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Author : Rachael Walsh
Publisher : Cambridge University Press
Page : 321 pages
File Size : 40,9 Mb
Release : 2021-06-10
Category : Law
ISBN : 9781108426930
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author : Billy Christmas
Publisher : Routledge
Page : 250 pages
File Size : 54,5 Mb
Release : 2021-03-30
Category : Philosophy
ISBN : 9781000370072
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author : Anne Flanagan,Maria Lillƒ Montagnani
Publisher : Edward Elgar Publishing
Page : 233 pages
File Size : 55,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849806701
Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Author : Omar Swartz
Publisher : Unknown
Page : 160 pages
File Size : 40,6 Mb
Release : 2005
Category : Political Science
ISBN : 8884480264
Author : Alan M. Sinclair
Publisher : Unknown
Page : 152 pages
File Size : 50,7 Mb
Release : 1969
Category : Real property
ISBN : STANFORD:36105044275944
Author : Bill Mandrick,Joint Special Operations University Pres
Publisher : Independently Published
Page : 76 pages
File Size : 43,8 Mb
Release : 2019-05-10
Category : Electronic
ISBN : 1097740870
The role of economics in the generation and mitigation of grievances is well documented and understood. Likewise, the reliance on economic documents forms the basis for credible economic systems worldwide. For the Special Operations Forces (SOF) professional, however, the issues of property rights, economic development, and the generation of wealth are more nuanced and central to the successful completion of SOF missions in failing and failed states. As Colonel Bill Mandrick demonstrates in this monograph, a nationstate's failure to have in place a system for the equitable access to and the sharing of economic activity is a guarantor of grievances, anger, and instability. So too is the failure to enforce an existing system of property rights and economic opportunity. He argues that an awareness of the economic records of a nation-state provides useful insights into its stability and can provide important intelligence to expand SOF situational awareness and support SOF mission planning.
Author : Martin O'Neill,Thad Williamson
Publisher : John Wiley & Sons
Page : 337 pages
File Size : 43,7 Mb
Release : 2012-04-16
Category : Philosophy
ISBN : 9781444334104
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
Author : Billy Christmas
Publisher : Routledge
Page : 194 pages
File Size : 53,6 Mb
Release : 2021-03-29
Category : Philosophy
ISBN : 9781000370065
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author : James J. Finn
Publisher : Unknown
Page : 316 pages
File Size : 46,6 Mb
Release : 1916
Category : Cooperation
ISBN : UCAL:$B237373
Author : Cass R. Sunstein
Publisher : Oxford University Press
Page : 416 pages
File Size : 52,7 Mb
Release : 1999-03-18
Category : Political Science
ISBN : 9780195356175
The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
Author : Lateef Mtima
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 51,8 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781783470259
In the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit th
Author : Tim Hayward,John O'Neill
Publisher : Routledge
Page : 328 pages
File Size : 46,7 Mb
Release : 2018-12-20
Category : Social Science
ISBN : 9780429837791
First published in 1997, this book discusses the interplaying factors environmental issues have on justice and property and other social problems. Endeavouring create a discourse on what sustainability means in implementation, each of the contributors to this book approaches this via different theoretical viewpoints.
Author : J. W. Harris
Publisher : OUP Oxford
Page : 416 pages
File Size : 48,7 Mb
Release : 1996-10-10
Category : Law
ISBN : 9780191024450
When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.
Author : Hanoch Dagan
Publisher : Cambridge University Press
Page : 343 pages
File Size : 54,6 Mb
Release : 2021-04-15
Category : Business & Economics
ISBN : 9781108418546
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author : Ting Xu,Jean Allain
Publisher : Bloomsbury Publishing
Page : 319 pages
File Size : 48,9 Mb
Release : 2016-03-24
Category : Law
ISBN : 9781509901746
Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.