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Author: Michael Diamond Publisher: Routledge ISBN: 1317018559 Category : Law Languages : en Pages : 274
Book Description
What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
Author: Michael Diamond Publisher: Routledge ISBN: 1317018559 Category : Law Languages : en Pages : 274
Book Description
What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.
Author: Eric T. Freyfogle Publisher: Island Press ISBN: 9781610912402 Category : Law Languages : en Pages : 346
Book Description
Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America. Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.
Author: Ugo Mattei Publisher: Edward Elgar Publishing ISBN: 1786435187 Category : LAW Languages : en Pages :
Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: Anneke Smit Publisher: UBC Press ISBN: 0774829346 Category : Social Science Languages : en Pages : 304
Book Description
When it comes to urban planning, to what extent and under what conditions should the community’s interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide – expropriation law, natural resources regulation, green development, and water provision – laying the groundwork for more active debates on the issues currently shaping our cities.
Author: Terry L. Anderson Publisher: Princeton University Press ISBN: 9780691099989 Category : Law Languages : en Pages : 412
Book Description
In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).
Author: Karl Widerquist Publisher: EUP ISBN: 9781474447430 Category : Languages : en Pages : 288
Book Description
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. Karl Widerquist is Professor of political philosophy at SFS-Qatar, Georgetown University. Grant S. McCall is Associate Professor in the Department of Anthropology at Tulane University and Executive Director of the Center for Human-Environmental Research.
Author: Richard A. Epstein Publisher: Harvard University Press ISBN: 0674063058 Category : Law Languages : en Pages : 247
Book Description
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Author: James Penner Publisher: Cambridge University Press ISBN: 110842242X Category : Law Languages : en Pages : 253
Book Description
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Author: Richard Pipes Publisher: Vintage ISBN: 0307427358 Category : Political Science Languages : en Pages : 346
Book Description
"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.
Author: Michael Diamond
Author: Michael Diamond
Author: Eric T. Freyfogle
Author: Ugo Mattei
Author: Anneke Smit
Author: Terry L. Anderson
Author: Karl Widerquist
Author: Richard A. Epstein
Author: James Penner
Author: Richard Pipes
Author: Hans-Hermann Hoppe