Taking Community Seriously: Lessons from the Israeli Disengagement Plan

2014 ◽  
Vol 47 (1) ◽  
pp. 149-171
Author(s):  
Shai Stern
Keyword(s):  
Private Property ◽  
Market Value ◽  
Eminent Domain ◽  
Similar Formula ◽  
Property Owner ◽  
Residential Communities ◽  
Property Owners ◽  
The Subject ◽  
The Right

Eminent domain, or the expropriation of private property, is among the most controversial of legal arrangements. The challenges and threats that it poses to private property make it the subject of debate and dispute. Surprisingly, however, most Western jurisdictions embrace a similar formula to address expropriation, both in terms of the purposes that justify such action and the compensation that should be awarded to property owners.This article challenges the prevailing eminent domain formula, according to which, regardless of the circumstances of the expropriation, compensation to the property owner is determined by reference to the market value of the property. By exploring the case of Israel's 2005 disengagement plan, as a result of which 21 residential communities were uprooted by expropriation, this article argues that loss of communality should be taken into account in expropriations that uproot entire communities. However, in order for the legal arrangement to be efficient, fair and, of no less importance, to reflect the values embodied in the right to property, it should be constituted within a normative infrastructure that takes into account the values that the society wishes to endorse, and the inner meaning of these values.

Political, Interparty and Moral Crisis of the “War Communism” Policy in Kazakhstan 1920-1922

2016 ◽  
Vol 96 (1) ◽  
pp. 132-155
Author(s):  
Erlan Medeubayev
Keyword(s):  
Private Property ◽  
Public Life ◽  
Culture War ◽  
Commodity Money ◽  
The Subject ◽  
Moral Crisis ◽  
Bourgeois Culture ◽  
The Right ◽  
Sense Of Justice ◽  
The City

The article deals with the implementation of the complex of political and socio-economic measures of the Soviet state, called the policy of “war communism” in the cities of the Steppes and Turkestan in 1918-1921. Based on materials gleaned from various sources, the author endeavours to explore the processes of socialization and municipalization of private houses and dwellings, the nationalization of private property, which took place in the cities of the KazASSR and tassr; highlight some of the issues related to the subject policy of “war communism” in the cities of Kazakhstan. Various restrictive decrees and orders of the Soviet power in this period, aimed at limiting commodity-money relations and the prohibition of the right to private property put people into a rigid framework of survival. Approved in the sphere of public life, the ideology of “war communism” inevitably left its mark on the life of the city. This ideology was a special sociocultural phenomenon, strengthening other social psychology and ethics which propagandized the need to destroy the old “bourgeois” culture and create a new “proletarian culture”. “War Communism” as opposed to “bourgeois individualism” principles of the socialist community, broske vital foundations of society. A characteristic feature of this period is the legitimization of violence and its use as a universal remedy of solving all problems. Under the pressure of revolutionary changes the sense of justice in society underwent considerable transformation. The right to inviolability of private property was completely ignored. The ruling regime no longer recognized the existing legal mechanisms, replacing them with the amorphous concept of “revolutionary legality.”

scholarly journals “A Room of One's Own”: The local aspect of privacy

2021 ◽  
Vol 21 (1) ◽  
pp. 57-61
Author(s):  
Lesya V. Chesnokova ◽  
Keyword(s):  
Human Body ◽  
Private Property ◽  
Integrated Approach ◽  
Self Presentation ◽  
Private Space ◽  
The Public ◽  
Sense Of Security ◽  
The Subject ◽  
The Right ◽  
Room Of One's Own

The article deals with the local aspect of privacy, embodied in a human dwelling. The aim of the research is to philosophically analyze the local aspect of privacy, to identify its essential characteristics. The study is based on an integrated approach that includes logical, hermeneutic-interpretive and comparative methods. The novelty of the work lies in the conceptualization of the socio-philosophical phenomenon of local privacy. The presence of a private space closed from the eyes of the public gives an individual a sense of security and peace. In many cultures, the house is endowed with special symbolism, being a reflection of a human body, an expanded image of “Self”. A home designed according to one’s own taste, in which loved ones live and personal belongings that evoke images and memories are stored, provides an identity, a state of stability and rootedness. Staying in a private space provides an opportunity to take a break from social roles, from the need for constant self-presentation in public. The right to private property, protected by laws and social norms, guarantees the autonomy of the subject. On the contrary, unlawful entry into a home is an attack on human freedom and dignity. A private space, localized in one’s own room, apartment or house, is a person’s existential need.

Fichtes Umbildung der transzendentalen Logik zu einer philosophischen Handlungstheorie

2014 ◽  
Vol 62 (2) ◽  
Author(s):  
Gerd Irrlitz
Keyword(s):  
Private Property ◽  
Theory Of Action ◽  
Philosophical Theory ◽  
Central Importance ◽  
Transcendental Logic ◽  
The Social ◽  
Property Owners ◽  
Structural Concept ◽  
The Subject

AbstractThis paper interprets Fichte’s transformation of the Enlightenment’s idea of self-consciousness into the concept of the ego as a transformation of transcendental logic into a philosophical theory of action. This transformation was of central importance for his critique of Kant as well as his rejection of both Schelling’s and Hegel’s ontologies of spirit, whose post-revolutionary determinism Fichte repudiated. Fichte developed his theory of action under the social premise of preindustrial labor, accentuating that social symmetry should be maintained against the tendency of property concentration amongst private property owners. His transformation of the concept of rationality (attained through transcendental logic) into a relational differentiation of the subject (1), its objectification (2), and the synthesis of both as an alteration between acting and suffering (3) open the path from an as yet - in terms of its presuppositions - monological concept of self-consciousness to a structural concept of action.

The Right to Fair Compensation under “The Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013”

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Dr Anurag Kumar Srivastava
Keyword(s):  
Supreme Court ◽  
Private Property ◽  
West Bengal ◽  
Market Value ◽  
Land Acquisition ◽  
Land Reforms ◽  
Valuation Method ◽  
Fair Compensation ◽  
Indian Supreme Court ◽  
The Right

This paper is mainly focused on compensation and its protection under Indian Constitution, judicial approach and development of concept of compensation, relevant principles of compensation mean general rules whose application enables us to determine the market value. The problem of valuation and determination of present market value in relation to lands and buildings under laws relating to Land Acquisition. Cases decided by the the Supreme Court in Bela Banerjee v. State of West Bengal 2 and State of West Bengal v. Subodh Gopal Bose 3 is deeply analyzed to test the law providing for acquisition or extension of interest of private owners in properties. It is observed that the power of the sovereign to take private property for public use and the consequent rights of the owner to compensation are well established. In justification of the power, two maxims are often cited Salus Populi est Supreme lex (regard for the public welfare is the highest law) and Necessities Public a major est quam Privata (Public necessity is greater than private necessity). The Land Acquisition Act seems to be very special as much legislations are based on it; facilitating awaited industrialization, giving a solution to unemployment4, widening the divide between urban and rural5, threatening environment and propagating disguised unemployment6etc. The tops-turvy journey of Indian Supreme Court has been swaying in between the idea of ‘Social Justice’, ‘Distributive Justice’, land reforms and Zamindari abolition by compensatory acquisition of land. But in doing so the achievement of Indian Supreme Court has that one size fit all type of computation formula for calculation of compensation cannot be applied to each and every case. The Judiciary has discussed all pros and cons of various types of valuation method. However due to variety of properties and allied attachments, one type cannot be applied to each case uniformly.

scholarly journals Restitution of agricultural land in Serbia: Comparative legal aspects

2020 ◽  
Vol 67 (4) ◽  
pp. 1353-1366
Author(s):  
Ljiljana Rajnović ◽  
Snežana Cico ◽  
Zoran Brljak
Keyword(s):  
Human Rights ◽  
Agricultural Land ◽  
Private Property ◽  
Transition Process ◽  
Legal Aspects ◽  
The State ◽  
State Sector ◽  
The Subject ◽  
The Republic ◽  
The Right

The idea of returning the confiscated property to the previous owners in the Republic of Serbia arose as a process that included all the countries of Eastern Europe and other countries of the former Communist system in which mostly state property existed. Restitution is part of the transition process, which implies comprehensive changes in the state, including privatization of the state sector and market operations on the principles of private property, but also as a need to correct the injustice done to former owners of confiscated property. According to Serbian legislation, restitution is obligatory, but in practice it is very difficult and slow to realize, even though this process realizes one of the basic human rights of citizens described in the UN Universal Declaration of Human Rights - the right to free enjoyment of private property. In this paper, the authors analyze the possibilities of returning agricultural land, legal regulations and implemented solutions in practice, on the example of a unit of local self-government, on whose territory there is a state land fund that can be the subject of return.

Pricing to market

2018 ◽  
Vol 36 (4) ◽  
pp. 391-396 ◽  
Author(s):  
Nick French ◽  
Laura Gabrielli
Keyword(s):  
Market Value ◽  
Financial Economic ◽  
Content Type ◽  
World Markets ◽  
Valuation Task ◽  
The Subject ◽  
The Right ◽  
Market Valuations ◽  
Practical Implications

Purpose Since the global financial economic crisis hit the world markets in 2007/2008, the role of property valuation has been under greater and greater scrutiny. The process of valuation and its quality assurance has been addressed by the higher prominence of the International Valuation Standards Council (IVSC). This is a significant initiative worldwide. However, there has been little written on the appropriate use of valuation approaches and methods in market valuations. There is now a hierarchy of valuation definitions. In order, there are valuation approaches, valuation methods and, as a subset of the methods, techniques or models. The purpose of this paper is to look at the importance of identifying the appropriate approach to be adopted in market valuations and the methods, techniques and models that should be applied to determine market value. Design/methodology/approach This practice briefing is an overview of the valuation approaches, methods and models available to the valuer and comments on the appropriateness of valuation each in assessing market value. Findings This paper reviews the IVSC-recognised approaches and prompts the valuer to be careful with the semantics involved so that they are better placed to provide an unambiguous service to their clients. Practical implications The role of the valuer in practice is to identify the appropriate approach for the valuation of the subject property, choose the right method and then apply the correct mathematical model for the valuation task in hand. Originality/value This provides guidance on how valuations can be presented to the client in accordance with the International Valuation Standards.

Three Supreme Court Cases on Compulsory Acquisition of Land in Nigeria

2014 ◽  
Vol 58 (2) ◽  
pp. 266-277 ◽  
Author(s):  
Oladipo O Sholanke
Keyword(s):  
Supreme Court ◽  
Private Property ◽  
Attorney General ◽  
Court Cases ◽  
The Rule Of Law ◽  
Company Limited ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Rivers State

AbstractThe law of compulsory acquisition of land in Nigeria is rooted in the country's constitution. It is enshrined that every Nigerian has the right to own private property and that such property shall not be acquired compulsorily, except in the manner and for the purposes prescribed by a law that requires both the payment of prompt compensation and compliance with the rule of law on access to court. In 2012, the Supreme Court of Nigeria delivered three decisions on the compulsory acquisition of land or the revocation of occupancy rights; Alhaji Tsoho Dan Amale v Sokoto Local Government and Others; Goldmark Nigeria Limited and Others v Ibafon Company Limited and Others; and Ohochukwu v Attorney General of Rivers State and Others. These three cases laid down principles on the subject which are worthy of exposition.

scholarly journals John A. Macdonald, “the Chinese” and Racist State Formation in Canada

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Timothy Stanley
Keyword(s):  
Indigenous People ◽  
Private Property ◽  
Biological Difference ◽  
Colonial Expansion ◽  
Collective Control ◽  
Property Owners ◽  
Initial Support ◽  
To Come ◽  
European Colonialism ◽  
The Right

In 1885, John Alexander Macdonald took the right to vote away from men racialized as Chinese on the grounds that they were biologically different from “Canadians” and that their presence threatened “the Aryan character” of Canadian society.  Through the 1885 Electoral Franchise Act, Macdonald was seeking to consolidate colonial expansion into the west by constituting the federal polity around the owners of private property, i.e., of land that had been converted from the collective control of Indigenous people. As elsewhere in the world, European colonialism in Canada involved taking control of Indigenous people’s territories and converting it to the private ownership of European colonizers.  Making ownership of property the key to membership in the federal polity explains Macdonald’s initial support for giving the vote to women. It also explains why his legislation gave the vote to Indigenous people who met the property qualification. For Macdonald, ownership of private property was the final proof of an individual’s acculturation to colonial dominance. Property-owners from China, by contrast, threatened European dominance in British Columbia. Basing exclusion on alleged biological difference made it inescapable and permanent. The 1885 Act was thus a key moment in forming the racist state in Canada. Indeed, the strong opposition to Macdonald’s introduction of biological racism, including in the Canadian Senate on the part of his own appointees, underscores the significance of this change, one that would have consequences for racialized and excluded groups for many years to come

Our Bodies, Whose Property?

2013 ◽  
Author(s):  
Anne Phillips
Keyword(s):  
Labor Markets ◽  
Personal Autonomy ◽  
The Body ◽  
Body Parts ◽  
Complex Issue ◽  
Human Organs ◽  
Property Owners ◽  
The Common ◽  
The Difference ◽  
The Right

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.

Contemporary Machiavellian theses "The strategy of the role of the absurd state as a model"

2020 ◽  
pp. 3
Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy
Keyword(s):  
International Relations ◽  
Decision Maker ◽  
Turning Point ◽  
Information Revolution ◽  
Main Hypothesis ◽  
The Subject ◽  
Area Of Influence ◽  
The Right ◽  
Modern Technologies

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).

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