“Secur[ing] Individual Property against Legislative Assumption”:

2021 ◽  
pp. 116-126
Keyword(s):  
Individual Property

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

scholarly journals Individual Property Risk Management

2010 ◽  
Vol 2010 ◽  
pp. 1-11
Author(s):  
Michael S. Finke ◽  
Eric Belasco ◽  
Sandra J. Huston
Keyword(s):  
Risk Management ◽  
Financial Planning ◽  
Optimal Choice ◽  
Excess Risk ◽  
Individual Property ◽  
Risk Transfer ◽  
Potential Gain ◽  
Theoretical Assumptions ◽  
Property Losses ◽  
Risk Retention

This paper reviews household property risk management and estimates normatively optimal choice under theoretical assumptions. Although risk retention limits are common in the financial planning industry, estimates of optimal risk retention that include both financial and human wealth far exceed limits commonly recommended. Households appear to frame property losses differently from other wealth losses leading to wealth-reducing, excess risk transfer. Possible theoretical explanations for excess sensitivity to loss are reviewed. Differences between observed and optimal risk management imply a large potential gain from improved choice.

Concentrated Foreclosure Activity and Distressed Properties in New York City

2016 ◽  
Vol 53 (5) ◽  
pp. 868-897
Author(s):  
Kristin L. Perkins ◽  
Michael J. Lear ◽  
Elyzabeth Gaumer
Keyword(s):  
New York ◽  
New York City ◽  
York City ◽  
Lower Probability ◽  
Sociodemographic Characteristics ◽  
Negative Effects ◽  
Individual Property ◽  
Policy Interventions ◽  
The Subject

Recent research suggests that foreclosures have negative effects on homeowners and neighborhoods. We examine the association between concentrated foreclosure activity and the risk of a property with a foreclosure filing being scheduled for foreclosure auction in New York City. Controlling for individual property and sociodemographic characteristics of the neighborhood, being located in a tract with a high number of auctions following the subject property’s own foreclosure filing is associated with a significantly higher probability of scheduled foreclosure auction for the subject property. Concentration of foreclosure filings prior to the subject property’s own foreclosure filing is associated with a lower probability of scheduled foreclosure auction. Concentrated foreclosure auctions in the tract prior to a subject property’s own filing is not significantly associated with the probability of scheduled foreclosure auction. The implications for geographic targeting of foreclosure policy interventions are discussed.

Self-Help and the State: Rural Cooperatives in Imperial Germany

1988 ◽  
Vol 21 (3) ◽  
pp. 244-266 ◽  
Author(s):  
David Peal
Keyword(s):  
Middle Ages ◽  
The State ◽  
Social Unit ◽  
Individual Property ◽  
Public And Private ◽  
Political Autonomy ◽  
Freedom Of Contract ◽  
Local Resources ◽  
Village Life ◽  
Territorial States

The consolidation of territorial states in Central Europe undermined the local customs and institutions that had shaped village life since the Middle Ages. By the end of the eighteenth century unitary law codes overrode rural customs. By distinguishing between public and private law, these codes stripped the organized village community of legal substance. Police and judicial functions once performed within the community were assumed by bureaucrats, and the state meddled with the use of local resources by liberalizing marriage and residence laws. Deprived of political autonomy, the village did remain the core economic and social unit in rural life, controlling access to communal forests and enforcing the rules of three-field agriculture. In the middle decades of the nineteenth century this limited autonomy was undermined as well. Freedom of contract, security of individual property, free transmission of property between generations, and commercialization of landed property struck at the ability of villages to control their material world in customary ways.

Is property management viewed as a value-added service?

2019 ◽  
Vol 37 (2) ◽  
pp. 262-274 ◽  
Author(s):  
Dustin C. Read ◽  
Andrew Carswell
Keyword(s):  
Real Estate ◽  
Value Creation ◽  
Value Added ◽  
Professional Service ◽  
Property Management ◽  
Individual Property ◽  
Content Type ◽  
Creation Process ◽  
A Value ◽  
Value Creation Process

PurposeThe purpose of this paper is to examine the perspectives of real estate executives to assess the extent to which property management is viewed as a commodity or as a value-added professional service contributing positively to investment performance and property value maximization.Design/methodology/approachThe qualitative analysis draws on the result of 93 semi-structured interviews conducted with executives employed by some of the largest real estate investment management and service firms across the USA.FindingsThe findings suggest that significant perceptual cleavages exist in the real estate industry, with some executives believing property managers are incredibly important to the value creation process and others believing they play a much more modest role.Practical implicationsThe results highlight the need for the property management industry as whole to continue its efforts to gain recognition as a value-added professional service and for individual property management companies to actively take steps to differentiate themselves from competitors if they hope to avoid commodification and fee compression.Originality/valueThe study is the first to the authors’ knowledge to examine real estate executives’ perspectives about the roles property managers play in the value creation process, as well as their views about whether property managers have the skills and autonomy required to make value accretive decisions.

Equal Rights, Privilege, and the Pursuit of Inequality

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Property Rights ◽  
The United States ◽  
Political Order ◽  
First Century ◽  
People Of Color ◽  
Equal Rights ◽  
Individual Property ◽  
Nineteenth Century America

While cherishing ideas of equal rights and equality, Americans have simultaneously sought inequality. The Revolution of 1776 committed Americans to the idea of equal rights, but just as fundamentally it dedicated the United States to the protection and increase of individual property and the power to direct it to heirs. Although equal rights and individual property rights have proved compatible with religious and ethnic equality, social and economic inequality, both meritocratic and inherited, have been integral to the American social and political order. Moreover, based on the emerging biologies of race and sex, the idea of equal rights for people of color and for women faced new barriers in nineteenth-century America and beyond into the twenty-first century.

scholarly journals The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

2019 ◽  
Vol 4 (1) ◽  
pp. 125-127
Author(s):  
Widhiana Hestining Puri
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Customary Law ◽  
Regulation Mechanism ◽  
Individual Property ◽  
Positive Law ◽  
Community Regulation ◽  
The Village

THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY   Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email [email protected] Research Highlights   Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial factors as well as the concept of land reform. The existence of customary land as pekulen land is land owned by the village whose use rights can be requested by the villagers with a rotating utilization mechanism among the villagers in need (Luthfi, 2010 # 2). The study found that indigenous peoples in Java had a welfare distribution mechanism that was the essence of land reform or agrarian reform through a mechanism of land communalization and distribution of its use carried out on a shared land / communal land of the village in rotation.     Research Objectives This research was conducted in order to understand the phenomena of the implementation of law that developed in the community. The existence of community law or so-called non state law, informal law, or customary law in Indonesia is very numerous. The reality of this law is that the majority is still far from the attention and order of a positive and formal state legal arrangement. The community regulation model is an effort to meet the needs of its legal ideals in the midst of limited state positive law arrangements that tend to be more static and less responsive (Puri, 2017 # 16). The community regulation mechanism is a manifestation of unity in the village community where the distribution of land use is carried out among community members who have a concept in line with the national agrarian policy of the country called land reform. The regulatory model initiated from the local level becomes the learning material for how the land regulation mechanism is not always top down, but can be bottom up based on customary law that is proven effective and in accordance with the characteristics of the local community.     Methodology This research was carried out through an empirical legal research model with research locations in villages in Pituruh Subdistrict, Purworejo Regency, Central Java Province. This research is a kind of analytical descriptive research that is directed to get an idea of ​​how the implementation of Javanese traditions in land management has a concept similar to land reform or agrarian reform. In order to analyze existing traditions, a socio-legal approach is carried out, namely a study of the law using the approach of law and social sciences in order to analyze it (Irianto, 2012 # 17). The legal approach referred to is not only to see aspects of norms that are built on the provisions of customary law alone but by looking at their relevance to the regulation of the positive law of the country as the territory of the enactment of the community regulation. This is to see the common thread and the interrelationship between the two and avoid the release of the phenomenon of legal pluralism that is within the scope of national law. So that the legal norms of the community can be assessed as the model of regulation that can be applied in other regions.     Results Javanese people in Indonesia have a land regulation mechanism that has a concept similar to that of land reform or agrarian reform by the state. The customary law of the Javanese community has a common bond based on territorial factors or similarity in the area of ​​residence (Taneko, 2002 # 11). Customary law communities with their customary rights can own and control land both in the concept of individual property rights and communal / communal property rights. The concept of shared property / communal rights illustrates the existence of ownership rights by all members of the community embodied in village control (Susanto, 1983 # 18). One form of joint ownership is the right of possession which can be controlled by community members with the permission of the village government to be used for the benefit of themselves and their families with a rotating mechanism. At present, land is experiencing strengthening and individualization, but the character of togetherness and social function of land is maintained through the distribution of utilization rights of speculative land which has the status of individual property rights, in village settings.     Findings Land reform or agrarian reform is a land policy that aims to overcome the imbalance of land tenure through the distribution of land to people in need. Land reform or agrarian reform can be extended not only to the concept of distribution of land ownership but also to the control and use of land. The limitations of the number of land parcels and the need for land can be overcome through a model of tenure and shared use of land based on the concept of joint property / communal rights over land.    

scholarly journals The Forensic Engineers Role in Eminent Domain Valuation Disputes

1991 ◽  
Vol 8 (2) ◽  
Author(s):  
Wayne H. Coloney
Keyword(s):  
Eminent Domain ◽  
Individual Property ◽  
Property Owner ◽  
The Individual

It can be stated with assurance that the forensic engineer plays a vital and important role in Eminent Domain valuation disputes and that his services are of great value both to the tax paying public and to the individual property owner. Practice in Eminent Domain is constantly challenging, infinitely varied and substantially rewarding.

Slavery

2008 ◽  
Vol 9 (03) ◽  
pp. 491-506 ◽  
Author(s):  
Robin L. Einhorn
Keyword(s):  
United States ◽  
Property Rights ◽  
The United States ◽  
Individual Property ◽  
Public Power ◽  
History Of ◽  
The Common ◽  
Common Man ◽  
The Relationship ◽  
Individual Property Rights

The history of slavery cannot be separated from the history of business in the United States, especially in the context of the relationship between public power and individual property rights. This essay suggests that the American devotion to “sacred” property rights stemsmore from the vulnerability of slaveholding elites than to a political heritage of protection for the “common man.”

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