scholarly journals For and Against Ownership: William Godwin's Theory of Property

2009 ◽  
Vol 71 (2) ◽  
pp. 275-302 ◽  
Author(s):  
Robert Lamb
Keyword(s):  
Property Rights ◽  
Private Property ◽  
The Other ◽  
Political Justice ◽  
Property Ownership ◽  
Political Morality ◽  
The One ◽  
The Right ◽  
British Philosopher

AbstractThis article offers an interpretation of British philosopher William Godwin's theory of property ownership, as outlined in hisEnquiry Concerning Political Justice. Godwin's work can be read as presenting an incoherent account of property rights, which, on the one hand, justifies its existence on seemingly utilitarian grounds while, on the other, impugns its legitimacy on egalitarian grounds. But the contradiction apparent in Godwin's position is actually illusory and can in fact be plausibly interpreted as comprising a coherent two-level understanding of political morality, wherein the right to own private property is best comprehended as a “right to do wrong.”

A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)

2009 ◽  
Vol 16 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Margaret Beukes
Keyword(s):  
Property Rights ◽  
South African ◽  
Cape Town ◽  
The Other ◽  
Heritage Conservation ◽  
South African Context ◽  
Sensitive Issue ◽  
African Context ◽  
The One ◽  
The Right

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.

Response: Not So…

2004 ◽  
Vol 66 (4) ◽  
pp. 571-573
Author(s):  
James R. Stoner
Keyword(s):  
Property Rights ◽  
Dynamic Property ◽  
Henry James ◽  
Private Property ◽  
The Other ◽  
Other Hand ◽  
Human Creativity ◽  
The One ◽  
Post Hoc ◽  
True Intention

It was not the exquisite self-consciousness of a Henry James that I had in mind when I wondered about equality and hierarchy in Locke, but the assertive self-consciousness or—what is for Locke ultimately the same—self-interestedness of an Andrew Carnegie, as exemplified both in the acquisition and the dispersion of his fortune. After all, it was Locke's genius in chapter five of the Second Treatise to make the case for private property on different grounds than had Aristotle because he conceived of property in a different way: as the fruit, not of nature, but of human creativity, less interesting for its use in leisure than for its origin in labor. As Strauss and even Zuckert have suggested, the brilliance of Locke's argument does not eclipse its underlying contradiction, that on the one hand the initial right to acquire seems to depend on there being “enough and as good” left for others, as though man lived amidst natural plenty, while on the other hand the account of the progressive rise in value consequent to enclosure (and the post hoc justification for property rights that it implies) describes natural scarcity. Holding that “a man may deliberately contradict himself in order to indicate his thought rather than to reveal it,” Strauss takes Locke's “revolutionary” teaching about “‘dynamic’ property” to indicate his true intention:

Liberty and Socialism

2012 ◽  
Author(s):  
Alan Ryan
Keyword(s):  
Property Rights ◽  
Educational System ◽  
Private Property ◽  
The Other ◽  
Intellectual Freedom ◽  
Private Property Rights ◽  
The One ◽  
Means Of Production

This chapter examines whether socialism may be more consistent with liberty than capitalism is. It concentrates on two issues, one related to property and the other to education. It first considers whether the abolition of private property rights in the means of production would in itself be an assault on freedom. Some defenders of socialism, as well as its critics, think of socialism as the search for justice, welfare, or fraternity at the expense of freedom—or “bourgeois freedoms.” The chapter proceeds by discussing whether a “no-ownership” regime would allow room for greater or lesser intellectual freedom, for a more or less libertarian educational system. It argues that serious socialism must be concerned with constitutional issues, and especially with issues of decentralization, on the one hand, and the protection of individuals against maladministration, on the other.

Locke and the Fundamental Right to Preservation: on the Convergence of Charity and Property Rights

2015 ◽  
Vol 77 (2) ◽  
pp. 191-215
Author(s):  
Juliana Udi
Keyword(s):  
Property Rights ◽  
The Other ◽  
Poor Relief ◽  
Poor Law ◽  
The Poor ◽  
Other Hand ◽  
Principle Of Charity ◽  
The One ◽  
The Right ◽  
Relief System

AbstractLooking to the relatively recent “religious turn” in Locke scholarship, this paper argues for an interpretation that reconciles two apparently contradictory aspects of his thought: on the one hand, property rights, thought absolute by many of Locke's readers; on the other hand, Locke's notion of duties of charity. On the basis of a rereading of the “Essay on the Poor Law,” I argue that Lockean charity may ground coercively enforceable distributive obligations. Nevertheless, I contend that the redistributive poor-relief system grounded on the principle of charity does not infringe property rights. The reason for this is that the right to charity and the right to property are both based on Locke's theological commitment to the right of each man to the means of preservation.

Is the Institution of Private Property Part of the Natural Law? Ius gentium and ius naturale in Aquinas’s Account of the Right to “Steal” When in Urgent Need

2018 ◽  
Vol 92 ◽  
pp. 189-210
Author(s):  
Francis Feingold ◽  
Keyword(s):  
Natural Law ◽  
Private Property ◽  
The Other ◽  
Strict Sense ◽  
Other Hand ◽  
Human Use ◽  
The One ◽  
The Right ◽  
Ius Gentium

Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon natural law in the strict sense. I argue that this relegation of private property to the ius gentium is necessary in order for Aquinas to coherently maintain that it is licit to “steal” when in dire need, but that this relegation nonetheless does not deprive private property of the kind of “natural” character which Leo XIII ascribes to it.

Challenges of Media Education Standards in Georgia

2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua
Keyword(s):  
Working Conditions ◽  
Teaching Methods ◽  
International Standards ◽  
The Other ◽  
Historical Background ◽  
Journalism Education ◽  
Education Standards ◽  
Modern Media ◽  
The One ◽  
The Right

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.

The Taubman/Golandsky Approach to the Violin

Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 7
Author(s):  
Sophie Till
Keyword(s):  
The Other ◽  
Technical Approach ◽  
Piano Technique ◽  
Pedagogical Approach ◽  
New Developments ◽  
Body Of Knowledge ◽  
Music Making ◽  
Helping Others ◽  
The One ◽  
The Right

Three years ago Sophie Till started working with pianist Edna Golandsky, the leading exponent of the Taubman Piano Technique, an internationally acclaimed approach that is well known to pianists, on the one hand, for allowing pianists to attain a phenomenal level of virtuosity and on the other, for solving very serious piano-related injuries. Till, a violinist, quickly realized that here was a unique technical approach that could not only identify and itemize the minute movements that underlie a virtuoso technique but could show how these movements interact and go into music making at the highest level. Furthermore, through the work of the Golandsky Institute, she saw a pedagogical approach that had been developed to a remarkable depth and level of clarity. It was an approach that had the power to communicate in a way she had never seen before, despite her own first class violin training from the earliest age. While the geography and “look” on the violin are different from the piano, the laws governing coordinate motion specifically in playing the instrument are the same for pianists and violinists. As a result of Till’s work translating the technique for violin, a new pedagogical approach for violinists of all ages is emerging; the Taubman/Golandsky Approach to the Violin. In reflecting on these new developments, Edna Golandsky wrote, “I have been working with the Taubman Approach for more than 30 years and have worked regularly with other instrumentalists. However, Sophie Till was the first violinist who asked me to teach her with the same depth that I do with pianists. With her conceptual and intellectual agility as well as complete dedication to helping others, she has been the perfect partner to translate this body of knowledge for violinists. Through this collaboration, Sophie is helping develop a new ‘language’ for violinist that will prevent future problems, solve present ones and start beginners on the right road to becoming the best they can be. The implications of this new work for violinists are enormous.”

scholarly journals MAPPING AND ENHANCING DESIGN STUDIES WITH PSI META-THEORETIC DESIGN FRAMEWORK

2021 ◽  
Vol 1 ◽  
pp. 2007-2016
Author(s):  
Yoram Reich ◽  
Eswaran Subrahmanian
Keyword(s):  
Design Research ◽  
The Other ◽  
Design Studies ◽  
Abstraction Level ◽  
Follow Up Studies ◽  
The One ◽  
The Right ◽  
Abstract Framework ◽  
Tools And Methods

AbstractDesign research as a field has been studied from diverse perspectives starting from product inception to their disposal. The product of these studies includes knowledge, tools, methods, processes, frameworks, approaches, and theories. The contexts of these studies are innumerable. The unit of these studies varies from individuals to organizations, using a variety of theoretical tools and methods that have fragmented the field, making it difficult to understand the map of this corpus of knowledge across this diversity.In this paper, we propose a model-based approach that on the one hand, does not delve into the details of the design object itself, but on the other hand, unifies the description of design problem at another abstraction level. The use of this abstract framework allows for describing and comparing underlying models of published design studies using the same language to place them in the right context in which design takes place and to enable to inter-relate them, to understand the wholes and the parts of design studies.Patterns of successful studies could be generated and used by researchers to improve the design of new studies, understand the outcome of existing studies, and plan follow-up studies.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

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