THE NATURAL RIGHT OF PROPERTY

2010 ◽  
Vol 27 (1) ◽  
pp. 53-78 ◽  
Author(s):  
Eric Mack
Keyword(s):  
Property Rights ◽  
Natural Right ◽  
Inherent Feature ◽  
Initial Property ◽  
Right Of Property

AbstractThe two main theses of “The Natural Right of Property” are: (i) that persons possess an original, non-acquired right not to be precluded from making extra-personal material their own (or from exercising discretionary control over what they have made their own); and (ii) that this right can and does take the form of a right that others abide by the rules of a (justifiable) practice of property which facilitates persons making extra-personal material their own (and exercising discretionary control over what they have made their own). I articulate some of the good reasons we have to affirm persons' possession of an original, non-acquired right of self-ownership and argue that the same good reasons support the ascription to persons of a natural right of property. I contrast an “inherent feature” conception of the actions through which (initial) rights over extra-personal objects arise with a “practice” conception of (initial) entitlement-generating actions. I argue that the fact that the natural right to property can and does take the form of persons' rights that others abide by the rules of a (justifiable) practice of property explains how there are many instances of (initial) entitlement generation which are not plausibly explained by those wed to the inherent feature conception of entitlement-generating actions and why there is a strong conventional dimension in the procedures through which persons acquire (initial) property rights.

Property Rights: A Re-Examination

2020 ◽  
Author(s):  
J. E Penner
Keyword(s):  
Property Rights ◽  
Property Theory ◽  
Natural Right ◽  
Kantian Theory ◽  
Bundle Of Rights ◽  
Vexed Question ◽  
The Right ◽  
Jural Relations

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title, the right to immediate, exclusive, possession, and the power to licence what would otherwise be a trespass, and to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld’s concept of ‘multital’ jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner’s liberty to use her property and her ‘right to exclude’, with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

Locke and Intellectual Property Rights

2011 ◽  
pp. 83-98 ◽  
Author(s):  
Michael J. Scanlan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Natural Right ◽  
Positive Law ◽  
Original Acquisition

This chapter considers certain features of Locke’s account in Chapter V of his Second Treatise concerning how a natural right of ownership can arise in previously unowned goods. We note that some take this theory to be still applicable in our own day in situations of original acquisition of ownership in intellectual property. The chapter explains how a quasi-Lockean theory could support a very limited natural right to a species of intellectual property. But it also notes that this theory by itself is not strong enough to support a natural right in an intellectual property of the sort given by copyright. Such property rights must be provided as a result of positive law.

scholarly journals La actuación sobre el medio urbano de regeneración y renovación integrada. El nuevo paradigma de la gestión urbanística en suelo urbanizado = The integrated regeneration and renovation in the urban intervention. The new paradigm of city planning management

2020 ◽  
pp. 1
Author(s):  
Alvaro Cerezo Ibarrondo
Keyword(s):  
Urban Planning ◽  
Property Rights ◽  
City Planning ◽  
New Paradigm ◽  
Urban Intervention ◽  
Urban Preservation ◽  
Definition Of ◽  
The Right ◽  
Right Of Property ◽  
The City

ResumenLa actuación sobre el medio urbano de regeneración y renovación integrada (aMU-RRi) configura el nuevo paradigma de la intervención urbana, la preservación urbana con carácter conjunto e integrado. Para ello redefine la viabilidad económica, afecta el deber de conservación del derecho de propiedad a la actuación y articula un modelo de equidistribución de reparto de costes que supera las pautas del urbanismo que hemos conocido.El presente artículo constituye un breve recorrido histórico por los instrumentos y técnicas que ha dispuesto el urbanismo español para la preservación urbana: desde inviable e insostenible modelo clásico del urbanismo, pasando por el modelo de la sostenibilidad que incorporó la sostenibilidad plena y el régimen estatutario del derecho de propiedad, pero que estableció un régimen general de intervención sobre el suelo urbanizado inviable y dejó un hueco falto de regulación para la preservación de la ciudad; para alcanzar la definición de la aMU-RRi con la legislación del modelo por la ciudad y sus adaptaciones autonómicas de medio urbano y que ayudará a la formación del nuevo paradigma urbanístico, basado en la función social del derecho de propiedad que nos hemos dado para la preservación urbana conjunta e integrada de eso que llamamos, la ciudad.AbstractThe integrated urban regeneration and renewal intervention (aMU-RRi) configures the new paradigm of urban intervention, with its joint and integrated character for urban preservation. To this end, it redefines the economic viability, affects the duty of preservation of the right of property and articulates a model of equistribution of distribution of costs that surpasses the urban planning guidelines that we have known.This paper constitutes a brief historical journey through the instruments and techniques that Spanish urban planning has provided for urban preservation: from an unviable and unsustainable classic urban planning model, through the sustainability model that it incorporated full sustainability and the statutory property rights regime, but that established an unviable general intervention regime in the existing city areas and also left a gap due to the lack of regulation for the preservation of the city; and finally up to the definition of the aMU-RRi with city preserving legislation and its regional adaptations and that will help the formation of the new urban paradigm, based on the social function of property rights that we have been given for the joint and integrated urban preservation of what we call, the city.

scholarly journals Dasar-Dasar Pemikiran Perlindungan Hak Kekayaan Intelektual

2020 ◽  
Vol 15 (2) ◽  
pp. 193-208
Author(s):  
Darwance Darwance ◽  
Yokotani Yokotani ◽  
Wenni Anggita
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Right ◽  
Intellectual Abilities ◽  
Long Time ◽  
Basic Ideas ◽  
Protecting Intellectual Property

Basically, humans are born with different intellectual abilities in processing their thougths and produce somethingfrom that thought. Therefore, it is important to provide protection for the results of thought through the intellectual property rights regime. However, in practice there are still many cases where the intellectual property of a person or agroup or a legal entity is used without prior permission.  This juridical normative research examines fundamental thoughts for the protection of the results of one's thinking which is called intellectual property rights. There are several thoughts which become form the basis for protecting intellectual property rights; they are the natural right protection to reputation that has been built over a long time and quite high cost and also as a form of compensation and encouragement for people to create or find something.With the basic ideas behind the protection of IPR, the protection provided will be maximized, and the results of one's thinking will be more respected, both moral rights and economic rights

scholarly journals Charakter prawny ograniczeń sposobu korzystania z nieruchomości w związku z ochroną zasobów środowiska – refleksje na temat art. 129 Prawa ochrony środowiska

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 185-198
Author(s):  
Sławomir Pawłowski
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Environmental Law ◽  
Public Law ◽  
Environmental Resources ◽  
Legal Nature ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Right Of Property

The subject of the discussion is the legal nature of restrictions on the use of real estate in relation to the protection of environmental resources. Art. 129 of Environmental Law can have the effect that the use of a property or its part is impossible or substantially reduced. In doctrine, the dominant view is that such public-law interference in the right of property assumes the form of restriction referred to in Art. 64, par. 3 of the Constitution of the Republic of Poland. Another interpretation is also possible. Since the depth of the interference with property rights can lead to the effect that this property will become, as the Ombudsman has pointed out recently, “useless” to the owner, it would be reasonable to consider whether or not such property is de facto being expropriated. In such a case, the standard of constitutional control would be Art. 21, sec. 2.

On the Right of Property on Externalities

2004 ◽  
pp. 141-146 ◽  
Author(s):  
V. Novikov
Keyword(s):  
Economic Policy ◽  
Property Rights ◽  
Institutional Theory ◽  
Antitrust Policy ◽  
New Institutional Theory ◽  
Value Judgments ◽  
Property Rights Theory ◽  
The Right ◽  
Right Of Property

The basis of discussion on antitrust policy — the property rights theory — is identified in the article. The author analyses both some aspects of the new institutional theory and value judgments that are used in defining goals of state economic policy. He concludes that the tasks of antitrust policy should be changed and proposes some directions for such correction.

CLASSICAL NATURAL LAW THEORY, PROPERTY RIGHTS, AND TAXATION

2010 ◽  
Vol 27 (1) ◽  
pp. 21-52 ◽  
Author(s):  
Edward Feser
Keyword(s):  
Property Rights ◽  
Natural Law ◽  
Private Property ◽  
Natural Rights ◽  
Free Enterprise ◽  
Middle Ground ◽  
Moral Obligations ◽  
Natural Right ◽  
Social Democratic ◽  
Natural Law Theory

AbstractClassical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to supportlaissez fairelibertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise.

A tale of two water markets in Australia: lessons for understanding participation in formal water markets

2020 ◽  
Vol 36 (1) ◽  
pp. 132-153 ◽  
Author(s):  
Sarah Ann Wheeler ◽  
Dustin E Garrick
Keyword(s):  
Resource Allocation ◽  
Economic Policy ◽  
Property Rights ◽  
Management Strategy ◽  
Demand Management ◽  
Water Markets ◽  
Murray Darling Basin ◽  
Temporary Water ◽  
Initial Property ◽  
Compliance Requirements

Abstract Water markets are promoted as a demand-management strategy for addressing water scarcity. Although there is an increasing literature on the institutional preconditions required for successful formal water markets, there has been less focus on understanding what drives participation after establishment of the basic enabling conditions. Participation can be measured in terms of either trading activity (conducting either a permanent or temporary water trade) and/or trade volumes across time and market products. Australia’s water markets in the Southern and Northern Basins of the Murray-Darling Basin provide a notable example of a ‘tale of two water markets’, offering insights about the economic policy levers that can drive participation across different hydrological, irrigation, and socioeconomic contexts. Key lessons include: distribution of initial property rights in resource allocation; the need to prepare for and seize opportunities to strengthen property rights; and robust monitoring and compliance requirements—all of which will reduce transaction costs and increase participation.

scholarly journals Moratorium in business rescue scheme and the protection of company’s creditors

2017 ◽  
Vol 13 (1) ◽  
pp. 59-67 ◽  
Author(s):  
Anthony O. Nwafor
Keyword(s):  
Property Rights ◽  
South African ◽  
Financial Distress ◽  
Legal Proceedings ◽  
Competing Interests ◽  
The Law ◽  
Constitutional Right ◽  
Purpose Of Business ◽  
Right Of Property ◽  
A Company

The concept of business rescue has been acknowledged as one of the innovative paths towed by the South African Companies Act 71 of 2008. The primary purpose of business rescue, as set down by the law, is to facilitate the rehabilitation of a company that is in financial distress. Attaining that purpose could, however, come at a price to the company’s creditors. The law imposes a temporary restriction on legal proceedings, enforcement actions and the property rights of creditors. Unless the written consent of the business rescue practitioner or the leave of the court is first sought and obtained, the creditors cannot have any recourse against the company. The paper argues that the statutory moratorium could constitute an affront on the constitutional right of property, and further contends that while the business rescue practitioner whose governance role naturally supplants that of the board, would not ordinarily grant such consent, the courts are seemingly more neutrally disposed for recourse by the creditors who seek to exercise their rights against the company. In weighing the competing interests, greater consideration should be accorded to the creditors, the protection of whose interests are generally more compelling whenever the company is in financial distress.

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