L On Duguit And The Social Obligation Norm Of Property
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The Social Obligation Norm Of Property
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Author : M. C. Mirow
language : en
Publisher:
Release Date : 2010
The Social Obligation Norm Of Property written by M. C. Mirow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the development of Duguit's ideas. Hayem should be restored as a central influence on Duguit's thought and as one of the main and earliest proponents of the idea of the social-function norm. The article also examines the influence of Charmont, Comte, Durkheim, Gide, Hauriou, Landry, and Saleilles in Duguit's thought on property and its social function.
L On Duguit And The Social Obligation Norm Of Property
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Author : Paul Babie
language : en
Publisher: Springer Nature
Release Date : 2019-09-07
L On Duguit And The Social Obligation Norm Of Property written by Paul Babie and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-07 with Law categories.
This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
Property And Human Flourishing
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Author : Gregory S. Alexander
language : en
Publisher: Oxford University Press
Release Date : 2018-02-26
Property And Human Flourishing written by Gregory S. Alexander and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-26 with Law categories.
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?
Land Ownership Right In European Countries
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Author : Oleg Igorevich Krassov
language : en
Publisher: XSPO
Release Date :
Land Ownership Right In European Countries written by Oleg Igorevich Krassov and has been published by XSPO this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
The monograph presents the legal regulation system of land ownership relations in the law of continental European countries, English common law and Russian law. The concepts of ownership right and land ownership right existing in civil law, common law and Russian land law are analyzed. The land ownership right is considered as a complex legal institution regulated by the constitutional, civil, and land law norms, as well as legislation on planning the use of land, on environmental protection, water, forestry, on the subsoil, on the protection of historical and cultural sites, etc. The monograph is targeted to students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land ownership issues.
Property Rights And Social Justice
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Author : Rachael Walsh
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-10
Property Rights And Social Justice written by Rachael Walsh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Law categories.
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
A Companion To Latin American Legal History
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Author :
language : en
Publisher: BRILL
Release Date : 2023-12-04
A Companion To Latin American Legal History written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-04 with Law categories.
This comprehensive volume offers fresh insights on Latin American and Caribbean law before European contact, during the colonial and early republican eras and up to the present. It considers the history of legal education, the legal profession, Indigenous legal history, and the legal history concerning Africans and African Americans, other enslaved peoples, women, immigrants, peasants, and workers. This book also examines the various legal frameworks concerning land and other property, commerce and business, labor, crime, marriage, family and domestic conflicts, the church, the welfare state, constitutional law and rights, and legal pluralism. It serves as a current introduction for those new to the field and provides in-depth interpretations, discussions, and bibliographies for those already familiar with the region’s legal history. Contributors are: Diego Acosta, Alejandro Agüero, Sarah C. Chambers, Robert J. Cottrol, Oscar Cruz Barney, Mariana Dias Paes, Tamar Herzog, Marta Lorente Sariñena, M.C. Mirow, Jerome G. Offner, Brian Owensby, Juan Manuel Palacio, Agustín Parise, Rogelio Pérez-Perdomo, Heikki Pihlajamäki, Susan Elizabeth Ramírez, Timo H. Schaefer, William Suárez-Potts, Victor M. Uribe-Uran, Cristián Villalonga, Alex Wisnoski, and Eduardo Zimmermann.
The Transformation Of Economic Law
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Author : Lucila de Almeida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
The Transformation Of Economic Law written by Lucila de Almeida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).
Property Meeting The Challenge Of The Commons
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Author : Ugo Mattei
language : en
Publisher: Springer Nature
Release Date : 2023-03-23
Property Meeting The Challenge Of The Commons written by Ugo Mattei and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
The Humanistic Person Centered Company
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Author : Domènec Melé
language : en
Publisher: Springer Nature
Release Date :
The Humanistic Person Centered Company written by Domènec Melé and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Making Of Modern Property
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Author : Anna di Robilant
language : en
Publisher: Cambridge University Press
Release Date : 2023-07-31
The Making Of Modern Property written by Anna di Robilant and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Law categories.
Draws from a wealth of primary sources to outline how classical Roman property law was reinvented by liberal nineteenth-century jurists.