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 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 The Guardian of Every Other Right written by James W. Ely Jr. and published by Oxford University Press. This book was released on 2007-11-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes 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. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.
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 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 Before Eminent Domain written by Susan Reynolds and published by Univ of North Carolina Press. This book was released on 2010 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in
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 403 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 and Poverty written by Thomas Allen Horne and published by UNC Press Books. This book was released on 1990 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property Rights and Poverty: Political Argument in Britain, 1605-1834
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 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 American Legal History A Very Short Introduction written by G. Edward White and published by Oxford University Press. This book was released on 2014 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.
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 Economic Analysis of Property Rights written by Yoram Barzel and published by Cambridge University Press. This book was released on 1997-04-13 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.
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 Property And Persuasion written by Carol M Rose and published by Routledge. This book was released on 2019-09-05 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both approaches and laying the groundwork for a theory to bridge the gap between them.
Download or read book Property and Freedom written by Richard Pipes and published by Vintage. This book was released on 2007-12-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.
