scholarly journals Restrictions during pandemic: justified but is it lawful?

2021 ◽  
pp. 70-91
Author(s):  
Andra Mažrimaitė ◽  
Vytautas Pasvenskas
Keyword(s):  
Economic Activity ◽  
Private Property ◽  
The State ◽  
Property Ownership ◽  
Ownership Rights

The article analyses if restrictions on business during the quarantines were proportionate and legitimate. The authors of this article argue that the forced closure of businesses during quarantine in its essence resembles the institute of taking private property ownership rights for public needs rather than restricting the freedom of economic activity because activities have been suspended entirely instead of merely being subject to certain operational restrictions. Such restrictions may be imposed only in exceptional cases and in the form of a law. It would be in line to consider proportionate compensations for businesses’ losses due to forcible closure from the State.

Chattel Property Rules and the Construction of Englishness, 1660–1800

1994 ◽  
Vol 12 (1) ◽  
pp. 123-153 ◽  
Author(s):  
Susan Staves
Keyword(s):  
Early Modern ◽  
Joint Venture ◽  
Private Property ◽  
Early Modern England ◽  
The State ◽  
Modern State ◽  
Property Law ◽  
Property Ownership ◽  
Rule Changes ◽  
Ownership Rights

To think of property as “things” owned by “persons” may be to miss a more interesting relation in which personhood itself can be constructed out of ownership rights, especially out of what a particular person is privileged or forbidden to own. Moreover, what is sometimes thought of as “private property” might more accurately be understood as the product of a joint venture engaged in by both individuals and the state. Now, instead of personhood and property existing outside of and independent of the state, both are significantly creatures of the modern state. In early modern England we can see the extent to which “England” and “Englishness” were themselves invented through rules of ownership and through the state's use of rules of ownership to project and to enforce certain ideas of desirable Englishness. A wide variety of statutory changes in the rules of property ownership conferred ownership rights on some persons previously lacking them and took away ownership rights from other persons previously possessing them; these rule changes were intended to promote certain kinds of personhood judged desirable by the legislature and to stigmatize and limit other kinds. Since early modern politicians and social theorists were quite self-conscious about the relations between property law and social structure, it is often possible to discern in the rule changes and in the debates about them what contemporaries supposed the ideological implications of the legal changes they advocated or resisted were.

scholarly journals Property, Commerce, and Living God's Will

2004 ◽  
Vol 16 (1) ◽  
pp. 157-172
Author(s):  
Garrick R. Small ◽  
Keyword(s):  
Private Property ◽  
The State ◽  
Moral Action ◽  
Economic Power ◽  
Private Ownership ◽  
Property Ownership ◽  
God's Will ◽  
Christian Thought ◽  
External Forces ◽  
Market Capitalism

Market capitalism requires absolute private property, and both institutions appeared at about the same time in history. The morality of the market rests on the morality of property, which may be argued both from Scripture and secular perspectives. Both approaches yield a theory of property that supports private ownership conditional on obligations to the community. Apparent contradictions in Scripture regarding property are resolved by this approach. Property ownership confers economic power on its holder. Modernity assumes that this power must be controlled by external forces-either by the market, or the state-but both limit freedom. True moral action must be free. The moral opportunity of the market is to avoid using economic power to exploit others, especially the weak and needy. Christian thought supplies the outline principles for moral guidance for ethical market action that revolve about self-restraint.

scholarly journals Socio-economic human rights in Soviet and Post-Soviet Russia: the experience of a comparative study

2021 ◽  
Vol 2021 (2) ◽  
pp. 21-26
Author(s):  
Pavel Astafichev
Keyword(s):  
Economic Activity ◽  
Private Property ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Soviet Society ◽  
Russian Society ◽  
Economic Rights ◽  
Economic Point ◽  
Economic Relations

The article is devoted to the study of a number of problems associated with the development of the institution of socio-economic rights and freedoms of man and citizen in the history of the national state and law. The author substantiates the point of view that, despite the denial of private property and the state-corporate form of economic activity, in the second half of the 20th century Soviet society acquired a decent look from a socio-economic point of view, which was facilitated by the state-legal regulation of socio-economic relations developed on the basis of the Soviet paradigm of state and law. However, the further development of socio-economic conditions with increasing activity led to the modernization of the concept of socio-economic rights and freedoms of Soviet citizens. Ultimately, the modern Russian society cannot support the outdated political concept of property equality, the denial of private ownership of the means of production and the supremacy of state-corporate forms of economic activity.

Problems Of Investment Attractiveness In The Economy Of Uzbekistan

GIS Business ◽  
2020 ◽  
Vol 15 (1) ◽  
pp. 241-245
Author(s):  
Khamrakulova O.D. ◽  
Bektemirov A.B.
Keyword(s):  
Economic Growth ◽  
Development Strategy ◽  
Private Property ◽  
Economic Reforms ◽  
The State ◽  
Structural Reforms ◽  
The Development Strategy ◽  
Macroeconomic Stability

The deepening of economic reforms in Uzbekistan is closely linked to the strengthening of macroeconomic stability and the maintenance of high rates of economic growth and competitiveness, the continuation of institutional and structural reforms to reduce the presence of the State in the economy, and the further strengthening of the protection of rights and the priority role of private property, as reflected in the Development Strategy for 2017-2021.

FORMATION AND DEVELOPMENT OF PROTECTING SYSTEMOF PRIVATE PROPERTY IN UZBEKISTAN IN THE YEARS OF INDEPENDENCE

2020 ◽  
Vol 6 (3) ◽  
pp. 61-67
Author(s):  
Bakhtiyor Khalmuratov ◽  
◽  
Madina Bakhriddonova
Keyword(s):  
Private Property ◽  
The State ◽  
Legal Basis ◽  
The Social

In the article the process of privatization of state property in Uzbekistan in the first years of independence, mechanisms of carrying out it, the influence of privatization processes on the social,economical life of the population and the activities of the privatized organizations in providing the population with work are analyzed. Also, legal basis of privatizing the state property are focused on

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.

Improvement of passenger cars imports control in the state control system of foreign economic activity

2019 ◽  
Vol 1 (4) ◽  
pp. 148-158
Author(s):  
A. V. Gurbanova ◽  
◽  
D. B. Shtrikova ◽  
Keyword(s):  
Control System ◽  
Economic Activity ◽  
The State ◽  
State Control ◽  
Passenger Cars

Insurgent Universality

2019 ◽  
Author(s):  
Massimiliano Tomba
Keyword(s):  
Private Property ◽  
The State ◽  
European History ◽  
Monopoly Power ◽  
Individual Rights ◽  
Modern Conception ◽  
Democratic Practices ◽  
Fresh Perspective ◽  
Alternative Institutions

Insurgent Universality presents an intervention in current discussions on universalism, democracy, and property. It investigates other trajectories besides traditional ones of modernity and traces an alternative legacy for contemporary movements. This legacy exceeds the familiar juridical horizon of citizenship, individual rights, and the state by revisiting questions relating to power, democratic practices, and the modern conception of private property. Insurgent Universality investigates and displays alternative trajectories of modernity that have been repressed, hindered, and forgotten. These trajectories are not only embodiments of a radical hope and a new conception of universality that arose from insurgencies from below; they also alert us to possibilities in our present that have been underestimated or overlooked. Eventually, they show us alternative institutions by which to reshape our present. These experimental democratic practices and institutions are based on the pluralism of authorities instead of the monopoly power of the state. However, such an inquiry resists the utopian urge to clear the tables. Instead, the book examines more closely, and with a fresh perspective, those aspects of our intellectual inheritance that we have allowed to remain in the darkness. By doing this, Insurgent Universality aims to “decolonize” European history, offering an image of Europe that is not monolithic but, rather, composed of many layers and paths that have been repressed or forgotten. The aim of the book is to rebuild those roads not taken and bridge them with non-European trajectories and political experiments.

Capital and Capitalism

2018 ◽  
Author(s):  
Sumit K. Majumdar
Keyword(s):  
Industrial Policy ◽  
Economic Activity ◽  
The State ◽  
Industrial Society ◽  
Institution Building ◽  
Modern Industrial Society ◽  
Role Of The State ◽  
Laws And Regulations

The chapter summarizes the nature of capital and capitalism. The chapter also highlights concepts related to the role of the State in economic activity, and the nature of industrial policy. The initial concepts dealt with are that of capital as a fund, capital as structure and capital as capabilities. Capitalism necessitates socially organizing production. Assessing organizational and administrative contingencies is important for understanding capitalism. Institutions are the bedrock of capitalism. The broad roles of Government, in designing laws and regulations, building infrastructure and acting as entrepreneur, are discussed. The implementation of national industrial strategies facilitates growth. The nature of industrial strategies is highlighted. Industrial policy activities, as defined by the three facets of institutions, innovation and involvement, are discussed. With respect to India’s industrial strategy, independent India’s founders’ visions of a modern industrial society, grounded in a need to involve Government in institution building, are introduced.

scholarly journals Jan Sobieski’s latifundium and the soldiers (1652-1696)

2020 ◽  
Vol 1 (1) ◽  
pp. 62-69
Author(s):  
Magdalena Ujma
Keyword(s):  
Economic Activity ◽  
Military Service ◽  
18Th Century ◽  
Geographic Location ◽  
The State ◽  
Necessary Condition ◽  
Economic Market ◽  
The People ◽  
Actual Strength ◽  
The Military

Abstract An analysis of the relationship between Jan III Sobieski and the people he distinguished shows that there were many mutual benefits. Social promotion was more difficult if the candidate for the office did not come from a senatorial family34. It can be assumed that, especially in the case of Atanazy Walenty Miączyński, the economic activity in the Sobieski family was conducive to career development. However, the function of the plenipotentiary was not a necessary condition for this. Not all the people distinguished by Jan III Sobieski achieved the same. More important offices were entrusted primarily to Marek Matczyński. Stanisław Zygmunt Druszkiewicz’s career was definitely less brilliant. Druszkiewicz joined the group of senators thanks to Jan III, and Matczyński and Szczuka received ministerial offices only during the reign of Sobieski. Jan III certainly counted on the ability to manage a team of people acquired by his comrades-in-arms in the course of his military service. However, their other advantage was also important - good orientation in political matters and exerting an appropriate influence on the nobility. The economic basis of the magnate’s power is an issue that requires more extensive research. This issue was primarily of interest to historians dealing with latifundia in the 18th century. This was mainly due to the source material. Latifundial documentation was kept much more regularly in the 18th century than before and is well-organized. The economic activity of the magnate was related not only to the internal organization of landed estates. It cannot be separated from the military, because the goal of the magnate’s life was politics and, very often, also war. Despite its autonomy, the latifundium wasn’t isolated. Despite the existence of the decentralization process of the state, the magnate families remained in contact with the weakening center of the state and influenced changes in its social structure. The actual strength of the magnate family was determined not only by the area of land goods, but above all by their profitability, which depended on several factors: geographic location and natural conditions, the current situation on the economic market, and the management method adopted by the magnate. In the 17th century, crisis phenomena, visible in demography, agricultural and crafts production, money and trade, intensified. In these realities, attempts by Jan III Sobieski to reconstruct the lands destroyed by the war and to introduce military rigor in the management center did not bring the expected results. Sobieski, however, introduced “new people” to the group of senators, who implemented his policy at the sejmiks and the Parliament, participated in military expeditions and managed his property.

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