Make Way for Women: Philosophical Adaptation of Confucian Property Practices

2020 ◽  
Vol 8 (2) ◽  
pp. 323-341
Author(s):  
Gordon B. Mower
Keyword(s):  
Property Rights ◽  
Social Problems ◽  
Structural Barriers ◽  
The West ◽  
Property Ownership ◽  
Property Relations ◽  
Individualized Approach ◽  
The Individual ◽  
Property Regimes

Abstract Women struggling for recognition encounter an important difficulty in structural barriers to property ownership. In this paper, I propose to investigate the possibility of a roughly Confucian conception of property that both eschews the liberal property rights conception and provides more space for women than has been allowed in traditional Confucian property schemes. Western property regimes also failed to provide women with adequate access to property, but this was corrected in a manner in keeping with the Western fixation on the individual. Important social problems arose in connection with the Western individualized approach to property relations. The traditional Confucian approach managed to avoid the Western problems, but, as in the West, it failed to provide women with sufficient access to property. I argue here that Confucianism is adequately supplied to correct this deficiency through two routes: one ritual-based and one canon-based.

The productive fuzziness of land documents: The state and processes of accumulation in urban villages of Delhi

2019 ◽  
Vol 53 (2) ◽  
pp. 249-271 ◽  
Author(s):  
Sushmita Pati
Keyword(s):  
State Power ◽  
The State ◽  
Power Of Attorney ◽  
Property Ownership ◽  
Property Relations ◽  
General Power ◽  
Land Titles ◽  
Property Regimes ◽  
Land Records ◽  
Urban Villages

This article revolves around the fuzzy nature of land titles within and around the ‘ Lal Dora’ (literally, ‘red thread’) ringing the urban villages of Delhi to understand how property ownership gets mediated through documents. Through a close look at three kinds of documents—land records, a particular notification over construction in the Lal Dora region and the General Power of Attorney, it pries open how these documents govern property relations today. As much as records and laws become the means through which the state attempts to intervene, disaggregate and make sense of property regimes, these attempts are frustrated through practices pertaining to property and localised bureaucratic effects. The evidence presented as documents, stamp papers or certificates is only superimposed on the larger field of property relationships in the urban villages of Delhi. The article shows that the informality produced by inconsistencies in these documents plugs into the logic of accumulation and comes through as a dynamic albeit inegalitarian force that challenges state power.

Re-Allocation of Matrimonial Property at the Dissolution of Marriage in Zimbabwe

1990 ◽  
Vol 34 (1) ◽  
pp. 1-8
Author(s):  
Welshman Ncube
Keyword(s):  
Property Rights ◽  
Fundamental Problem ◽  
Division Of Labour ◽  
Policy Makers ◽  
Equal Importance ◽  
Relative Value ◽  
The Family ◽  
The World ◽  
The Individual ◽  
Property Regimes

Most countries of the world have at one time or another been confronted with questions of what principles or rules should guide the courts in readjusting the property rights of spouses at the dissolution of their marriage. Virtually all civilised countries have accepted marriage as an equal partnership of two legally equal individuals to which each one of them contributes in one way or another. Most policy makers agree that the partners contribute to the marriage through their division of labour and that these contributions although not equal in absolute terms are nonetheless of equal relative value to the welfare of the family.This recognition of the equal worth and equal importance of the two spouses to a marriage relationship has had profound effects on the matrimonial property regimes of numerous countries which have had to tackle the problem of the construction of a fair and equitable legal formula for the reallocation of matrimonial property rights at the dissolution of marriage. The fundamental problem has been whether a fair and equitable system is achieved by means of fixed rules of apportionment or through flexible discretionary judicial powers exercisable at the discretion of courts, in the light of the individual circumstances of each case.

Introduction

2018 ◽  
Author(s):  
Georgy Kantor ◽  
Tom Lambert ◽  
Hannah Skoda
Keyword(s):  
Natural Law ◽  
Social Contexts ◽  
Complex Idea ◽  
Property Relations ◽  
Absolute Property ◽  
Bundle Of Rights ◽  
The Individual ◽  
And Control ◽  
The Relationship ◽  
Property Regimes

Beginning with theories of absolute property, this introduction considers the merits of a more composite view, namely the ‘bundle of rights’ concept. Anthropologists discuss the relationships between people at the heart of property regimes, but personhood must also be seen as embedded in the things owned. The ideas of rules and control are key, and the concept of control at a distance provides useful conceptual purchase. Property is a complex idea to articulate, and natural law, religious and political frameworks of property are interwoven. Moreover, property is shaped by economic prerogatives, and its management shapes the relationship between the individual and the community, and the preservation of common resources. Property is, then, thoroughly embedded in social contexts, which in turn can render property highly unstable and contingent. It is precisely because of these kinds of tensions that legalism is so often invoked in order to manage and even create property relations.

Governance and Corruption

2002 ◽  
Vol 19 (2) ◽  
pp. 1-33 ◽  
Author(s):  
Zafar Iqbal
Keyword(s):  
Economic Growth ◽  
Remedial Action ◽  
The West ◽  
Scientific Thought ◽  
Moral Virtues ◽  
Order Preference ◽  
Rational Understanding ◽  
Social Scientific ◽  
Character Building ◽  
The Individual

This paper compares the Islamic and the western social scien­tific perspectives on corruption. Jt is argued that the emerging shift in social scientific thought in viewing corruption from "grease that oils the economic wheel" to a "menace that under­mines economic growth" has brought rational understanding of the phenomenon much closer to [slamic doctrine. Where they differ is with respect to remedial action. The western approach focuses on governance and designing appropriate systems and institutions that gear information and incentives toward minimiz­ing opportunities and enticement for corruption. In short, it emphasizes constraints external to the individual. By comparison, Islam seeks to go beyond such constraints, and also instill in believers a clear "second-order" preference for non­corrupt behavior. lt recommends developing a firm belief in transcendent accountability, stresses character building through practicing moral virtues and shunning vices. In essence, much of the restraint comes from within through a moral renovation. rt is our contention that both emphases are important in eliminating corruption and that the followers oflslam and the West can learn from one another.

Property in Land in Roman Provinces

2018 ◽  
Author(s):  
Georgy Kantor
Keyword(s):  
Local Property ◽  
Legal Tradition ◽  
Technical Literature ◽  
Historical Scholarship ◽  
Property Relations ◽  
Roman Provinces ◽  
Legal Regimes ◽  
The Right ◽  
Property Regimes

Roman concept of dominium has been fundamental in the formation of concepts of ownership in European legal tradition. It is, however, often considered outside the context of Roman imperial rule and of the multiplicity of legal regimes governing property relations in Roman provinces outside Italy. This chapter starts from the classic passage in the Institutes of Gaius, claiming that the right of dominium did not exist in provincial land, where it belonged to the Roman state. Gaius’ statement is often dismissed in modern historical scholarship as a ‘conveyancer’s fantasy’ (A.H.M. Jones). It is argued here that, on the contrary, this passage and other similar statements in Roman juristic literature and technical literature on land-measurement, show an important facet of Roman ideas of ownership as a socially contingent right, dependent on civic status of the owner, status of the territory within the empire, and Roman recognition of local property regimes.

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

Notions of property: traditional land use and boundaries in the Deh Cho region

Polar Record ◽  
2012 ◽  
Vol 48 (3) ◽  
pp. 249-254 ◽  
Author(s):  
Carol J. Brown-Leonardi
Keyword(s):  
Cultural Practice ◽  
Ecological Sustainability ◽  
Economic Interests ◽  
Property Ownership ◽  
Property Relations ◽  
European Settlement ◽  
The Social ◽  
Consumer Interests ◽  
Insight Into ◽  
Traditional Land Use

ABSTRACTThe Deh Cho Dene have been negotiating territorial land since early European settlement. This paper argues that the changing needs of Deh Cho Dene society has changed their concept of property and this transformation has evolved with a responsibility to conserve cultural practice and ecological balance in Deh Cho Dene territorial lands. The article considers how the changing need of European society addresses property and ownership in the context of basic human rights and consumer interests. It uses the theories of Macpherson, Locke, and Marx to construct a model to understand the property relations that exist in the Deh Cho Dene region. Accordingly, the paper addresses oral narratives to give historical insight into the relations between neighbouring tribal groups and their understanding of territorial boundaries. An account of present day negotiations highlights the various initiatives taken to protect traditional interests and uphold historical claim to the territory. The negotiation of joint ventures and property ownership has evolved with concerns over ecological sustainability and the protection of a subsistence lifestyle, which is critical for the social and economic interests of Deh Cho Dene culture, and is closely connected to the land.

Islamic Finance as a Vehicle to Promote Improved Intellectual Property Rights in the Gulf Cooperation Council

2020 ◽  
Vol 13 (2) ◽  
pp. 407-442
Author(s):  
Nadia Naim
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Integrated Approach ◽  
Gulf Cooperation Council ◽  
Intellectual Property Protection ◽  
Islamic Finance ◽  
Growth Sector ◽  
The Individual ◽  
The Impact

AbstractThe purpose of this article is to assess how Islamic finance can act as a vehicle to enhance the current intellectual property rights regime in the Gulf Cooperation Council (GCC). Islamic finance has developed within the constraints of sharia law and has been a growth sector for the GCC. This article will identify the main principles of Islamic finance that contribute to the success of Islamic finance, which can enhance intellectual property protection in the GCC. The main sharia-compliant areas to be considered are musharaka, mudaraba, murabaha, takaful, istisna, ijara, salam and sukuk. The article will outline the founding principles of Islamic finance, the governance of sharia boards, development of Islamic finance in the individual GCC states, different frameworks of sharia-compliant investment products and the impact of intellectual property rights on the varying Islamic finance investment tools. Furthermore, the article will discuss an integrated approach to intellectual property rights which learns lessons from the Islamic finance sector in relation to infrastructure, regulation and sharia compliance. The lessons learnt from Islamic finance will inform the overall framework of recommendations for an Islamic intellectual property model. The use of Islamic finance as a vehicle to promote better intellectual property rights in terms of defining a new intellectual property approach is novel. It is aimed at spearheading further research in this area, and it will form a part of the overall integrated approach proposals to intellectual property protection in the GCC and beyond.

DOES TRUST PROMOTE ENTREPRENEURSHIP IN A DEVELOPING COUNTRY?

2018 ◽  
Vol 63 (05) ◽  
pp. 1385-1403 ◽  
Author(s):  
KITAE SOHN ◽  
ILLOONG KWON
Keyword(s):  
Developing Countries ◽  
Property Rights ◽  
Least Squares ◽  
Developing Country ◽  
Ordinary Least Squares ◽  
Community Level ◽  
Two Stage ◽  
The Us ◽  
The Difference ◽  
The Individual

Trust was found to promote entrepreneurship in the US. We investigated whether this was true in a developing country, Indonesia. We failed to replicate this; this failure was true whether trust was estimated at the individual or community level or whether ordinary least squares (OLS) or two stage least squares (2SLS) was employed. We reconciled the difference between our results and those for the US by arguing that the weak enforcement of property rights in developing countries and the consequent hold-up problem make it more efficient for entrepreneurs to produce generic goods than relationship-specific goods—producing generic goods does not depend on trust.

The implementation of the intellectual property rights of the convicts in the institutions and bodies of criminal executive system

2020 ◽  
pp. 170-176
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Means ◽  
Legal Aspects ◽  
Correctional Institutions ◽  
Property Relations ◽  
Patent Rights ◽  
Human Creativity ◽  
Executive System

Статья посвящена анализу организационно-правовых аспектов реализации прав интеллектуальной собственности лиц, осужденных к лишению свободы. Рассмотрен сложившийся опыт, особое внимание уделяется проблемным вопросам реализации осужденными личных неимущественных и исключительных интеллектуальных прав: связанным с приобретением права интеллектуальной собственности, затруднениям осуществления интеллектуальных прав, вызванным режимными требованиями. Творческая деятельность человека - одно из самых эффективных средств исправления, по мнению автора, поскольку именно она является высшей сознательной деятельностью. Поэтому необходимо поощрять и развивать в исправительных учреждениях данный вид деятельности, всемерно содействовать ее реализации. Предлагается создавать в исправительных учреждениях кроме уже имеющихся ресурсов специальные лаборатории, мастерские и т. п. центры для реализации творческой, в том числе научно-творческой потребности осужденных. При необходимости всячески содействовать осужденным при реализации процедуры получения патента. Кроме того, в рамках правового просвещения осужденных необходимо информировать о возможностях реализации авторского или патентного права в рамках имущественных отношений. This article is devoted to analysis of legal aspects of implementation of intellectual property rights of persons sentenced to deprivation of liberty. Abstract: the experience, a special attention is paid to the problematic issues of implementation of convicted persons of exceptional moral and intellectual rights: associated with the acquisition of intellectual property rights, difficulties in the implementation of intellectual property rights, caused by the regime requirements. Human creativity is one of the most effective means of correction, in the author's opinion, as it is the higher conscious activity. It is therefore necessary to promote and develop in correctional institutions this activity, to contribute fully to its implementation. It is proposed to establish in correctional institutions in addition to the existing resources of the special laboratories, workshops, etc. centers for the implementation of creative, including research and creative needs of prisoners. If necessary to fully support the convict in the implementation of the procedure of obtaining a patent. In addition, the legal education of prisoners should be informed about the possibilities of implementation of copyright or patent rights in the framework of property relations.

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