Radical Conservatives II

Just Property ◽  
2020 ◽  
pp. 191-216
Author(s):  
Christopher Pierson

This chapter continues the evaluation of ideas about property amongst radical conservatives. The focus is on three English writers: William Cobbett, G. K. Chesterton, and Hilaire Belloc. They all condemned recent changes in the property order in Britain and called for radical reform to reverse it. Cobbett was concerned above all with the disruption to an established, paternalistic property order in the countryside, which disruption he associated, above all, with a new commercial order, paper money, and excessive taxation. He wished to see the old, and benign, property regime in agricultural areas re-established. Chesterton and Belloc were also hostile to commercialism and ‘new money’. They advocated a radical redistribution of private property and were associated with a political movement designed to achieve this, distributism. For them, property was a conservative principle and encouraged conservative behaviour—but only when widely distributed. This required a radical redistribution—and it might take a revolution to achieve it.

2020 ◽  
Vol 64 (3) ◽  
pp. 351-364
Author(s):  
Fiona Macmillan

Starting from an argument about the relationship between cultural heritage and national and/or community identity, this article considers the different ways in which both the international law regime for the protection of cultural heritage and the international intellectual property regime tend to appropriate cultural heritage. The article argues that, in the postcolonial context, both these forms of appropriation continue to interfere with the demands for justice and for the recognition of historical wrongs made both by indigenous peoples and by many developing countries. At the same time, the article suggests that these claims are undermined by the misappropriation of the postcolonial discourse with respect to restitution of cultural heritage, particularly in the intra-European context. The article advocates the need for a regime for the protection of cultural heritage that is strong enough to resist its private appropriation through the use of intellectual property rights and nuanced enough to recognise significant differences in the political context of local and national claims to cultural heritage.


2018 ◽  
Vol 5 (24) ◽  
Author(s):  
O. V. Andriyenko

In the article the historical aspect of liberalism, neo-liberalism, conservatism and neo-conservatism has been analyzed. Liberalism has been defined as the social and political theory founded on ideas of liberty and equality, free and fair elections, inborn civil rights, freedom of the press, freedom of religion, free trade, and private property. Liberalism is also a kind of political philosophy and worldview, program and practice. Conservatism has been defined as a social and political movement which is oriented on maintenance and reinforcement of existing forms of social, economic and political life, traditional spiritual values and which denies revolutionary changes and express distrust to people’s movement and radical reforms. The accent has been made on the fact that conservatism appeared after the Great French Revolution as a result of criticism of its experience. It was actively developed by many thinkers: E. Burk, J. de Maistre and L. de Bonald, F. de Chateaubriand, F. de Lamennais, B. Disraeli and O. von Bismarck, G. Moska, M. Heidegger, D. Bell and S. Lipset.Key words: Liberalism, Neo-Liberalism, Conservatism, Neo-Conservatism, Historical development, Politics. 


2020 ◽  
Vol 7 (2) ◽  
pp. 1-21
Author(s):  
Dallas Jokic

This paper considers the emergence of white nationalist movements in Canada and their relationship to settler colonialism. How do ideas of Canada as a white nation, and fear mongering about white Canadians being “replaced” come to be so effective in a context in which white people have typically been the replacers themselves? While the Canadian state frames itself as multicultural, many of its laws and practices cultivate white nationalist beliefs, affects, and feelings. The state informally deputizes white settlers as owners and protectors of private property and uses them to dispossess Indigenous peoples from their land in order to appropriate it. This deputization protects both the material territory of the state and the affective and ideological justification for the continuation of settler colonialism. Private ownership of land cannot be understood merely as a legal capitalist relation, but is feltby many settlers as a deep, primordial connection to the land. Acts of settler violence both express and shape the racialized core of Canada. I propose thinking about settler private property as what I call “settler whitespace,” which is not only protective and expansive, but also involves the fabrication of an idea of white nativity to Canadian territory. This racialization of space serves to naturalize racist violence, cultivate hypermasculine expressions of whiteness, and ground white claims of exclusive belonging to Canada, all characteristic of the resurgent far-right. The property regime of Canada is not just part of its territorializing project; it lays the groundwork for white nationalist movements.


Author(s):  
Matthew Canfield

Property regimes refer to the political, legal, and economic systems through which societies order their relationships between people with respect to valued things. Anthropologists and legal scholars have long been engaged in a dynamic dialogue about the organization and practice of property regimes. However, whereas legal theory has been uniquely concerned with ownership and private property as a system for allocating scarce goods and resources, anthropologists have investigated how property is constructed and shaped by everyday practice, illuminating how the distinctions between law and practice mutually constitute power relations. This chapter reviews how anthropologists have attended to aporias of property theory by ethnographically analysing conflicts and transformations between property regimes. It surveys anthropological insights into three continuing processes of property regime transformation: decolonization, privatization, and enclosure. In addition, it analyses two emergent processes around which property claims are being reconfigured: dematerialization and rematerialization. The dematerialization of property through informational and financial capitalism is occurring at a time when industrial modes of carbon-dependent accumulation are facing ecological limits brought on by climate change. However, technologies of informationalization and financialization are also rematerializing property regimes by constructing new calculative devices and global markets for increasingly limited natural resources. How these emerging regimes shape social relations between people, the distribution of social entitlements, and the boundaries between persons and things offers an important field of ethnographic enquiry.


2021 ◽  
pp. 147488512110506
Author(s):  
Alexander Bryan

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production.


Dialogue ◽  
1990 ◽  
Vol 29 (1) ◽  
pp. 133-140
Author(s):  
Jan Narveson

Do individuals have a right to private property? That is the question pursued in this lengthy investigation (445 pages). Waldron distinguishes utilitarian arguments from “Right-based” ones. That is hardly an exhaustive distinction, one would think; reliance on its being so would not bode well. But having made such a distinction, he believes that the question comes to whether there are “any good right-based arguments for private property.” This, he thinks, amounts to the question: are any important individual interests served “by the existence of private property as opposed to someother sort of property regime?” The alternative, he thinks, is to turn to utilitarian arguments about property institutions, “rather than having it treated as the basis of right” (p. 5). How we are to measure “importance,” and to whom the proposed regimes are to be important is not discussed. And of course some think that we can, too, have a utilitarian-based theory of rights. And there will be other complaints about Waldron's framework; but we will not be able to go further into such matters here.


1996 ◽  
Vol 10 (2) ◽  
pp. 87-103 ◽  
Author(s):  
Andrzej Rapaczynski

Using the experiences of Eastern Europe as an example, this article argues that, contrary to the economists’ assumption that property rights are a precondition of a market economy, market institutions are often a prerequisite for a viable private property regime. Progress in the development of complex property rights in Eastern Europe, thus, cannot be expected to come primarily from a perfection of the legal system. Instead, it is more likely to arise as a market response to the demand for property rights. Indeed, legal entitlements can only be expected to become effective against a background of self-enforcing market mechanisms.


Author(s):  
Abraham Bell ◽  
Gideon Parchomovsky ◽  
Benjamin Weitz

In this chapter, we discuss the unique property norms that emerged within the Israeli kibbutz and the challenges to which they gave rise. Originally, the prevailing property regime in kibbutzim reflected a deep commitment to socialist ideology. All property was owned by the collective and individual members only held licences or permits to use kibbutz property. With time, as Israeli society has moved towards a free market economy and following a series of financial crises, most kibbutzim have abandoned the strict ban on private property and have gradually gravitated towards a system of private property rights. This transition has given rise to intricate legal challenges. It forced kibbutzim to adopt a system of allocating private property rights to their members in assets and has required Israeli courts to grapple with unique property arrangements that existed solely within kibbutzim and effectuate them within the formal legal system.


Urban Studies ◽  
2018 ◽  
Vol 56 (6) ◽  
pp. 1165-1181
Author(s):  
Jackie Dugard ◽  
Makale Ngwenya

One of the most enduring legacies of apartheid is the racialised in-access to property for the (black) majority of South Africans. The large unmet demand for accessible and affordable residential property close to work opportunities has resulted in widespread unlawful occupation of inner city buildings, which in the post-apartheid legal order has been shielded by a constitutional prohibition against arbitrary and unjust eviction. Yet, notwithstanding significant protection against eviction, in what remains a largely private property-dominated paradigm, unlawful occupation is an inherently disruptive act that pits ownership against the use/occupation of the same piece of property. Seeking to better understand the under-scrutinised social reality of such unlawful occupation of privately-owned property, we undertook qualitative research to examine how unlawful occupiers view, traverse and (re)define property-related arrangements. Coming from legal and built environment backgrounds respectively, we were particularly interested to understand the extent to which the legal limbo of unlawful occupation has given rise to a rejection of the hegemony of private property ownership and the construction of an alternative urban property rights consciousness among unlawful occupiers. Our research indicates that, although residents in Johannesburg’s inner city have found ways to deal with their state of unlawful occupation, the occupied spaces currently more accurately reflect a survivalist struggle in a mainstream property ownership-dominated reality than the assertion of a new urban property regime, with occupiers yearning for greater, rather than less, formality and legal authority.


2014 ◽  
Vol 38 (01) ◽  
pp. 76-101
Author(s):  
PETER M. SANCHEZ

AbstractThis paper examines the actions of one Salvadorean priest – Padre David Rodríguez – in one parish – Tecoluca – to underscore the importance of religious leadership in the rise of El Salvador's contentious political movement that began in the early 1970s, when the guerrilla organisations were only just beginning to develop. Catholic leaders became engaged in promoting contentious politics, however, only after the Church had experienced an ideological conversion, commonly referred to as liberation theology. A focus on one priest, in one parish, allows for generalisation, since scores of priests, nuns and lay workers in El Salvador followed the same injustice frame and tactics that generated extensive political mobilisation throughout the country. While structural conditions, collective action and resource mobilisation are undoubtedly necessary, the case of religious leaders in El Salvador suggests that ideas and leadership are of vital importance for the rise of contentious politics at a particular historical moment.


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