scholarly journals ‘Economic property rights’ as ‘nonsense upon stilts’: a comment on Hodgson

2015 ◽  
Vol 11 (4) ◽  
pp. 725-730 ◽  
Author(s):  
DANIEL H. COLE
Keyword(s):  
Property Rights ◽  
Social Contract ◽  
Collective Intentionality ◽  
Brute Fact ◽  
Category Mistake ◽  
Institutional Fact ◽  
The World ◽  
Collective Acceptance ◽  
The Right

AbstractHodgson's (2015) critique of extra-legal ‘property rights’ – in this case, so-called ‘economic property rights’ – is right on target. This Comment contributes two further points to his critique. First, the notion of ‘economic property rights’ is based on what Gilbert Ryle (1949) referred to as a ‘category mistake’, conflating physical possession, which is a brute fact about the world, with the right or entitlement to possession, which is a social or institutional fact that cannot exist in the absence of some social contract, convention, covenant, or agreement. The very notion of a non-institutional ‘right’ is oxymoronic. Second, the fact that property is an institutional fact does not mean it must exist with the structure of a ‘state’ (as Bentham suggested). Rather, institutions like ‘property rights’ only require some community, however large or small, operating with what Searle (1995; 2005) calls collective intentionality and collective acceptance, according to shared ‘rules of recognition’ (Hart, 1997).

The national idea of Russia in the world-historical progress of equality, freedom and justice. Manifesto on Islam

2021 ◽  
Author(s):  
Vladik Nersesyanc
Keyword(s):  
Social Contract ◽  
Socialist System ◽  
Equal Share ◽  
Historical Progress ◽  
The World ◽  
The Creation ◽  
The Right

The article substantiates the doctrine of Zionism as a post-socialist system and the national idea of modern Russia. The basis of civilizationism is civil property, the right of every citizen to an equal share of the socialist inheritance (national property). In the current circumstances, to achieve a real socio-political agreement in the country, to overcome the war for property, to really recognize the results of previous reforms by society and to support new transformations, a fair social contract on the creation of a civil property fund is necessary.

The Gilets Jaunes and the New Social Contract

2021 ◽  
Author(s):  
Charles Devellennes
Keyword(s):  
Social Movement ◽  
Social Contract ◽  
Political Leaders ◽  
The Social ◽  
The World ◽  
Fundamental Challenge ◽  
New Type ◽  
The Individual ◽  
The Right ◽  
The Impact

This book provides a detailed account of the gilets jaunes, the yellow vest movement that has shaken France since 2018. The gilets jaunes are a group of French protesters named after their iconic yellow vests worn during their demonstrations, who have formed a new type of social movement. They have been variously interpreted since they began their occupation of French roundabouts: at first received with enthusiasm on the right of the French political establishment, and with caution on the left. They have provided a fundamental challenge to the social contract in France, the implicit pact between the governed and their political leaders. The book assesses what lessons can be drawn from their activities and the impact for the contemporary relationship between state and citizen. Informed by a dialogue with past political theorists — from Hobbes, Spinoza and Rousseau to Rawls, Nozick and Diderot — and reflecting on the challenges posed by the yellow vest movement, the book rethinks the concept of the social contract for contemporary societies around the world. It proposes a new relationship between the state and the individual, and establishes the necessity of rethinking the modern democratic nature of our representative polities in order to provide a genuine process for the healing of social ills.

The Trans-Pacific Partnership’s patent linkage: Unfriending or befriending the right to biologics?

2019 ◽  
Vol 15 (2) ◽  
pp. 61-68
Author(s):  
Zeleke Temesgen Boru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
The World ◽  
The Right ◽  
Patent Linkage

The World Trade Organization brought Intellectual Property Rights into the multilateral trading system. The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which formed part of the Agreement Establishing the World Trade Organization, established a minimum level of protection with respect to various forms of Intellectual Property Rights. However, in the aftermath of its adoption, several Free Trade Agreements, which include Intellectual Property Rights provisions of different potency, have come into existence. These Free Trade Agreements have given rise to what is commonly known as TRIPS-plus IP provisions. The provisions may renege on States’ obligation to promote access to biologics, medicines which are derived from proteins through biotechnological process. In this light, one recent Free Trade Agreement is the Trans-Pacific Partnership Agreement, which requires its Parties to implement a number of TRIPS-plus obligations, including data exclusivity and patent linkage. Against the aforementioned backdrop, this article focuses on patent linkage and explores whether the provision allows the Trans-Pacific Partnership Parties to utilize TRIPS flexibilities to promote the right to biologics. In doing so, the article provides potential responses to the question, does patent linkage deter the realization of the right to biologic? With the purpose to do so, while the first section provides a concise introduction into the agreement, the second section discusses the TRIPS standard on patent. While the third part demonstrates the nature of obligations enshrined in the Trans-Pacific Partnership’s rule on patent linkage, the fourth section investigates the obligations’ implication on the right to biologics. The last section provides the conclusion.

scholarly journals TERMS OF JOINING WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

2018 ◽  
Author(s):  
sulistyawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
United Nations ◽  
Intellectual Property Rights ◽  
World Intellectual Property Organization ◽  
Cooperation Agreement ◽  
Registration System ◽  
The World ◽  
The Hague ◽  
The Right

The World Intellectual Property Organization (WIPO) is an organization under the United Nations. which specializes in the field of intellectual property rights. WIPO was formed in 1967 with the aim "to encourage creativity and introduce protection of intellectual property throughout the world. WIPO currently has 184 countriesin wipo there is a registration system that regulates the Patent Cooperation Agreement, namely the Madrid System for the brand and the Hague system for the Right to Industrial Design

Part V The Effects of Assignment, The Persistence of Property Rights, and The Vindication of An Owner’s Rights, 26 Consequences and Effects of An Assignment

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
Property Rights ◽  
The World ◽  
The Right

This chapter discusses the consequences and effects of an assignment. Although the paradigm of transfer applies clearly to multilateral intangible property, it applies much less easily to bilateral intangible property. Interests in multilateral intangible property are fully fledged property rights, good against ‘all the world’. Bilateral intangible property, whilst undoubtedly having some of the characteristics of property, lacks this characteristic of universal enforceability. In the case of bilateral intangible property, the right that is transferred remains, for all its transferability, a personal right as against an identified debtor. There is no question of a right subsisting against ‘all the world’. Rather, there is a right—originally owed by the debtor to the assignor—that is transferred from the assignor to the assignee.

Peran Pengawasan Internal Dalam Menghindari Kutukan Sumber Daya Alam

Liquidity ◽  
2016 ◽  
Vol 5 (1) ◽  
pp. 1-9
Author(s):  
Andilo Tohom
Keyword(s):  
Natural Resources ◽  
Internal Audit ◽  
Rent Seeking ◽  
Rich Country ◽  
Literature Study ◽  
Indonesian Government ◽  
The World ◽  
Policies And Programs ◽  
The Right

Indonesia is one of many countries in the world so called resource-rich country. Natural resources abundance needs to be managed in the right way in order to avoid dutch diseases and resources curses. These two phenomena generally happened in the country, which has abundant natural resources. Learned from Norwegian experiences, Indonesian Government need to focus its policy to prevent rent seeking activities. The literature study presented in this paper is aimed to provide important insight for government entities in focusing their policies and programs to avoid resources curse. From the internal audit perspective, this study is expected to improve internal audit’s role in assurance and consulting.

What Is an Institution?

2007 ◽  
pp. 5-27 ◽  
Author(s):  
J. Searle
Keyword(s):  
Physical Structure ◽  
Necessary Condition ◽  
Collective Intentionality ◽  
Institutional Facts ◽  
Institutional Fact ◽  
The Status ◽  
The Creation ◽  
State Of Affairs ◽  
In Virtue Of ◽  
Typical Point

The author claims that an institution is any collectively accepted system of rules (procedures, practices) that enable us to create institutional facts. These rules typically have the form of X counts as Y in C, where an object, person, or state of affairs X is assigned a special status, the Y status, such that the new status enables the person or object to perform functions that it could not perform solely in virtue of its physical structure, but requires as a necessary condition the assignment of the status. The creation of an institutional fact is, thus, the collective assignment of a status function. The typical point of the creation of institutional facts by assigning status functions is to create deontic powers. So typically when we assign a status function Y to some object or person X we have created a situation in which we accept that a person S who stands in the appropriate relation to X is such that (S has power (S does A)). The whole analysis then gives us a systematic set of relationships between collective intentionality, the assignment of function, the assignment of status functions, constitutive rules, institutional facts, and deontic powers.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

CONSTITUTIONAL AND TRANSLATIVE ACQUISITION OF RIGHTS IN THE CONTEXT OF THE DOCTRINE OF OWNERSHIP TRANSFER

2017 ◽  
Author(s):  
Myroslava Hudyma ◽  
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Legal Capacity ◽  
Close Attention ◽  
Ownership Transfer ◽  
The Right ◽  
Qualitative Characteristics

Within the framework of the general doctrine of constitutive and translational acquisition of rights, the publication made an attempt to identify their suitability for describing the phenomenon of ownership transfer. The general characteristics of translational and constitutive acquisition of rights are analyzed, their differences are highlighted, and it is emphasized that the specified types can cover such legal situations as full transfer of the right (the right as a whole), and transfer of a part of powers (as components of the certain right). The paper underlines that the differences between the types of acquisition of rights are not so much quantitative (one jurisdiction or their complex is transferred), as qualitative characteristics and such issues are especially relevant in the spectrum of research on the transfer of ownership as a right that includes a triad of powers. Close attention is paid to the construction of constitutive acquisition of right, the possibility of use of which is extremely controversial, due to the overwhelming denial of the correctness of separation and alienation of a separate authority from ownership right, because the approval of the latter will lead to theoretical dissonance on the existence of incomplete (split ownership). It is emphasized that the application of the construction of the transfer of authority can take place in different shades of meaning and be combined with the right alienation, and without it. Therefore, the construction of right granting without alienation of the right is quite viable. Moreover, the transfer of one or even several powers of the owner is not only practically possible, but also necessary to establish limited property rights on the basis of full property right (ownership right). However, it is noted that in these cases, the acquirer will not receive the right of the alienator as a whole, but only certain legal possibilities of behavior in relation to a particular good. The legal capacity of the acquirer will not coincide with the legal capabilities of the alienator in content and scope, and therefore to talk about the transfer of ownership is incorrect, only a certain authority (powers) of the owner will be transferred, provided its (their) separation admissibility. The paper concludes that the specifics of property rights, which forms a triad of indivisible powers, determines the possibility of applying the construction «transfer of ownership» only to cases of translational acquisition of right, in which the acquirer receives a right identical to the right of the grantor both in content and volume.

Chimeras In Time-Honored Societies

Think India ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 463-466
Author(s):  
TUMMALA. SAI MAMATA
Keyword(s):  
Major Elements ◽  
The Sun ◽  
Human Beings ◽  
Life Changes ◽  
Inner Self ◽  
The World ◽  
Nature And Nurture ◽  
The Individual ◽  
The Right ◽  
Superstitious Beliefs

A river flows serenely accepting all the miseries and happiness that it comes across its journey. A tree releases oxygen for human beings despite its inner plights. The sun is never tired of its duty and gives sunlight without any interruption. Why are all these elements of nature so tuned to? Education is knowledge. Knowledge comes from learning. Learning happens through experience. Familiarity is the master of life that shapes the individual. Every individual learns from nature. Nature teaches how to sustain, withdraw and advocate the prevailing situations. Some dwell into the deep realities of nature and nurture as ideal human beings. Life is a puzzle. How to solve it is a million dollar question that can never be answered so easily. The perception of life changes from individual to individual making them either physically powerful or feeble. Society is not made of only individuals. Along with individuals it has nature, emotions, spiritual powers and superstitious beliefs which bind them. Among them the most crucial and alarming is the emotions which are interrelated to others. Alone the emotional intelligence is going to guide the life of an individual. For everyone there is an inner self which makes them conscious of their deeds. The guiding force should always force the individual to choose the right path.  Writers are the powerful people who have rightly guided the society through their ingenious pen outs.  The present article is going to focus on how the major elements bound together are dominating the individual’s self through Rabindranath Tagore’s Home and the World (1916)

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