conflict was centered on anticipated benefits from fencing livestock rather than on class, cultural, or ideological differences. Kantor proves that the stock law brought economic benefits; at the same time, he analyzes why the law's adoption was hindered in many areas where it would have increased wealth. This argument illuminates the dynamics of real-world institutional change, where transactions are often costly and where some inefficient institutions persist while others give way to economic growth.

Download or read book Property Rights from Below written by Olivier De Schutter and published by Routledge. This book was released on 2019-12-06 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.

Download or read book Property Rights written by Terry L. Anderson and published by Hoover Press. This book was released on 2013-09-01 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the thoughts of various philosophers, political thinkers, economists, and lawyers, Terry Anderson and Laura Huggins present a blueprint for the nonexpert-expert on how societies can encourage or discourage freedom and prosperity through their property rights institutions. This Hoover Classic edition of Property Rightsdetails step-by-step what property rights are, what they do, how they evolve, how they can be protected, and how they promote freedom and prosperity.

Download or read book A History of Intellectual Property in 50 Objects written by Claudy Op den Kamp and published by Cambridge University Press. This book was released on 2019-06-20 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.

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 Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Download or read book Property Rights written by Terry L. Anderson and published by Princeton University Press. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).

Download or read book American Property written by Stuart Banner and published by Harvard University Press. This book was released on 2011-03 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lost property -- The rise of intellectual property -- A bundle of rights -- Owning the news -- People, not things -- Owning sound -- Owning fame -- From the tenement to the condominium -- The law of the land -- Owning wavelengths -- The new property -- Owning life -- Property resurgent -- The end of property?