scholarly journals Towards sustainable property? Exploring the entanglement of ownership and sustainability

2021 ◽  
pp. 053901842110114
Author(s):  
Philipp Degens
Keyword(s):  
Political Theory ◽  
Emissions Trading ◽  
Private Property ◽  
German Law ◽  
Conceptual Level ◽  
Private Property Rights ◽  
Carbon Emissions Trading ◽  
The Social ◽  
Bundle Of Rights ◽  
Do So

This article explores the relation between ownership and sustainability on a conceptual level. It specifically examines different imaginaries of sustainable property by asking how private property rights and their restrictions are conceptualized as instruments for sustainability. To do so, conflicting notions of property that underlie Western jurisprudence and political theory are contrasted. This brings us to the identification of two major traditions in property thought that build on atomist or relational conceptions of society and property, respectively. Property might be conceived as an owner’s exclusive control over an object, or as a ‘bundle of rights’ that comprises entitlements, restrictions, and obligations to various actors. Largely within the paradigm of modernization as a trajectory of sustainability, these two fundamental traditions in property theory relate to different approaches to encode sustainability into property law: i) propertization, i.e. the extension of private property forms, as in the case of carbon emissions trading schemes; ii) the acknowledgment of social and environmental obligations inherent to property, illustrated by the social obligation norm in German law.

scholarly journals Preventive Therapy: The Neoclassical Gradualist Model of Transition from Central Administration to Market Relations

2002 ◽  
pp. 55
Author(s):  
John Marangos
Keyword(s):  
Free Choice ◽  
Private Property ◽  
Preventive Therapy ◽  
Central Administration ◽  
Capitalist System ◽  
Social Fabric ◽  
Private Property Rights ◽  
Reform Program ◽  
The Social ◽  
Market Relations

The fundamental basis of the neoclassical gradualist approach to transition in Russia and Eastern Europe was to establish economic, institutional, political, and ideological structures before attempting liberalization. Without this minimum foundation, radical reforms would have inhibited the development of a competitive market capitalist system. This was because "privatization, marketization, and the introduction of competition cannot be contemplated in an economy reduced to barter" (Carrington 1992, 24). Also, implementation of the reform program required minimum standards ofliving; otherwise the social fabric of the whole society would have been at risk. The reform had to foster a social consensus that endorsed a system of secure private property rights (Murrell, 1995, 171) and had to be guided by the principles of voluntariness and free choice (Kornai, 1992b, 17).

Spanish Imperial Vassalage and the Social Reproduction of Slavery in Colonial Cuba

2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison
Keyword(s):  
Nineteenth Century ◽  
Political Economy ◽  
Property Rights ◽  
Social Reproduction ◽  
Private Property ◽  
Spanish America ◽  
Private Property Rights ◽  
Center Point ◽  
The Social ◽  
The Relationship

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.

Consumption Cleavages and Welfare Politics

1986 ◽  
Vol 34 (4) ◽  
pp. 592-606 ◽  
Author(s):  
Peter Taylor-Gooby
Keyword(s):  
Political Action ◽  
Private Property ◽  
Relative Advantage ◽  
Political Behaviour ◽  
Private Property Rights ◽  
Political Ideas ◽  
The Social ◽  
Self Interest ◽  
A Minor

The rôle of consumption cleavages in influencing political behaviour has received a great deal of attention in recent years. This paper argues that some critics have misunderstood the approach as a theory about the direct influence of social circumstances on behaviour, rather than as a theory about the way in which people's perceptions of one another's positions in relation to the means of consumption are articulated by political parties to become bases for political action. Dunleavy has argued that ideas about self-interest in state and private consumption in relation to other people are of the greatest importance in this, while Saunders suggests that the security associated with private property rights has stronger influence. Both these claims are tested with data from a recent national survey. ‘Consumption sector’ is shown to play a minor but significant rôle in influencing ideas. Part of this influence appears to lie in the social meaning of private property, as Saunders claims. Comparisons of relative advantage across sectoral cleavages, however, contribute little to the explanation of political ideas.

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
Keyword(s):  
Property Rights ◽  
Central Asia ◽  
Social Inequalities ◽  
Private Property ◽  
Moral Economy ◽  
Social Needs ◽  
Private Property Rights ◽  
The Social ◽  
Soviet Space ◽  
Migrant Groups

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.

6. Leave It to the Market

2021 ◽  
pp. 125-146
Author(s):  
John S. Dryzek
Keyword(s):  
Property Rights ◽  
Environmental Protection ◽  
Emissions Trading ◽  
Private Property ◽  
Carbon Tax ◽  
Resource Conservation ◽  
Private Property Rights ◽  
Green Taxes ◽  
Economic Reasoning ◽  
Pollution Rights

Economic rationalism involves the intelligent deployment of market instruments to achieve public ends such as environmental protection and resource conservation. The instruments in question can involve the establishment of private property rights in land, air, and water; “cap and trade” markets in pollution rights (emissions trading); tradeable quotes in resources such as fish; green taxes, such as a carbon tax; and the purchase of offsets to compensate for environmentally damaging behavior. These instruments have been adopted in many countries, though with some resistance from those who believe there is more to life than economic reasoning.

THE UNEASY RELATIONSHIP BETWEEN DEMOCRACY AND CAPITAL

2010 ◽  
Vol 27 (1) ◽  
pp. 195-217 ◽  
Author(s):  
Thomas Christiano
Keyword(s):  
Decision Making ◽  
Social Justice ◽  
Private Property ◽  
Democratic Governance ◽  
Basic Question ◽  
Private Property Rights ◽  
Compliance With The Law ◽  
Democratic Norms ◽  
Do So ◽  
Capitalist Firms

AbstractThe basic question I want to ask is: can the exercise of private property rights abridge fundamental norms of democratic decision-making? And, under what conditions can it do so? To the extent that we view democratic decision making as required by justice, the issue is whether there is a deep tension between certain ways of exercising the rights of private property and that part of social justice that is characterized by democracy. To the extent that this tension holds, I will argue that commitment to democratic norms implies that private capitalist firms must cooperate with a democratic assembly and government in the pursuit of the aims of a democratic assembly even when this implies some diminution of the profits of the firms. The cooperation I have in mind goes beyond the norm of faithful compliance with the law. To be sure, there are limits to this requirement as we will see in the later part of the paper. To the extent that private capitalist firms fail to do this and partially undermine the pursuit of the aims of a democratic assembly, they act in a way that is incompatible with fundamental norms of democratic governance.

The statutory regulation of business tenancies: private property, public interest and political compromise

Legal Studies ◽  
1999 ◽  
Vol 19 (2) ◽  
pp. 207-228 ◽  
Author(s):  
Michael Haley
Keyword(s):  
Public Interest ◽  
Private Property ◽  
Fine Tuning ◽  
Market Forces ◽  
Political Policy ◽  
Commercial Code ◽  
The Social ◽  
Political Compromise ◽  
Statutory Regulation ◽  
Do So

The need for the statutory regulation of business tenancies was officially recognised towards the end of the nineteenth century. The mischief complained of was that some landlords held their tenants to ransom by demanding an inflated rent as a condition of a lease renewal. This was particularly harsh for the tenant who had built up business goodwill and carried out improvements to the premises. Despite the organisation of commercial tenants and the growth of political lobbying, it was not until Landlord and Tenant Act 1927 that controls emerged which provided compensation for loss of goodwill and improvements. The inadequacy of these provisions, however, entailed that tenant discontent and lobbying persisted until the enactment of the Landlord and Tenant Act 1954. This paper charts the social and political change which brought about this significant retreat from market forces and the gradual recognition that security of tenure, as opposed to financial safeguards, was the necessary response. The controls established in 1954 have, remarkably, survived almost intact and, subject to some fine tuning, will continue to do so. This paper addresses the issue why the commercial code has, in marked distinction to its residential and agricultural counterparts, remained immune to shifts in political policy during a sustained period of deregulation in landlord and tenant law.

scholarly journals Natural Law and Civilizational Progress: Assumptions of a Political Theory in Simonas Daukantas’s Historiography

Politologija ◽  
2019 ◽  
Vol 95 (3) ◽  
pp. 56-82
Author(s):  
Saulius Pivoras
Keyword(s):  
Political Theory ◽  
Natural Law ◽  
Private Property ◽  
Founding Father ◽  
Private Property Rights ◽  
The People ◽  
Hugo Grotius ◽  
Natural Law Theory ◽  
Conjectural History

This article aims to identify and reconstruct a few main elements of political theory upon which the works of Simonas Daukantas, the founding father of the national Lithuanian written history, are based. Daukantas’s major works on Lithuanian history were researched while identifying and closely analyzing the passages where Daukantas specifically speaks about natural law and civilizational progress. Daukantas’s history works were considerably influenced by authors of Neostoic natural law theory, such as Hugo Grotius, Samuel Pufendorf, and Antoine-Yves Goguet. This influence shows in the adopted conceptions of natural needs, natural sociability, and a characterization of the emergence of private property rights in Lithuania with the help of conjectural history methods. Daukantas traces natural law elements in the oldest customs of the people and therefore gives most attention to reconstructing and describing the mores of the ancient Lithuanians. In describing historical evolution, he applied in his works the concepts of bright and dark periods as well as the distinctions of other separate stages of civilizational progress as discussed in Enlightenment historiography and conjectural history in particular.

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