scholarly journals PRIVATE PROPERTY RIGHTS AND THE DECEASED

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 15-27
Author(s):  
Cole Green ◽  
Alejandro Hernandez
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Legal Theory ◽  
Private Property Rights ◽  
The Future ◽  
The Status ◽  
The Will ◽  
Libertarian Theory ◽  
Deceased People ◽  
Minimal Research

While the libertarian theory of property rights has been thoroughly studied, there has been minimal research done in regard to a deceased person’s ability to dictate the future of the property he owned in life. In this paper, we attempt to develop a theory of the property rights of deceased people consistent with libertarian principles. We analyze the legitimacy of contracts between two individuals after one individual dies, ownership of the cadaver, the deceased’s right to decide which actions are permissible to perform on the said cadaver, and the status of the deceased property when a will both has and has not been written. While there has been no explicit commentary made regarding these topics, outside from the will, the authors extrapolated current libertarian theories on property rights and applied them accordingly. While the authors of the paper ultimately do not reach a consensus agreement on some of the issues discussed in the paper, this exploratory work on the property rights of the deceased is intended to open further discussion and research on the matter to further contribute to the formulation of a concise libertarian legal theory.

scholarly journals Resolving Douglass C. North's ‘puzzle’ concerning China's household responsibility system

2021 ◽  
pp. 1-15
Author(s):  
Simon Deakin ◽  
Gaofeng Meng
Keyword(s):  
Property Rights ◽  
Poverty Reduction ◽  
Private Property ◽  
Legal Theory ◽  
State Intervention ◽  
Dominant Form ◽  
Private Property Rights ◽  
Polycentric Governance ◽  
Collective Actors ◽  
Responsibility System

Abstract This paper considers Douglass C. North's ‘puzzle’ concerning China's household responsibility system (HRS) and offers a possible solution. China's HRS, which has evolved over the past four decades to become its dominant form of rural land ownership, has stimulated spectacular economic growth and poverty reduction; however, it is based on a type of ownership which is far removed from the property rights regime which North regarded as essential. Two features of the HRS merit attention. The first is ‘split ownership’: this refers to the allocation of different aspects of ownership, including rights of access, use, management, exclusion and alienation, to a range of individual and collective actors with interests in the land in question. The second is polycentric governance: rules governing land use are derived in part from community-level action and in part from state intervention. We argue that in explaining the functioning of the HRS we need to move beyond the narrow conception of legally enforced private property rights on which North relied. We should instead embrace understandings of ownership as an emergent, diverse and complex institution, of the kind emphasized by A.M. Honoré's legal theory of ownership and Elinor Ostrom's theories of the common-pool resource and polycentric governance.

Zambian economic gloom likely to worsen

2019 ◽  
Keyword(s):  
Civil Society ◽  
Property Rights ◽  
Private Property ◽  
External Debt ◽  
Tax Avoidance ◽  
Constitutional Amendment ◽  
Content Type ◽  
Private Property Rights ◽  
State Institutions ◽  
The Status

Significance Amid escalating external debt, President Edgar Lungu’s administration recently directed the liquidation of KCM, majority-owned by Vedanta, and is suspected to want to sell these assets to a Chinese state-owned firm. This has compounded international doubts about the ruling Patriotic Front (PF)’s economic strategy. Impacts Despite the controversy over Vedanta, Zambians have little sympathy for the firm due to a pollution scandal and suspicions of tax avoidance. Recent mining sector upheaval will prompt wider investor concerns over the status of private property rights. Opposition figures face an increasing clampdown by the authorities due to pushback against a contentious constitutional amendment process. Recurring corruption revelations against state institutions and officials will prompt increasing civil society protests.

Institutions first

2011 ◽  
Vol 7 (4) ◽  
pp. 499-504 ◽  
Author(s):  
PETER BOETTKE ◽  
ALEXANDER FINK
Keyword(s):  
Economic Development ◽  
Property Rights ◽  
Private Property ◽  
Order Effect ◽  
Development Theory ◽  
Free Markets ◽  
Private Property Rights ◽  
Positive Effects ◽  
The Status ◽  
Economic Development Theory

Abstract:Ha-Joon Chang, in his article ‘Institutions and Economic Development: Theory, Policy and History’, raises doubts about the effects of institutions on economic development and questions the positive effects of entirely free markets based on secure private property rights. We respond by stressing that institutions structure the incentives underlying individual action, secure private property rights are indispensable for prosperity, institutions have a first-order effect whereas policies only have a second-order effect, successful institutional change comes from within a society, and, given the status quo of developing countries, first-world institutions are likely not to be available to them.

scholarly journals Reconciling the Irreconcilable: A Property Rights Approach to Resolving the Animal Rights Debate

Studia Humana ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 36-65
Author(s):  
Anthony J. Cesario
Keyword(s):  
Property Rights ◽  
Animal Rights ◽  
Private Property ◽  
Legal Philosophy ◽  
Private Property Rights ◽  
Deontological Theory ◽  
Libertarian Theory ◽  
Theory Of Law

Abstract Libertarianism is understood to be a “deontological theory of law” that purportedly applies exclusively to humans. According to some libertarians, however, “one of the greatest weaknesses of libertarian theory” is that there are no provisions outlawing the abuse and torture of animals even though this seems to be one of “the most heinous acts it is possible to do”. Moreover, a few of these libertarians go even further and claim that this legal philosophy of non-aggression should actually be extended to include other animals. The purpose of this paper is to reconcile this seemingly irreconcilable situation by arguing that it is a “continuum problem” and offering a principled, libertarian compromise that resolves the animal rights debate using the non-aggression principle (NAP) and private property rights.

LAND PLOT AS AN OBJECT OF PRIVATE PROPERTY RIGHTS

2020 ◽  
Author(s):  
Vyacheslav Vovk
Keyword(s):  
Property Rights ◽  
Land Management ◽  
Land Reform ◽  
Essential Role ◽  
Private Property ◽  
Rich Country ◽  
Private Property Rights ◽  
Land Plot ◽  
Government Supervision

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.

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

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.

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