Download or read book Property Theory written by James Penner and published by Cambridge University Press. This book was released on 2018-08-30 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Download or read book Do States Have the Right to Exclude Immigrants written by Christopher Bertram and published by John Wiley & Sons. This book was released on 2018-06-28 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: States claim the right to choose who can come to their country. They put up barriers and expose migrants to deadly journeys. Those who survive are labelled ‘illegal’ and find themselves vulnerable and unrepresented. The international state system advantages the lucky few born in rich countries and locks others into poor and often repressive ones. In this book, Christopher Bertram skilfully weaves a lucid exposition of the debates in political philosophy with original insights to argue that migration controls must be justifiable to everyone, including would-be and actual immigrants. Until justice prevails, states have no credible right to exclude and no-one is obliged to obey their immigration rules. Bertram’s analysis powerfully cuts through the fog of political rhetoric that obscures this controversial topic. It will be essential reading for anyone interested in the politics and ethics of migration.
Download or read book Debating the Ethics of Immigration written by Christopher Heath Wellman and published by OUP USA. This book was released on 2011-09-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
Download or read book Freedom Culture and the Right to Exclude written by Uwe Steinhoff and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Right to Exclude written by Justin Desautels-Stein and published by Oxford University Press. This book was released on 2023-03-09 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world in which racism and xenophobia are endemic, what is the role of international law? To the extent international rules are thought to have any relevance at all, the typical approach characterizes international law as on the side of racial justice. Human rights instruments like the United Nations' International Convention on the Elimination of Racial Discrimination are paradigmatic, offering the world international agreements in which governments are directed to avoid racist behavior and promote antiracist action. In The Right to Exclude, Justin Desautels-Stein goes against the grain and asks whether certain rules of international law might actually produce structures of racial hierarchy, rather than limiting them. The intellectual fulcrum for this production, Desautels-Stein argues, lies in the ideological structures of sovereignty and property, the right to exclude that is shared in those twinned precincts, and the border regimes that result. Applying critical race theory to contemporary problems of migration, nationalism, multiculturalism, decolonization, and self-determination, Desautels-Stein expounds a theory of "postracial xenophobia", a structure of racial ideology that justifies and legitimates a pragmatic account of racialized foreignness, a racial xenos.
Download or read book The Political Philosophy of Refuge written by David Miller and published by Cambridge University Press. This book was released on 2021-05-20 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to assess and deal with the claims of millions of displaced people to find refuge and asylum in safe and prosperous countries is one of the most pressing issues of modern political philosophy. In this timely volume, fresh insights are offered into the political and moral implications of refugee crises and the treatment of asylum seekers. The contributions illustrate the widening of the debate over what is owed to refugees, and why it is assumed that national state actors and the international community owe special consideration and protection. Among the specific issues discussed are refugees' rights and duties, refugee selection, whether repatriation can be encouraged or required, and the ethics of sanctuary policies.
Download or read book Freedom to Discriminate written by Gene Slater and published by Heyday Books. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Freedom to Discriminate uncovers realtors' definitive role in segregating America and shaping modern conservative thought"--
Download or read book The Value of the Right to Exclude written by Jonathan Klick and published by . This book was released on 2017 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property theorists have long deemed the right to exclude fundamental and essential for the efficient use and allocation of property. Recently, however, proponents of the progressive property movement have called into question the centrality of the right to exclude, suggesting that it should be scaled back to allow the advancement of more socially beneficial uses of property. Surprisingly, the debate between the opponents and detractors of the right to exclude is devoid of any empirical evidence. The actual value of the right to exclude remains unknown.In this Article, we set out to fill this void by measuring, for the first time, the value of the right to exclude. To that end, we use the passage of the Countryside and Rights of Way Act in England and Wales in 2000 as a natural experiment to provide some empirical insight on this issue. We show that the Act's passage led to statistically significant and substantively large declines in property values in areas of England and Wales that were more intensively affected by the Act relative to areas where less land was designated for increased access. While property prices may not capture all social value, our findings provide a critical input to the debate regarding access to private property. Given that the access rights provided by the “right to roam” included in the Act represent seemingly minimal intrusions on private property, our findings indicate that property owners view even small restrictions on their right to exclude very negatively.We believe that our findings are of significant importance to lawmakers in the U.S. as they provide an empirical basis for policymaking in the realms of property and land use. In the U.S., private property rights enjoy constitutional protection under the Takings Clause of the Fifth Amendment. Hence, any attempt to formalize a general right to roam or other intrusions on the right to exclude may require the government to pay just compensation to affected property owners. Our study suggests what the compensation amounts are likely to be. This information would allow law-makers to make better decisions about the social desirability of various land use measures. We would like to emphasize that our findings should not be read as a call against the adoption of a right to roam, or any other public privilege. Our only goal is to furnish a much needed empirical foundation that would permit law-makers to conduct a more precise cost-benefit analysis of different policies.
Download or read book Freedom Culture and the Right to Exclude written by Uwe Steinhoff and published by Routledge. This book was released on 2022-04-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that citizens have a moral right to decide by which criteria they grant migrants citizenship, as well as to control access to their territory in the first place. In developing and defending this argument, it critically engages numerous objections, thus providing the reader with a thorough overview of the current debate on the ethics of immigration and exclusion. The author’s argument is based on a straightforwardly individualist and liberal starting point. One of the rights granted by liberalism is freedom of association, which also comprises the right not to associate with people with whom one does not want to associate. While this is an individual right, it can be exercised collectively like many other individual rights. Thus, people can decide to collectively organize into an association pursuing certain goals; and subject to certain provisos, this gives rise to legitimate claims to space and territory in which they pursue these goals. The author shows that this right is far-reaching and robust, which entails an equally far-reaching and robust right to exclude. Moreover, he demonstrates that large-scale immigration from illiberal cultures tends to severely compromise the way of life, the values, and the institutions of liberal democracies in ways routinely ignored by apologists for multiculturalism. Freedom, Culture, and the Right to Exclude will be of interest to scholars and advanced students working in applied ethics, political philosophy, political theory, and law.
Download or read book Possession Relative Title and Ownership in English Law written by Luke Rostill and published by Oxford University Press. This book was released on 2021-02-10 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
Download or read book Property Outlaws written by Eduardo M. Penalver and published by Yale University Press. This book was released on 2010-02-16 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Outlaws puts forth the intriguingly counterintuitive proposition that, in the case of both tangible and intellectual property law, disobedience can often lead to an improvement in legal regulation. The authors argue that in property law there is a tension between the competing demands of stability and dynamism, but its tendency is to become static and fall out of step with the needs of society. The authors employ wide-ranging examples of the behaviors of “property outlaws”—the trespasser, squatter, pirate, or file-sharer—to show how specific behaviors have induced legal innovation. They also delineate the similarities between the actions of property outlaws in the spheres of tangible and intellectual property. An important conclusion of the book is that a dynamic between the activities of “property outlaws” and legal innovation should be cultivated in order to maintain this avenue of legal reform.
Download or read book Property Law For Dummies written by Alan R. Romero and published by John Wiley & Sons. This book was released on 2013-01-08 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The easy way to make sense of property law Understanding property law is vital for all aspiring lawyers and legal professionals, and property courses are foundational classes within all law schools. Property Law For Dummies tracks to a typical property law course and introduces you to property law and theory, exploring different types of property interests—particularly "real property." In approachable For Dummies fashion, this book gives you a better understanding of the important property law concepts and aids in the reading and analysis of cases, statutes, and regulations. Tracks to a typical property law course Plain-English explanations make it easier to grasp property law concepts Serves as excellent supplemental reading for anyone preparing for their state's Bar Exam The information in Property Law For Dummies benefits students enrolled in a property law course as well as non-students, landlords, small business owners, and government officials, who want to know more about the ins and outs property law.
Download or read book Comparative Perspectives on Property Rights written by Jerry L. Anderson and published by . This book was released on 2011 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative perspective can help students understand that the bundle of rights we call property can be allocated in a variety of ways, in order to serve societal interests. This article examines two variations on the right to exclude, which the American Supreme Court has declared to be essential to property ownership. Laotian hunting rights allow public access to private lands, clearly violating the right to exclude but providing important public benefits. Likewise, the right to roam in Britain qualifies the right to exclude to allow public hiking on private land. These examples help students realize that property rights represent a balance between private and societal interests.
Download or read book Territorial Rights written by Tamar Meisels and published by Springer Science & Business Media. This book was released on 2007-09-20 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal defences of nationalism have become prevalent since the mid-1980’s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation’s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims.
Download or read book Police A Field Guide written by David Correia and published by Verso Books. This book was released on 2018-03-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical guide to the language of policing This field guide arms activists—and indeed anyone concerned about police abuse—with critical insights that ultimately redefine the very idea of policing. When we talk about police and police reform, we speak the language of police legitimation through euphemism. So state sexual assault becomes “body-cavity search,” and ruthless beatings “non-compliance deterrence.” In entries such as “police dog,” “stop and frisk,” and “rough ride,” the authors expose the way “copspeak” suppresses the true meaning and history of law enforcement. In field guide fashion, they reveal a world hidden in plain view. The book argues that a redefined language of policing might help us chart a future that’s free. Including explanations of newsmaking terms such as “deadname,” “kettling,” and “qualified immunity,” and a foreword by leading justice advocate Craig Gilmore.
Download or read book Strangers in Our Midst written by David Miller and published by Harvard University Press. This book was released on 2016-05-09 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should Western democracies respond to the many millions of people who want to settle in their societies? Economists and human rights advocates tend to downplay the considerable cultural and demographic impact of immigration on host societies. Seeking to balance the rights of immigrants with the legitimate concerns of citizens, Strangers in Our Midst brings a bracing dose of realism to this debate. David Miller defends the right of democratic states to control their borders and decide upon the future size, shape, and cultural make-up of their populations. “A cool dissection of some of the main moral issues surrounding immigration and worth reading for its introductory chapter alone. Moreover, unlike many progressive intellectuals, Miller gives due weight to the rights and preferences of existing citizens and does not believe an immigrant has an automatic right to enter a country...Full of balanced judgments and tragic dilemmas.” —David Goodhart, Evening Standard “A lean and judicious defense of national interest...In Miller’s view, controlling immigration is one way for a country to control its public expenditures, and such control is essential to democracy.” —Kelefa Sanneh, New Yorker
Download or read book The Idea of Property in Law written by James E. Penner and published by Oxford University Press. This book was released on 1997 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.
