scholarly journals Justice, power and informal settlements: Understanding the juridical view of property rights in Central Asia

2019 ◽  
Vol 35 (1) ◽  
pp. 22-44 ◽  
Author(s):  
Balihar Sanghera

The article examines how judges and lawyers struggle to legitimise and normalise private property rights against attempts by poor and migrant groups to politicise housing and social needs in Central Asia. It discusses the juridical understanding of justice and equality in relation to property rights violations on the outskirts of major cities in Kyrgyzstan and Kazakhstan. It argues that the juridical system is central in construing property rights and obligations, and in so doing social inequalities are legitimised and naturalised in a neoliberalising post-Soviet space. The article uses the concepts of ‘the moral economy’ and ‘the juridical field’ to examine how judges and lawyers justify and normalise their ways of interpreting and ordering the social world.

2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison

Abstract With the social reproduction of slavery in colonial Cuba as its center point, this essay draws on the recent historiographical acknowledgment of the way vassalage mediated the often starkly drawn social distinctions between whites and enslaved people within colonial Spanish America. Inside the region’s emergent, capitalist political economy, feudal vassalage continued to define each social sector’s rights and responsibilities vis-á-vis the Spanish Crown. The rights of enslaved vassals derived from their potential contributions to the Spanish monarchy’s imperial survival, in their capacity to populate the extensive empire with loyal Catholic subjects and potential military defenders. These concerns also justified the Spanish monarchial state’s ability to intervene between its slaveholding vassals and its enslaved vassals, by limiting private property rights over enslaved people and operating in ways that did not fully conform to capitalist profit motives. Awareness of such sovereign-vassal interdependencies challenges historians to broaden their understanding of the relationship between capitalism and slavery to include the remnants of feudal social-political forms, even into the nineteenth century.


Author(s):  
Vyacheslav Vovk

Russia is a resource-rich country, and great changes are being made today in order that land and its resources are used for the benefit of any citizen of our state. Under the circumstances government supervision (control) over the optimal use of territories gets the essential role. The rights that are contained in land reform give owners, landowners, land users, and employers extensive powers concerning independent land management.


2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.


Author(s):  
Daniel Halliday

This chapter considers various arguments both for and against taxing inherited wealth, each of these being associated with some or other type of libertarian outlook. Libertarianism in the Lockean guises (‘left’ and ‘right’ varieties) is distinguished from its classical liberal alternative, which downplays the Lockean emphasis on private property rights in favour of a more defeasible case for small government and low taxation. These different perspectives generate a variety of quite different arguments about inheritance, some more persuasive than others. Some attention is paid to the common claim that inheritance taxes ‘punish’ virtue and generosity. It is then argued that a Rignano scheme may be particularly attractive in light of certain left-libertarian commitments and as a way of accommodating a classical liberal concern about perpetual savings.


2000 ◽  
Vol 27 (3) ◽  
pp. 260-268 ◽  
Author(s):  
M. REKOLA ◽  
E. POUTA ◽  
J. KUULUVAINEN ◽  
O. TAHVONEN ◽  
C.-Z. LI

In the literature of contingent valuation, a rights-based system of environmental ethics claiming that natural objects have absolute rights, has frequently been regarded as the main reason for incommensurability, i.e. for citizens’ inability to find a common measure according to which all values could be ranked. In a study of 2400 Finns aged between 18 and 70, we tested whether a respondent's commitment to guaranteeing private property rights could be a reason for incommensurability beyond the respondent's possible commitment to absolute nature rights. It was found that incommensurability, modelled with lexicographic preferences, was attributable more often to private property rights than to nature rights. However, Finnish respondents who had lexicographic preferences for nature rights based their choice more often on an ethical judgement, whereas lexicographic preferences for property rights could rather be explained with an ambivalent preference construction. Lexicographic preferences for nature rights increased the willingness to pay for conservation, while lexicographic preferences for property rights decreased it. The result, which was predicted by the theory, supported the validity of incommensurability measurement. The study therefore indicates that several reasons for incommensurable preferences may exist and that it is possible to measure these reasons in contingent valuation surveys in order to judge the validity of the welfare measures in environmental policy decision-making.


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