Law and Agrarian Society in India: The Case of Bihar and the Nineteenth-Century Tenancy Debate

1988 ◽  
Vol 22 (2) ◽  
pp. 319-354 ◽  
Author(s):  
Peter Robb
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Private Property ◽  
The Political ◽  
Private Property Rights ◽  
Agrarian Society ◽  
Revenue Collection ◽  
State Involvement ◽  
Political Implications ◽  
Personal Law

David Washbrook's original treatment of the question of law and society, to which the title of the present paper refers, has not yet stimulated the response which might have been expected. It is a wideranging study; only part of it will be taken up in this paper, namely its arguments about landed property rights in the nineteenth century. Washbrook states that in the first half of the century private property in land remained a ‘pure farce’ in India because of continued state involvement in the economy, excessive revenue demands, the persistence of personal law (as codified), and the weakness of the system of courts. He emphasizes the political implications of the co-option of dominant groups for revenue collection and other purposes of British administration. For the second half of the century, Washbrook proposes an improvement in the position of landed and powerful interests, as the law at last ‘beat back the frontier’ of personal law and disentangled private property rights from family and communal fetters.

Spanish Imperial Vassalage and the Social Reproduction of Slavery in Colonial Cuba

2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison
Keyword(s):  
Nineteenth Century ◽  
Political Economy ◽  
Property Rights ◽  
Social Reproduction ◽  
Private Property ◽  
Spanish America ◽  
Private Property Rights ◽  
Center Point ◽  
The Social ◽  
The Relationship

Abstract With the social reproduction of slavery in colonial Cuba as its center point, this essay draws on the recent historiographical acknowledgment of the way vassalage mediated the often starkly drawn social distinctions between whites and enslaved people within colonial Spanish America. Inside the region’s emergent, capitalist political economy, feudal vassalage continued to define each social sector’s rights and responsibilities vis-á-vis the Spanish Crown. The rights of enslaved vassals derived from their potential contributions to the Spanish monarchy’s imperial survival, in their capacity to populate the extensive empire with loyal Catholic subjects and potential military defenders. These concerns also justified the Spanish monarchial state’s ability to intervene between its slaveholding vassals and its enslaved vassals, by limiting private property rights over enslaved people and operating in ways that did not fully conform to capitalist profit motives. Awareness of such sovereign-vassal interdependencies challenges historians to broaden their understanding of the relationship between capitalism and slavery to include the remnants of feudal social-political forms, even into the nineteenth century.

Property

2017 ◽  
Author(s):  
Marco Barducci
Keyword(s):  
Property Rights ◽  
Social Contract ◽  
Private Property ◽  
The Political ◽  
Individual Rights ◽  
Law Of War ◽  
Political Implications ◽  
The Social ◽  
The Commons ◽  
The Relationship

Chapter 6 will focus primarily on the political implications of Grotius’ theory of ‘limited’ property as they concerned the relationship between the sphere of individual rights, the social contract, and the prerogatives of civil power. From the debate on the abolition of tithes in the early 1640s to the controversy between Filmer and Locke in the 1680s, the debates on property rights revolved around how much individuals could impropriate from the commons stock and, accordingly, on the limits and prerogatives of civil power in regulating private property. Grotius’ theory of property, along with his analysis of the law of war, were also components of Dutch and English expansion overseas.

The Pre-Petrine Law of Property

Slavic Review ◽  
1993 ◽  
Vol 52 (4) ◽  
pp. 663-679 ◽  
Author(s):  
George G. Weickhardt
Keyword(s):  
Property Rights ◽  
Legal History ◽  
Private Property ◽  
Legal Order ◽  
The Political ◽  
The West ◽  
Private Property Rights ◽  
Royal Power

The development or lack of development of private property rights in Russia commands interest and significance far beyond the narrow confines of legal history. The institution of private property serves not only as a bulwark of stability but also as a limit to the state's authority. In the words of Richard Pipes, “Ownership of property creates a commitment to the political and legal order since the latter guarantees property rights: it makes the citizen into a co-sovereign, as it were.” Elsewhere Pipes notes that in the west private property “confronted royal power with effective limits to its authority.”

LYSANDER SPOONER: NINETEENTH-CENTURY AMERICA'S LAST NATURAL RIGHTS THEORIST

2012 ◽  
Vol 29 (2) ◽  
pp. 139-176 ◽  
Author(s):  
Eric Mack
Keyword(s):  
Nineteenth Century ◽  
Intellectual Property ◽  
Property Rights ◽  
Natural Law ◽  
Political Thought ◽  
Private Property ◽  
Natural Rights ◽  
Private Property Rights ◽  
Nineteenth Century America ◽  
Herbert Spencer

AbstractThe main purpose of this essay is to articulate the ideas of the last powerful advocate of natural rights in nineteenth-century America. That last powerful advocate was the Massachusetts-born radical libertarian Lysander Spooner (1808-1887). Besides his powerful antebellum attacks on slavery, Spooner developed forceful arguments on behalf of a strongly individualistic conception of natural law and private property rights and against coercive moralism, coercive paternalism, and state authority and legislation. This essay focuses on the theoretical core of Spooner’s position which is his doctrine of natural rights—a doctrine that is primarily developed in Spooner’s The Law of Intellectual Property (1855), Natural Law (1882), and A Letter to Grover Cleveland (1886). I situate Spooner within the libertarian tradition in political thought by beginning this essay with an examination of two English writers whose radical writings (for the most part) preceded Spooner’s—Thomas Hodgskin (1787-1869) and the early Herbert Spencer (1820-1903). I emphasis the strongly Lockean character of Spooner’s thought and support this contention in part by showing how much more Lockean Spooner was than either Hodgskin or the early Spencer.

Institutions, democracy and growth in the very long run

2013 ◽  
Vol 63 (4) ◽  
pp. 493-510 ◽  
Author(s):  
Konstantin Yanovskiy ◽  
Sergey Shulgin
Keyword(s):  
Economic Growth ◽  
Property Rights ◽  
Private Property ◽  
The Political ◽  
Political Regimes ◽  
Economic Rights ◽  
Private Property Rights ◽  
Long Run

We tested the hypothesis of the political basis for economic rights and constructed our own variables of political regimes’ classification for the years 1820–2000. We found significant positive interdependencies between democracy indicators and economic growth. The protection of private property rights requires, first and foremost, due guarantees for personal immunity. Discretionary arrests and property seizures undermine any formal guarantees of private property, low taxation benefits, etc. Personal immunity should be defended even for “unpleasant” persons or for the possible political opponents of the country’s ruler.

LAND PLOT AS AN OBJECT OF PRIVATE PROPERTY RIGHTS

2020 ◽  
Author(s):  
Vyacheslav Vovk
Keyword(s):  
Property Rights ◽  
Land Management ◽  
Land Reform ◽  
Essential Role ◽  
Private Property ◽  
Rich Country ◽  
Private Property Rights ◽  
Land Plot ◽  
Government Supervision

Russia is a resource-rich country, and great changes are being made today in order that land and its resources are used for the benefit of any citizen of our state. Under the circumstances government supervision (control) over the optimal use of territories gets the essential role. The rights that are contained in land reform give owners, landowners, land users, and employers extensive powers concerning independent land management.

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

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