The Meanings of Property

Author(s):  
Ekaterina Pravilova

This chapter traces the history of property relations in Russia. It examines how Russian rulers came to respect private property as a bulwark of autocracy and what this respect meant for property in the context of Russian monarchal rule. Topics covered include the reign of Catherine the Great and the invention of absolute private domain; the issue of expropriation; the scope and the legal status of state possessions; and initial attempts to introduce the notion of “public property,” which focused on Russia's natural treasures, such as the forests granted by Catherine the Great into the unlimited ownership of the nobles.

2020 ◽  
pp. 38-45
Author(s):  
BOBURMIRZO BOTIROV

The study of the life and work of scientists, in particular, the heritage of scholars-faqihs of Maverannahr, who have great authority in all regions of the Islamic world, is becoming increasingly important in the world aspect. Their works on jurisprudence still serve as textbooks on Islamic law. This fact proves the importance and relevance of studying the history of origin, stages of development, and distinctive features of jurisprudence in Maverannahr. The article provides information on the study of ideas and recommendations in the book of Burkhaniddin al-Marginani al-Hidaya and analysis of the guidelines for the regulation of property relations, which provide specifc rules for the treatment of the property. Particular attention is paid to the legal status of minors, mentally retarded, and slaves as subjects. In today’s complex world extremist movements and fundamentalists that threaten the development of society in today’s complex world distort the essence and content of Islam and try to use it for their nefarious purposes. Therefore, the correct interpretation of the true essence of Islam, its basic principles, as well as peacekeeping and humanistic ideas is especially relevant and important. The study of fqh as a system closely related to practical life also acquires scientifc and practical signifcance. The four-volume al-Hidaya, written by Burhanuddin alMarginani, is an important and comprehensive legal code for the Hanaf school of thought in the Sunni school. It consists of more than 55 books, hundreds of chapters and covers all areas of Islamic law.


Author(s):  
Alexander V. Buzgalin

The article shows that in the USSR, the development of associated social creativity (including such a phenomenon as “enthusiasm”), based on public property, was opposite to the opinions of most economists one of the important sources of development of this economic system. At the same time, the opposite content was hidden behind the form of public property in the USSR – ​the alienation of workers from the functions of management and appropriation of public wealth due to the bureaucratization of state property, which was the main brake on the development of the economy in which these property relations dominated. The analysis of this contradiction shows that public property most fully realizes its potential either as a state property (in such extreme conditions as wars, global catastrophes, etc.), or to the extent it is based on associated social creativity. The potential of public disposal and appropriation based on social creativity is especially great in the field of production of public goods (education, health care, art), where public ownership of the results of creative work can take the form of “everyone's ownership of everything”, which makes it possible to remove the restrictions of intellectual private property.


2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.


2016 ◽  
Vol 43 (1) ◽  
pp. 83-95 ◽  
Author(s):  
Catherine Kellogg

Judith Butler and Catherine Malabou’s recent exchange, ‘You Be My Body for Me: Body, Shape and Plasticity in Hegel’s Phenomenology of Spirit’, is remarkable because in their rereading of Hegel’s famous lord and bondsman parable, rather than focusing on recognition, work, or even desire, Butler and Malabou each wonder about how Hegel contributes to a new way of thinking about ‘having’ a body and how coming to ‘be’ a body necessarily involves a kind of dispossession. Butler and Malabou’s reading of Hegel is congruent with a current shift on the left away from a liberal politics of recognition to a (post-)Marxist analytic of dispossession: a move, in other words, away from liberal ‘solutions’ of redistribution – of either goods or recognition – towards thinking through issues of settler colonialism, forced migration and empire. Butler and Malabou’s piece points towards the insight that Hegel’s parable must be thought in terms of the political history of possessive individualism, and so in terms of the history of juridically defined property relations; the history of regarding both the body and the land as property. The ‘two valences’ of dispossession, in other words, refers in fact to a logic of property relations, one between those who ‘have’ property (either land or the property of their own bodies) and those who are juridically defined as propertyless.


Author(s):  
Michael C. Hawley

By any metric, Cicero’s works are some of the most widely read in the history of Western thought. This book suggests that perhaps Cicero’s most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism’s unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero’s thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero’s vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people’s collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero’s original articulation through the American founding. It concludes by exploring how modern political ideas remain dependent on the conception of just politics first elaborated by Rome’s great philosopher-statesman.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Ivelina Velcheva ◽  
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◽  

This paper focuses on paragraph 16 of Article 148 of the Bulgarian Spatial Development Act, as well as on the need of establishing this new regulation, the means for applying the street regulation provided in the detailed development plan, and the history of development laws in Bulgaria. It considers the new provision in terms of its meaning for better urban planning of settlements and construction of infrastructure necessary for the development of property, such as pavements, streetlights, landscaping, etc. The legal order established by the Bulgarian Constitution is guaranteed through meeting the requirement for public interest and the principle of proportionality under alienation of private property for the purpose of applying street regulation.


Author(s):  
Vugar Nazarov ◽  
◽  
Jamal Hajiyev ◽  
Vasif Ahadov ◽  
◽  
...  

Local and foreign scientists are now paying growing attention to various issues of property and the philosophical and ethical, political, economic, institutional, social, psychological, and other aspects of its formation, taking into account the requirements of large-scale transformation, which primarily concern post-industrial areas of social development. In consequence, as modern studies rightfully point out, considering property relations, two general restrictions should be taken into account: this is an attempt to explain the absoluteness of their roles, the presence and content of all aspects of socio-economic relations by property relations; and the denial of the role of property as one of the most important factors determining the direction of social development in the present and future.This situation forces a new look at the economic policy of the state in this area, because any financial and monetary measures taken by the government will be doomed to failure if their implementation will be without interaction with the mechanisms of the private property system. The article defines the entrepreneurial sector of the region, its interaction with the institutions of the market system operating in all sectors and spheres of the region's economy, and also shows the influence of the development of property relations on the institutions of entrepreneurship.


2021 ◽  
Vol 296 (4) ◽  
pp. 14-20
Author(s):  
AnnА KOZACHENKO ◽  

The article highlights the views of scientists on the allocation of periods (stages) in the history of internal control, which differ in the following features: the emergence and development of socio – economic relations that existed at different times; diversification of objects and subjects of control; complicating the tasks of control over the different levels of development of productive forces and equipment of each society; specific methodological techniques. Thus, the first manifestations of control are observed during the period of primitive communal system. The period of slavery is considered the stage of the emergence of internal control. Characteristic of this period was physical coercion to work. In the period of the feudal system, the peculiarities of the development of socio-economic formation of European states are the distinction between external and internal audit, and accounting registers to reflect the facts of economic life, which served for entries in the accounts of the General Ledger. In addition, control activities were manifested in the movement of credit and settlement transactions between buyers, in settlements between buyers and banks, in production processes and private ownership of the means of production. The capitalist system of production did not require many special control bodies, and its functions were carried out directly by the owners of the means of production. The basis of capitalism was the private property of the bourgeoisie on the means of production, but not on the worker, who at that time received more freedom. It was during the communist formation that thorough work was carried out on the methodological support of internal economic control, but its active development began after the declaration of independence of Ukraine, by borrowing the foundations in foreign countries. Thus, the periodization presented in the article helps to trace the historical aspect of the development and formation of internal control as a control system as a whole, in a certain period of time in which.


2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Andrey Lyamzin

This article publishes and analyses an interview with Lieutenant Colonel V. V. Skoryak, a Soviet military specialist who took part in the Vietnam War for eleven months in 1970. The interview describes little-known facts about military advisers’ stay in the country, when they mostly stayed far away from the frontline and dealt with the preparation and maintenance of the S‑75 high-altitude air defence systems. Special attention is paid to the everyday life of the advisers and their legal status, which helps reveal new aspects of the “everyday history” of war. Skoryak speaks about the ideological, moral, and psychological preparedness of the Soviet people to fulfil their “international duty”, which, according to him, was internally motivated. He also analyses post-traumatic syndromes in Soviet military men: it was especially frequent and profound in the early stages of the conflict. Additionally, the interview contains information about the medical care provided to the participants of the conflict and the consequences for their health. It puts forward some ideas about how the chemical weapons used by the Americans affected the human reproductive system. The interview provides an emotional assessment of the war and their place in the biography of a Soviet officer.


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