scholarly journals LIBERTARIAN PHILOSOPHY VERSUS PROPERTARIAN DOGMA: A FURTHER REPLY TO BLOCK

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 106-127
Author(s):  
J.C. Lester
Keyword(s):  
Property Rights ◽  
Theoretical Approach ◽  
Mens Rea ◽  
Critical Rationalism ◽  
Low Level ◽  
Interpersonal Comparisons ◽  
Absolute Property ◽  
Initial Acquisition ◽  
Logical Point ◽  
Moral Point

This replies to Block 2019 (B19), which responds to Lester 2014 (L14). The main issues in the, varyingly sized, sections are as follows. 1 Further explanations of critical rationalism, the theory of liberty, and problems with the non-aggression principle. 2.1 The relationships among law, morality, and libertarianism. 2.2 The objective invasiveness of low-level radiation and that it is, therefore, a proactive imposition (albeit trivial) if someone inflicts it on non-consenting people. 2.3 The objective and subjective aspects of proactive impositions; and how clashes can be resolved. 2.4 How liberty relates to risk and self-ownership. 2.5 Libertarian initial acquisition versus absolute property rights by labour-mixing. 2.6 Organisational note. 2.7 Libertarianism and mens rea. 2.8 Libertarian rectification versus lex-talionis doubling. 2.9 Indirectly clashing rights, self-preservation, trespasser-hiker, flagpole-grasper, and landmine-layer. 2.10 A logical point is not a moral point. 2.11 Pacifism and libertarianism. 3.1 A weak criticism of utilitarianism. 3.2 Hedonometers; approximate interpersonal comparisons of utility imply libertarianism; what a libertarian is; libertarian rankings. 4. Libertarian philosophy versus propertarian dogma. Coda: the need to take seriously the philosophical problems with propertarian-justificationist libertarianism. Readers that might be interested include those engaging in libertarian philosophy and those using the Rothbardian/Blockian theoretical approach to libertarianism.

The Proprium of Property Law

2021 ◽  
Vol 10 (2-3) ◽  
pp. 241-262
Author(s):  
Jan Felix Hoffmann
Keyword(s):  
Property Rights ◽  
Comparative Research ◽  
State Of The Art ◽  
Static Field ◽  
Point Of View ◽  
Property Law ◽  
New Developments ◽  
Absolute Property ◽  
Classical Property ◽  
Comparative Property

Abstract Classical property law is not only losing economic relevance with the progressing dephysicalization of economic processes but is also increasingly perceived as a static field of private law, pursued by specialized lawyers working with rather inaccessible national concepts and dogmas that seem to have no significant relevance for the development of a digital economy. The mostly codification-driven comparative research on property law continues in the tradition of national property law codifications primarily addressing tangible objects. The research on property law should not restrict itself to this rather pragmatic approach, because in the end this arbitrarily delimits the concept of property law and reinforces the impression of classical property law only dealing with tangibles. Comparative property law should look beyond issues of codification and address the question of what is the essence of property law. Property law deals with the erga omnes effects of rights. It therefore not only addresses full-fledged property rights over movables or immovables but also covers partially absolute rights over these assets on the threshold to contract law. Property law also addresses absolute rights with regard to intangibles. This awareness should on one hand demand from any discussion on creating new (partially) absolute property rights to take notice of the state of the art of current (comparative) property law. It should on the other hand incite classical property lawyers to take part in these debates and to question the traditional concepts and principles in light of the new developments. Classical institutions of property law should be reconsidered from this point of view.

8. Homicide II

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Mens Rea ◽  
Essential Information ◽  
Low Level ◽  
Risk Of Death

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. An unlawful homicide committed without the mens rea for murder is involuntary manslaughter. This chapter discusses the three classes of involuntary manslaughter: reckless manslaughter, unlawful act manslaughter, and gross negligence manslaughter. Both unlawful act manslaughter and gross negligence are notable for the low level of mens rea required. Indeed, with gross negligence manslaughter the defendant may not even have foreseen the risk of death and yet still be convicted of manslaughter.

THERE IS NO SUCH THING AS AN UNJUST INITIAL ACQUISITION

2005 ◽  
Vol 22 (1) ◽  
pp. 56-80 ◽  
Author(s):  
Edward Feser
Keyword(s):  
Property Rights ◽  
Political Theory ◽  
Initial Acquisition ◽  
The World ◽  
Solid Foundation

Critics of Robert Nozick's libertarian political theory often allege that the theory in general and its account of property rights in particular lack sufficient foundations. A key difficulty is thought to lie in his account of how portions of the world which no one yet owns can justly come to be initially acquired. But the difficulty is illusory, because (contrary to what both Nozick and his critics assume) the concept of justice does not meaningfully apply to initial acquisition in the first place. Moreover, the principle of self-ownership provides a solid foundation for Nozick's libertarianism, and when seen in the light of that principle and its full implications, the standard purported examples of injustices in acquisition are revealed to be nothing of the kind.

8. Homicide II

2020 ◽  
pp. 93-105
Author(s):  
Jonathan Herring
Keyword(s):  
Mens Rea ◽  
Essential Information ◽  
Low Level ◽  
Risk Of Death

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. An unlawful homicide committed without the mens rea for murder is involuntary manslaughter. This chapter discusses the three classes of involuntary manslaughter: reckless manslaughter, unlawful act manslaughter, and gross negligence manslaughter. Both unlawful act manslaughter and gross negligence are notable for the low level of mens rea required. Indeed, with gross negligence manslaughter the defendant may not even have foreseen the risk of death and yet still be convicted of manslaughter.

scholarly journals Personal Law and Property Rights of Hindu Woman in India - The Need for Codifi cation

2018 ◽  
pp. 143-155
Author(s):  
Sindhu Thulaseedharan
Keyword(s):  
Property Rights ◽  
Gender Equality ◽  
Property Right ◽  
Absolute Property ◽  
Hindu Woman ◽  
The Law ◽  
Familial Relations ◽  
Personal Law ◽  
A Share

In India, the familial relations of any citizen, including inheritance, are governed by law related to his or her religion, which came to be known as personal law. The property rights of Hindu woman from the vedic age refl ected that daughter was given a share equal to that of a son, who in the later age of smritis ( traditional law) , came to inherit only in the absence of male issue. The nature of property of a Hindu woman, stridhanam (woman’s property) thus came to be distorted from absolute property right to ‘limited estate’ known as ‘woman’s estate’. That is, the property passed only to the next heirs of the last male owner of the female intestate. The legislations in the pre-independent India strengthened the position of Hindu woman. But the later laws limited her interest in property to the sense that she could alienate it for certain purposes only and the property possessed by her devolved on the heirs of her husband and not on her own heirs. The retention of testamentary power has further undermined gender-equality largely. Even at present, the Hindu Succession (Amendment) Act, 2005, allows existing property disputes to continue and does not affect rights that became vested prior to its implementation. Therefore, the codifi cation of personal law on succession becomes the need of the hour, since the patriarchal norms retained in the law have to be dropped.

scholarly journals Ideological Hegemony and Global Governance

1997 ◽  
pp. 250-258 ◽  
Author(s):  
Thomas Ford Brown
Keyword(s):  
Property Rights ◽  
International Relations ◽  
Free Trade ◽  
Global Governance ◽  
Theoretical Approach ◽  
Free Market ◽  
Epistemic Community ◽  
Regime Theory ◽  
World State ◽  
Community Approach

In this paper, I analyze libertarian discourse from the perspective of regulation theory, a~ a hegemonic ideology that underlies the emergence of a new mode of regulation. Within this general theoretical approach, I will also employ frames from regime theory as developed by international relations scholars, as well as the "epistemic community" approach from the same discipline. I want to suggest that free-market ideology could engender the emergence of rationalized global governance in order to maintain free trade, property rights, and other regulatory concerns of the emerging mode of accumulation, and that such a world state could conceivably extend liberalism's life by carrying liberalism to its extreme.

Why User Rights?

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Property Rights ◽  
Economic Efficiency ◽  
Theoretical Approach ◽  
Theoretical Basis ◽  
Prima Facie ◽  
Personal Property ◽  
The Creation ◽  
Instrumental Justification ◽  
Normative Status

This chapter proposes a theory to justify the existence and scope of copyright user rights. The variety of identities and interests of copyright users, as well as the different means by which users experience copyright works call for a pluralistic theoretical approach to justify the existence and scope of user rights. Starting with the prima facie normative status of all ownership freedoms developed by James W. Harris (Property and Justice) the chapter refers to the instrumental justification of economic efficiency as a base for the existence and scope of user personal property rights in copies of copyright works. The influential instrumentalist justification of copyright to incent the creation and dissemination of works provides a theoretical basis to further define the existence and contours of user rights beyond the instances where users have property rights in copies of copyright works.

Hibah (Gift inter vivos) by Parent in Favour of Some Children to the Exclusion of the Others under Islamic Law

2017 ◽  
Vol 31 (1) ◽  
pp. 54-73
Author(s):  
Badruddin Hj Ibrahim
Keyword(s):  
Property Rights ◽  
Islamic Law ◽  
The Other ◽  
Gift Giving ◽  
Muslim Society ◽  
The Core ◽  
Absolute Property ◽  
Core Issue ◽  
Inter Vivos

This study examines issues arising from gift giving (hibah) by a parent to one or more of his/her children to the exclusion of the others under Islamic law in general and as applied to Muslims in Malaysia in particular. Does a parent have an absolute right to dispose of property to his/her children by means of hibah without concern for fairness to the other children? Is hibah a valid and acceptable practice in a modern Muslim society? Is the core issue one of an individual’s absolute property rights or is it restrained by the principle of fairness in dealing with properties? This study will attempt to provide a right and acceptable guidance with respect to the disposal of property to children by means of hibah.

Markenrechtlicher Motivschutz

2019 ◽  
Author(s):  
Sabrina Biedermann
Keyword(s):  
Property Rights ◽  
Theoretical Approach ◽  
Brand Names ◽  
Eu Law ◽  
Trademark Law ◽  
Trademark Protection

In an original theoretical approach, this dissertation, entitled ‘The Protection of Motifs under Trademark Law’ discusses the set of problems relating to intangible property rights in trademark protection of the motifs of brand names. A trademark motif is legally significant as an aspect of interpretation in the multidimensional protective scope of that trademark. The current complexity of the problems presented is not least due to changes in EU law. In practical cases of collision or in registration research, it is important to decide whether a third party’s logo—despite its differing design—looks sufficiently similar to another brand’s trademark to confirm that that brand’s property rights have been infringed. This study localises the solution within the protective scope of trademark law and describes the similarity of symbols used in trademark motifs in the context of mental association. In the context of competitive practices, design rights and copyright as well as recent cases relating to motif protection, the study reassesses the criteria involved in the notional similarity of symbols with regard to their similarity in a motif.

Differential polarization imaging of sickled cells

1988 ◽  
Vol 46 ◽  
pp. 62-63
Author(s):  
Marcos F. Maestre
Keyword(s):  
Optical Properties ◽  
Theoretical Approach ◽  
Polarized Light ◽  
Polarization Microscopy ◽  
Spectroscopic Techniques ◽  
Polarization Imaging ◽  
Circularly Polarized Light ◽  
Circularly Polarized ◽  
Microscopic Scale ◽  
Chiral Structures

Recently we have developed a form of polarization microscopy that forms images using optical properties that have previously been limited to macroscopic samples. This has given us a new window into the distribution of structure on a microscopic scale. We have coined the name differential polarization microscopy to identify the images obtained that are due to certain polarization dependent effects. Differential polarization microscopy has its origins in various spectroscopic techniques that have been used to study longer range structures in solution as well as solids. The differential scattering of circularly polarized light has been shown to be dependent on the long range chiral order, both theoretically and experimentally. The same theoretical approach was used to show that images due to differential scattering of circularly polarized light will give images dependent on chiral structures. With large helices (greater than the wavelength of light) the pitch and radius of the helix could be measured directly from these images.

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