The Community of Rights

The Community of Rights
Author: Alan Gewirth
Publisher: University of Chicago Press
Total Pages: 404
Release: 1996
Genre: History
ISBN: 9780226288819

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The Community of Rights provides a detailed explication of the fundamental rights of agency as derived from a single rationally justified principle of morality and develops the contents of economic and social rights as a basic part of human rights. A critical alternative to both "liberal" and "communitarian" views, this authoritative work will command the attention of anyone engaged in the debate over social and economic justice.

California Community Property Law

California Community Property Law
Author: William W. Bassett
Publisher:
Total Pages:
Release: 1988
Genre: Community property
ISBN:

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Principles of Community Property

Principles of Community Property
Author: William Quinby De Funiak
Publisher:
Total Pages: 828
Release: 1943
Genre: Community property
ISBN:

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Private Property, Community Development, and Eminent Domain

Private Property, Community Development, and Eminent Domain
Author: Robin Paul Malloy
Publisher: Routledge
Total Pages: 235
Release: 2016-04-15
Genre: Law
ISBN: 1317075668

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The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.

The Meaning of Property

The Meaning of Property
Author: Jedediah Purdy
Publisher: Yale University Press
Total Pages: 240
Release: 2010-01-01
Genre: Law
ISBN: 0300156162

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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.

Property Rights from Below

Property Rights from Below
Author: Olivier De Schutter
Publisher: Routledge
Total Pages: 386
Release: 2019-12-06
Genre: Business & Economics
ISBN: 1317220021

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Recent years have seen a globalization of property rights as the Western conception of property over land has extended across the world. As formerly community-owned land and natural resources are privatized and titling schemes proliferate, Property Rights from Below questions the trend toward treating land as a commodity and explores alternatives to the Western model. As we enter an era of resource scarcity and as competition for land and associated natural resources increases, purchasing power cannot become the sole criterion for land allocation; and the law of supply and demand in increasingly financialized markets cannot become the sole metric through which the value of land is determined. Using a range of examples from around the world, Property Rights from Below demonstrates that alternatives to this model often emerge from social innovations supported by local communities and that there is an urgent need for a broader political imagination when it comes to land governance. This innovative cross-disciplinary perspective on the pressing problems surrounding global property rights will be of interest to academics, students and professionals with an interest in property law, development economics and land governance.