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Property As The Law Of Democracy


Property As The Law Of Democracy
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Property As The Law Of Democracy


Property As The Law Of Democracy
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Author : Joseph William Singer
language : en
Publisher:
Release Date : 2014

Property As The Law Of Democracy written by Joseph William Singer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.


In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which modular property rights reduce information costs and promote both property use and transfer. I applaud Smith's insistence that we focus on the systemic nature of property rights and the benefits of bundled entitlements. At the same time, it is important to understand the limitations of Smith's analysis.Property law goes beyond managing the complexity of human interaction. Property not only presents a coordination problem but also a constitutional problem. Many issues fundamental to property law systems require attention to the norms, values, and ways of life that a society embraces. The problem is not just how to grease the wheels of social interaction; the problem is how to determine the character of that interaction. Value choices must be made to determine what property rights can be created, how many owners we should have, who can become an owner, how long rights last, and what obligations owners should have. Because we live in a free and democratic society that treats each person with equal concern and respect, we must interpret the fundamental values of liberty, equality, and democracy to define the set of property rights that we can recognize.Property law is not simply about best management practices or coordination in the face of scarcity. Democracies elect leaders who pass laws that establish minimum standards for social and economic relationships compatible with our justified expectations and our considered judgments about what it means to treat others with dignity and respect. Property law is not just a mechanism of coordination; it is a quasi-constitutional framework for social life. Property is not merely the law of things. Property is the law of democracy.



In Defense Of Property


In Defense Of Property
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Author : Gottfried Dietze
language : en
Publisher: University Press of America
Release Date : 1995

In Defense Of Property written by Gottfried Dietze and has been published by University Press of America this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.


In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order.



Property Rights And The Limits Of Democracy


Property Rights And The Limits Of Democracy
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Author : Charles K. Rowley
language : en
Publisher: Edward Elgar Publishing
Release Date : 1993

Property Rights And The Limits Of Democracy written by Charles K. Rowley and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.


This four-volume set is part of an annual series dedicated to the work of John Locke. These four volumes (available separately) deal with property rights in terms of being a guarantor of liberty; as rent seeking; as part of the constitutional order; and as part of the liberty-state relationship.



Property Owning Democracy


Property Owning Democracy
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Author : Martin O'Neill
language : en
Publisher: John Wiley & Sons
Release Date : 2014-03-03

Property Owning Democracy written by Martin O'Neill and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-03 with Philosophy categories.


Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy. Offers new and essential insights into Rawls's idea of "property-owning democracy" Addresses the proposed political and economic institutions and policies which Rawls's theory would require Considers radical alternatives to existing forms of capitalism Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future



The Rule Of Law And The Measure Of Property


The Rule Of Law And The Measure Of Property
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Author : Jeremy Waldron
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-21

The Rule Of Law And The Measure Of Property written by Jeremy Waldron 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 2012-06-21 with Law categories.


When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.



The Meaning Of Property


The Meaning Of Property
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Author : Jedediah Purdy
language : en
Publisher: Yale University Press
Release Date : 2010-01-01

The Meaning Of Property written by Jedediah Purdy and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.


From the bestselling author of For Common Things, a brilliant and ambitious rethinking of the meaning of property in democratic society In his latest book, Jedediah Purdy takes up a question of deep and lasting importance: why is property ownership a value to society? His answer returns us to the foundations of American society and enables us to interpret the writings of the patron saint of liberal economics, Adam Smith, in a wholly new light. Unlike Milton Friedman and other free-market scholars, who consider property a key to efficient markets, Purdy draws upon Smith’s theories to argue that the virtues of wealth are social rather than economic. In Purdy’s view, ownership does much more than shield one from government interference. Property shapes social life in ways that bring us closer to, or take us farther from, the ideal of a community of free and equal members. This view of property is neither libertarian nor communitarian but treats the community as the precondition of individual freedom. This view informed U.S. law in the early days of the republic, Purdy writes, and it is one that we need to restore today. Touching upon some of the most charged issues in American politics and law, including slavery, inheritance, international development, and climate change, The Meaning of Property offers a compelling new view of property and freedom and enriches our understanding of democratic society.



The Fundamental Interrelationships Between Government And Property


The Fundamental Interrelationships Between Government And Property
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Author : Nicholas Mercuro
language : en
Publisher: Routledge
Release Date : 2003-07-17

The Fundamental Interrelationships Between Government And Property written by Nicholas Mercuro and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-07-17 with Business & Economics categories.


This collection of 22 commissioned essays from scholars across numerous fields responded to the question: What are the most fundamental things you can say concerning the interrelations between the institutions of government and property?



Property Rights


Property Rights
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Author : Terry L. Anderson
language : en
Publisher: Hoover Press
Release Date : 2013-09-01

Property Rights written by Terry L. Anderson and has been published by Hoover Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-01 with Political Science categories.


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.



The Changing Role Of Property Law


The Changing Role Of Property Law
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Author : Ernst Nordtveit
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-12

The Changing Role Of Property Law written by Ernst Nordtveit and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-12 with Property categories.


This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation. Featuring contributions from top international scholars in the field, chapters explain the variety of property rights found in most legal systems and how these develop in relation to social needs and available resources. The book discusses the current transition of property from mainly physical objects to intangible values in the form of, for example, intellectual property rights, and the impacts this is having on the law, democracy and free speech. Other prominent issues tackled by the book include the organisation of registries for property rights, models for managing public property and the influence of new property forms on family and inheritance law. An essential read for scholars and students of property law, including intellectual property, the book will also be of interest to those working in family law, law and technology and commercial law whose research intersects with property rights.



Property Power And Politics


Property Power And Politics
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Author : Robé, Jean-Philippe
language : en
Publisher: Bristol University Press
Release Date : 2020-10-05

Property Power And Politics written by Robé, Jean-Philippe and has been published by Bristol University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-05 with Law categories.


Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.