Property Rights And The Limits Of Democracy
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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 Rights And The Limits Of Democracy
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Author : Charles Kershaw Rowley
language : en
Publisher:
Release Date : 1993
Property Rights And The Limits Of Democracy written by Charles Kershaw Rowley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with categories.
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.
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.
Militant Democracy
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2004
Militant Democracy written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Property Without Rights
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Author : Michael Albertus
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07
Property Without Rights written by Michael Albertus 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 2021-01-07 with Business & Economics categories.
A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Democratic Rights
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Author : Corey Brettschneider
language : en
Publisher: Princeton University Press
Release Date : 2010-10-10
Democratic Rights written by Corey Brettschneider and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-10 with Law categories.
When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.
Constitutionalism And Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1988
Constitutionalism And Democracy written by Jon Elster 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 1988 with Philosophy categories.
The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.
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 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?