Property Rights

Philosophic Foundations
Author: Lawrence C. Becker
Publisher: Routledge
ISBN: 9780710086792
Category: Right of property
Page: 135
View: 1741

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Philosophical Foundations of Property Law


Author: James Penner,Henry Smith
Publisher: Oxford University Press
ISBN: 0199673586
Category: Law
Page: 369
View: 4208

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This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

The Philosophical Foundations of Environmental Law

Property, Rights and Nature
Author: Sean Coyle,Karen Morrow
Publisher: Hart Publishing
ISBN: 1841133590
Category: Law
Page: 228
View: 6689

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Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.

Property Rights in Blood, Genes and Data

Naturally Yours?
Author: Jasper A. Bovenberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150536
Category: Law
Page: 213
View: 2913

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Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, "Jasper Bovenberg" provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia.

Property Rights (Routledge Revivals)

Philosophic Foundations
Author: Lawrence C. Becker
Publisher: Routledge
ISBN: 1317703308
Category: Philosophy
Page: 136
View: 9227

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Property Rights: Philosophic Foundations, first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory.

Philosophical Foundations of Human Rights


Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo
Publisher: Oxford University Press
ISBN: 019968863X
Category: Law
Page: 650
View: 5366

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Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Property and Justice


Author: J. W. Harris
Publisher: OUP Oxford
ISBN: 0191024457
Category: Law
Page: 416
View: 8659

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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.

Philosophical Foundations of Tax Law


Author: Monica Bhandari
Publisher: Oxford University Press
ISBN: 0198798431
Category:
Page: 320
View: 6602

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Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

Governing Animals

Animal Welfare and the Liberal State
Author: Kimberly K. Smith
Publisher: Oxford University Press
ISBN: 0199977178
Category: Law
Page: 240
View: 3904

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What is the role of government in protecting animal welfare? What principles should policy makers draw on as they try to balance animal welfare against human liberty? Much has been written in recent years on our moral duties towards animals, but scholars and activists alike have neglected the important question of how far the state may go to enforce those duties. Kimberly K. Smith fills that gap by exploring how liberal political principles apply to animal welfare policy. Focusing on animal welfare in the United States, Governing Animals begins with an account of the historical relationship between animals and the development of the American liberal welfare state. It then turns to the central theoretical argument: Some animals (most prominently pets and livestock) may be considered members of the liberal social contract. That conclusion justifies limited state intervention to defend their welfare - even when such intervention may harm human citizens. Taking the analysis further, the study examines whether citizens may enjoy property rights in animals, what those rights entail, how animals may be represented in our political and legal institutions, and what strategies for reform are most compatible with liberal principles. The book takes up several policy issues along the way, from public funding of animal rescue operations to the ethics of livestock production, animal sacrifice, and animal fighting. Beyond even these specific policy questions, this book asks what sort of liberalism is suitable for the challenges of the twenty-first century. Smith argues that investigating the political morality of our treatment of animals gives us insight into how to design practices and institutions that protect the most vulnerable members of our society, thus making of our shared world a more fitting home for both humans and the nonhumans to which we are so deeply connected.

Research Handbook on Human Rights and Intellectual Property


Author: Christophe Geiger
Publisher: Edward Elgar Publishing
ISBN: 1783472421
Category: Law
Page: 752
View: 6643

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Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

Encyclopedia of Democratic Thought


Author: Paul Barry Clarke,Joe Foweraker
Publisher: Routledge
ISBN: 1136908633
Category: Political Science
Page: 768
View: 7596

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Containing almost 200 entries from 'accountability' to the 'Westminster model' the Encyclopedia of Democratic Thought explores all the ideas that matter to democracy past, present and future. It is destined to become the first port-of-call for all students, teachers and researchers of political science interested in democratic ideas, democratic practice, and the quality of democratic governance. The Encyclopedia provides extensive coverage of all the key concepts of democratic thought written by a stellar team of distinguished international contributors. The Encyclopedia draws on every tradition of democratic thought, as well as developing new thinking, in order to provide full coverage of the key democratic concepts and engage with their practical implications for the conduct of democratic politics in the world today. In this way, it brings every kind of democratic thinking to bear on the challenges facing contemporary democracies and on the possibilities of the democratic future. The Encyclopedia is global in scope and responds in detail to the democratic revolution of recent decades. Referring both to the established democratic states of Western Europe, North America and Australasia, and to the recent democracies of Latin America, Eastern and Central Europe, Africa and Asia, classical democratic concerns are related to new democracies, and to important changes in the older democracies. Supplemented by full bibliographical information, extensive cross-referencing and suggestions for further reading, the Encyclopedia of Democratic Thought is a unique work of reference combining the expertise of many of the world's leading political scientists, political sociologists and political philosophers. It will be welcomed as an essential resource for both teaching and for independent study, and as a solid starting point both for further research and wider exploration.

Philosophical Foundations of Fiduciary Law


Author: Andrew S. Gold,Paul B. Miller
Publisher: OUP Oxford
ISBN: 0191005290
Category: Law
Page: 450
View: 6049

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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Reading Political Philosophy

Machiavelli to Mill
Author: Derek Matravers,Jonathan Pike,Nigel Warburton
Publisher: Routledge
ISBN: 1134692374
Category: Philosophy
Page: 432
View: 2283

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This clear and thorough introduction provides students with the skills necessary to understand the main thinkers, texts and arguments of political philosophy and thought. Each chapter comprises a brief overview of a major political thinker, followed by an introduction to one or more of their most influential works and an introduction to key secondary readings. Key features include: * exercises * reading notes * guides for further reading The book introduces and assesses: Machiavelli's Prince; Hobbes' Leviathan; Locke's Second Treatise on Government; Rousseau's Social Contract; Marx and Engels' German Ideology (Part 1); Mill's On Liberty and The Subjection of Women. Reading Political Philosophy requires no previous knowledge of philosophy or politics and is ideal for newcomers to political philosophy and political thought.

Writing Reconstruction

Race, Gender, and Citizenship in the Postwar South
Author: Sharon D. Kennedy-Nolle
Publisher: UNC Press Books
ISBN: 1469621088
Category: Literary Criticism
Page: 428
View: 8777

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After the Civil War, the South was divided into five military districts occupied by Union forces. Out of these regions, a remarkable group of writers emerged. Experiencing the long-lasting ramifications of Reconstruction firsthand, many of these writers sought to translate the era's promise into practice. In fiction, newspaper journalism, and other forms of literature, authors including George Washington Cable, Albion Tourgee, Constance Fenimore Woolson, and Octave Thanet imagined a new South in which freedpeople could prosper as citizens with agency. Radically re-envisioning the role of women in the home, workforce, and marketplace, these writers also made gender a vital concern of their work. Still, working from the South, the authors were often subject to the whims of a northern literary market. Their visions of citizenship depended on their readership's deference to conventional claims of duty, labor, reputation, and property ownership. The circumstances surrounding the production and circulation of their writing blunted the full impact of the period's literary imagination and fostered a drift into the stereotypical depictions and other strictures that marked the rise of Jim Crow. Sharon D. Kennedy-Nolle blends literary history with archival research to assess the significance of Reconstruction literature as a genre. Founded on witness and dream, the pathbreaking work of its writers made an enduring, if at times contradictory, contribution to American literature and history.

Philosophical Foundations of the Law of Torts


Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0198701381
Category: Law
Page: 447
View: 792

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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Intellectual Property Overlaps

Theory, Strategies, and Solutions
Author: Robert Tomkowicz
Publisher: Routledge
ISBN: 1136637869
Category: Business & Economics
Page: 248
View: 1134

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Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operating search engines on the internet. The book suggests solutions to potentially objectionable uses of overlapping rights in an attempt to provide judiciary and law practitioners with an analytical framework for resolving disputes of overlaps in the intellectual property system. In doing so, the author investigates how use of intellectual property rights associated with one segment of the system can affect the carefully crafted balance of rights held by various stakeholders in an overlapping segment. In particular, the book suggests that a properly construed doctrine of misuse of intellectual property rights would provide an adequate response to the challenge posed by improper use of overlapping intellectual property rights. This book is of particular interest to law practitioners, managers in advanced technology and media industries, academics, and university students who work with or analyze intellectual property and new technologies.

On Global Justice


Author: Mathias Risse
Publisher: Princeton University Press
ISBN: 1400845505
Category: Philosophy
Page: 480
View: 9456

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Debates about global justice have traditionally fallen into two camps. Statists believe that principles of justice can only be held among those who share a state. Those who fall outside this realm are merely owed charity. Cosmopolitans, on the other hand, believe that justice applies equally among all human beings. On Global Justice shifts the terms of this debate and shows how both views are unsatisfactory. Stressing humanity's collective ownership of the earth, Mathias Risse offers a new theory of global distributive justice--what he calls pluralist internationalism--where in different contexts, different principles of justice apply. Arguing that statists and cosmopolitans seek overarching answers to problems that vary too widely for one single justice relationship, Risse explores who should have how much of what we all need and care about, ranging from income and rights to spaces and resources of the earth. He acknowledges that especially demanding redistributive principles apply among those who share a country, but those who share a country also have obligations of justice to those who do not because of a universal humanity, common political and economic orders, and a linked global trading system. Risse's inquiries about ownership of the earth give insights into immigration, obligations to future generations, and obligations arising from climate change. He considers issues such as fairness in trade, responsibilities of the WTO, intellectual property rights, labor rights, whether there ought to be states at all, and global inequality, and he develops a new foundational theory of human rights.

Private Law and the Rule of Law


Author: Lisa M Austin,Dennis Klimchuk
Publisher: OUP Oxford
ISBN: 0191045578
Category: Law
Page: 375
View: 6640

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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.