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 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 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 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 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 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 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 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 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 The False Promise of the Right to Exclude written by Adam Mossoff and published by . This book was released on 2012 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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.
Download or read book Classify Exclude Police written by Laurent Fourchard and published by John Wiley & Sons. This book was released on 2021-04-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: b”CLASSIFY, EXCLUDE, POLICE‘Laurent Fourchard’s deep, first-hand knowledge of the history and contemporary politics of Nigeria and South Africa forms the basis of an insightful and compelling analysis of how states produce invidious distinctions among their people and at the same time how political linkages are forged between state and society, elites and subalterns, bureaucratic structures and personal relations.’ Frederick Cooper, Professor of History, New York University, USA ‘Violence, control, police and political order are essential dimensions of metropolis. In this exceptional book, Laurent Fourchard compares decentralised exercises of authority in providing vivid analysis of exclusion of youth and migrants, policing and riots, politics of “Big men” and fine-grained blurring between bureaucracy and society. A masterpiece of urban politics.’ Patrick Le Galès, Dean of Urban School, Sciences Po Paris, France ‘This book is a major contribution to rethinking urban politics from the experiences of African cities. Based on detailed historical analysis of South Africa and Nigeria, Fourchard recalibrates the actors, stakes and terms of urban politics around African-centred concerns.’ Jennifer Robinson, Professor of Geography, University College London, UK The cities of South Africa and Nigeria are reputed to be dangerous, teeming with slums, and dominated by the informal economy but we know little about how people are divided up, categorised and policed. Colonial governments assigned rights and punishments, banned categories considered problematic (delinquents, migrants, single women, street vendors) and give non-state organisations the power to police low-income neighbourhoods. Within this enduring legacy, a tangle of petty arrangements has developed to circumvent exclusion to public places and government offices. In this unpredictable urban reality ??? which has eluded all planning ??? individuals and social groups have changed areas of public action through exclusion, violence and negotiation. In combining historical and ethnographic methods, Classify, Exclude, Police explores the effects and limits of public action, and questions the possibility of comparison between cities often perceived as incommensurable. Focusing on state formation, urbanization, and daily lives, Laurent Fourchard addresses debates and controversies in comparative urban studies, history, political science, and urban anthropology. The book provides a systematic, comparative approach to the practices, processes, arrangements used to create boundaries, direct violence, and produce social, racial, gender, and`generational differences.
Download or read book Do Exclusionary Rules Ensure a Fair Trial written by Sabine Gless and published by Springer. This book was released on 2019-04-17 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
Download or read book The Collected Works written by Thomas Paine and published by DigiCat. This book was released on 2022-11-13 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition includes: Common Sense The American Crisis The Rights of Man The Age of Reason The Republican Proclamation To the Authors of "Le Républicain" To the Abbé Sièyes To the Attorney General To Mr. Secretary Dundas Letters to Onslow Cranley To the Sheriff of the County of Sussex To Mr. Secretary Dundas Letter Addressed to the Addressers on the Late Proclamation Address to the People of France Anti-Monarchal Essay for the Use of New Republicans To the Attorney General, on the Prosecution against the Second Part On the Propriety of Bringing Louis XIV to Trial Reasons for Preserving the Life of Louis Capet Shall Louis XVI have Respite? Declaration of Rights Private Letters to Jefferson Letter to Danton A Citizen of America to the Citizens of Europe Appeal to the Convention The Memorial to Monroe Letter to George Washington Observations Dissertation on First Principles of Government The Constitution of 1795 The Decline and Fall of the English System of Finance Forgetfulness Agrarian Justice The Eighteenth Fructidor The Recall of Monroe Private Letter to President Jefferson Proposal that Louisiana be Purchased Thomas Paine to the Citizens of the United States To the French Inhabitants of Louisiana A Letter Addressed to the Abbe Raynal The Life of Thomas Paine by Moncure D. Conway
