Property Rights, Future Generations and the Destruction and Degradation of Natural Resources

2014 ◽  
Vol 0 (0) ◽  
Author(s):  
Dan Dennis
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Good Life ◽  
Future Generations ◽  
The Good Life ◽  
Next Generation ◽  
Primary Goods ◽  
The Right ◽  
At Will

AbstractThe paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” (in roughly Rawls’ sense) which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits a “Commonwealth” of natural resources plus compensation (plus, perhaps, other things donated to the Commonwealth). It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation.Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth (e.g. that gallon of oil) to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual.

Property Rights, Future Generations and the Destruction and Degradation of Natural Resources

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Dan Dennis
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Good Life ◽  
Future Generations ◽  
The Good Life ◽  
Next Generation ◽  
Primary Goods ◽  
The Right ◽  
At Will

AbstractThe paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” (in roughly Rawls’ sense) which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits a “Commonwealth” of natural resources plus compensation (plus, perhaps, other things donated to the Commonwealth). It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation.Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth (e.g. that gallon of oil) to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual.

Property Rights and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Rural Women ◽  
Local Communities ◽  
Small Scale ◽  
Human Rights Law ◽  
Community Property ◽  
The Right ◽  
And Control

This chapter focuses on the connection between property rights and natural resources. Most national jurisdictions are based on a model of ‘State property’, whereby ownership and control of natural resources are vested in the ultimate authority of the State. This chapter analyses how the right to property supports the recognition of property rights over natural resources for certain category of citizens, notably indigenous peoples, landless peasants, and rural women. Based on this analysis, the chapter then explores how human rights law is gradually supporting the recognition of some forms of community property rights, notably for local forest communities and small-scale fishing communities. It also explores some of the underlying tensions between the concessionary rights of corporations and investors over natural resources and the rights of local communities.

What’s good about the good life? Action theory, virtue ethics and modern morality

2020 ◽  
pp. 019145372094837
Author(s):  
Frédéric Vandenberghe
Keyword(s):  
Virtue Ethics ◽  
Good Life ◽  
Action Theory ◽  
Critical Realism ◽  
Theoretical Perspective ◽  
The Self ◽  
The Good Life ◽  
The Social ◽  
New Research ◽  
The Right

The article explores the scope and the limits of virtue ethics from the perspective of critical theory (Habermas) and critical realism (Bhaskar). Based on new research in moral sociology and anthropology, it ponders how the self-realization of each can be combined with the self-determination of all. The article adopts an action-theoretical perspective on morality and defends the priority of the right over the good. It suggests that in plural and polarized societies, there no longer exists a consensus on any version of the good life. It therefore limits the scope of virtue ethics to personal life and pleads for a minima moralia at the social and political level.

Animal Democracy and the Challenges of Political Participation

2019 ◽  
pp. 202-215
Author(s):  
Eva Meijer
Keyword(s):  
Political Participation ◽  
Animal Rights ◽  
Good Life ◽  
The Good Life ◽  
Political Interaction ◽  
Human Animal ◽  
Species Specific ◽  
The Right

Chapter 8 turns the focus from activism to political participation. Non-human animal political participation is often either not considered relevant, or not considered at all, by animal rights theorists. This is problematic, because the right to political participation—to co-shaping the rules under which one lives—is not just any right. Non-human animals are individuals with their own perspectives on life and their own idea of the good life, which cannot be reduced to species-specific templates. In this chapter, the author first discusses how and whether non-human animals can co-author the laws under which they live, and she explores the normative justifications for establishing an interspecies democracy. The second section investigates which non-human animals can or should be seen as part of a shared interspecies community with humans. The chapter concludes by exploring ways to improve democratic interaction with other animals, in which the author discusses Sue Donaldson’s proposals for enabling voice and space, and ends with two examples in which humans and other animals interact politically in order to investigate how democratic non-human animal participation can be improved: material deliberation with seagulls, and human-macaque greeting rituals as new forms of political interaction.

scholarly journals The Role and Importance of Talloires Declaration in Establishing Sustainable Higher Education Institutions

2021 ◽  
Vol 11 (2) ◽  
pp. 417-424
Author(s):  
muhammed yunus bilgili
Keyword(s):  
Higher Education ◽  
Sustainable Development ◽  
Natural Resources ◽  
Higher Education Institutions ◽  
Future Generations ◽  
The Sustainable Development ◽  
Human Needs ◽  
Development Approach ◽  
The Right ◽  
The Relationship

The intensive use of environmental and natural resources to satisfy human needs has risked the potential of renewable ecosystems and caused environmental problems. In order to respond to the problems faced, the current economic system has been interrogated. In the response emphasizing that future generations have the right to benefit from natural resources, the sustainable development approach has come to prominence. It has been observed that the issues of sustainable development and sustainability have been intensely discussed by higher education institutions since the 1980s. Until the Talloires Declaration (1990), the relationship between sustainability and higher education has been focalized to environmental education, with this declaration, the sustainability of higher education institutions has been brought to the agenda. The aim of this study is to examine Talloires Declaration on behalf of role, importance and transformations in establishing sustainable higher education institutions

scholarly journals Questão fundiária: a terra como necessidade social e econômica para reprodução quilombola

GeoTextos ◽  
2012 ◽  
Vol 8 (1) ◽  
Author(s):  
Jesiel Souza Silva ◽  
José Maria Gusman Ferraz
Keyword(s):  
Natural Resources ◽  
Social Relations ◽  
Soil Management ◽  
Intimate Relationship ◽  
Future Generations ◽  
Title Deed ◽  
Black Movement ◽  
The Right ◽  
Economic Need ◽  
Relationship Of

As comunidades quilombolas mantêm, ainda hoje, práticas centenárias trazidas por seus ancestrais do continente africano. Essas práticas, além de culturais, dizem respeito à religiosidade, à política e às formas de produção, envolvendo técnicas agrícolas, formas de manejo do solo, formas de plantio, se constituindo em uma íntima relação dessas comunidades com o ambiente em que estão inseridas, a partir do desenvolvimento de técnicas conservacionistas e utilização racional dos recursos naturais, garantindo desta forma a manutenção da biodiversidade, para utilização das gerações futuras. Suas conquistas passaram automaticamente pelo período de redemocratização do país, no qual o movimento negro e lideranças das comunidades quilombolas intensificaram a luta por direitos que garantissem a cidadania a essas comunidades. O objetivo deste artigo, parte da dissertação de mestrado de um dos autores sobre o tema, é analisar as conquistas advindas desses movimentos, que garantiram o início de seus direitos quando envolvidos nos processos de elaboração da Constituição de 1988, asseguraram o direito à preservação de sua identidade e cultura, bem como o direito à titulação das terras ocupadas por vários anos por um povo que se contrapôs ao regime escravocrata e constituiu um novo modelo de sociedade e relação social. Abstract LAND ISSUE: THE LAND AS A SOCIAL AND ECONOMIC NEED FOR THE QUILOMBOLA REPRODUCTION The maroon communities keep alive, even today, centenary practices brought by their ancestors from Africa. These practices, besides cultural, relate to the religiosity , politics and forms of production, involving agricultural techniques, forms of soil management, planting forms, becoming in an intimate relationship of these communities with the environment in which they are inserted, starting from the development of conservationist techniques and rational use of natural resources, thus ensuring the maintenance of biodiversity for the benefit of future generations. Their achievements had passed automatically for a period of democratization of the country in which the black movement and leaderships of Quilombolas communities had intensified the fight for rights that would guarantee citizenship to these communities. The aim of this paper is to analyze the achievements that occurred from these movements that ensured the beginning of their rights when involved in the process of elaboration of the Constitution of 1988, they ensured the right to preserve their identity and culture, as well as the right of title deed of occupied lands by several years by a people who was opposed to the slave regime and formed a new model of society and social relations.

scholarly journals Organizational and territorial justification for implementation of restrictions on property rights to land plots in various fields of activity

2021 ◽  
Vol 5 (1) ◽  
pp. 70-77
Author(s):  
N. V. Karpova ◽  
◽  
E. A. Bondarenko ◽  
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Urban Economy ◽  
Land Ownership ◽  
The Political ◽  
Property Relations ◽  
Legal Justification ◽  
The Right ◽  
Ownership Reform ◽  
Property Complex

In the context of land ownership reform, the formation of different ownership, individual approaches to the use of natural resources and the property complex has become a priority. At the same time, in all cases, the function of determining ownership is of particular importance and it plays an important role in the formation of effective land and property relations in the urban economy and in other areas of activity. This article discusses the political and legal justification for the introduction of restrictions on the right of land ownership, including the establishment of easements, public easements, zones with special conditions for the seizure of territories, the seizure of lands for state and municipal needs.

scholarly journals Problems of documenting the accounting of intangible assets

2021 ◽  
pp. 58-64
Author(s):  
V.V. Yasyshena
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Natural Resources ◽  
Intellectual Property Rights ◽  
Working Condition ◽  
Intangible Assets ◽  
Quality Of Information ◽  
Primary Documents ◽  
The Right

The situation related to the primary documents and the structure of their forms for accounting for intangible assets needs to be resolved. The existence of a number of options for the use of forms of primary documents for accounting for intangible assets, which complicates the documentation process, as the primary forms are partially collected and regulated by several laws and regulations. The need to streamline and summarize the primary documents for accounting for intangible assets and goodwill is emphasized, the order of which should be regulated by a single document. It is recommended to implement the Guidelines for the use of forms of primary accounting of intangible assets and goodwill, with a set of relevant details, which should include documents that will reflect all groups of intangible assets, not just those related to intellectual property. Emphasis was placed on the need to develop primary documentation that will reflect the operations with the formation of intangible assets that will create internal goodwill. It is noted that the use of uniform, agreed forms of primary accounting of intangible assets is also necessary to improve the quality of inspections by regulatory authorities. Primary accounting forms for inventory of intangible assets № IA-4 «Inventory description of intellectual property rights (PR)» and № IA-5 «Inventory description of objects of the right to use natural resources, property and other intangible assets» are developed and recommended to use. It is substantiated to make clarifications and introduce additional details to the inventory descriptions, which is necessary to improve the quality of information formation during the inventory. Emphasis is placed on the need to disclose in the process of inventory objective information about intellectual property objects by checking them for functional compliance, to record the working condition of such objects.

scholarly journals Beyond Equality of What: Sen and neutrality

2018 ◽  
Vol 4 (2) ◽  
pp. 226-235
Author(s):  
Christopher Robert Lowry
Keyword(s):  
Good Life ◽  
Capability Approach ◽  
Third Space ◽  
Well Being ◽  
Liberal Theory ◽  
The Good Life ◽  
Primary Goods ◽  
Political Liberal ◽  
Sen’S Capability Approach ◽  
The Capability Approach

Based on a close reading of the debate between Rawls and Sen on primary goods versus capabilities, I argue that liberal theory cannot adequately respond to Sen’s critique within a conventionally neutralist framework. In support of the capability approach, I explain why and how it defends a more robust conception of opportunity and freedom, along with public debate on substantive questions about well-being and the good life. My aims are: (i) to show that Sen’s capability approach is at odds with Rawls’s political liberal version of neutrality; (ii) to carve out a third space in the neutrality debate; and (iii) to begin to develop, from Sen’s approach, the idea of public value liberalism as a position that falls within that third space.

scholarly journals Legal Policy of Legislation in the Field of Natural Resources in Indonesia

2016 ◽  
Vol 1 (1) ◽  
pp. 108
Author(s):  
Herdiansyah Hamzah
Keyword(s):  
Natural Resources ◽  
Free Market ◽  
Market Competition ◽  
Future Generations ◽  
Constitutional Court ◽  
Legal Policy ◽  
The People ◽  
The Right ◽  
Control And Management ◽  
Gain Access

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

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