scholarly journals The influence of common property rights on forest management policy: a case study in Sardinia region, Italy

2012 ◽  
Vol 56 (1) ◽  
pp. 16-26 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Fabrizio Ferretti
Keyword(s):  
Forest Management ◽  
Property Rights ◽  
Common Property ◽  
Private Property ◽  
Local Development ◽  
Management Policy ◽  
Private Forests ◽  
The Public ◽  
The Common

Abstract The property rights and the type of ownership (private owners, public domain and commons) are two fundamental concepts in relationship to the local development and to the social and environmental sustainability. Common forests were established in Europe since the Middle Ages, but over the centuries the importance of commons changed in parallel with economic and social changes. In recent decades, the scientific debate focused on the forest management efficiency and sustainability of this type of ownership in comparison to the public and private property. In Italy common forests have a long tradition with substantial differences in the result of historical evolution in various regions. In Sardinia region the private forests are 377.297 ha, the public forests are 201.324 ha, while around 120.000 ha are commons. The respect of the common rights changed in the different historical periods. Today, the common lands are managed directly by municipalities or indirectly through third parties, in both cases the involvement of members of community is very low. The main objective of the paper is to analyse forest management differences in public institutions with and without common property rights. To achieve the objective of the research the forest management preferences of community members and managers were evaluated and compared. The analysis was realized through the use of the principal-agent model and it has been tested in a case study in Sardinia region (Arci-Grighine district). The analysis of the results showed that the categories of actors considered (members of community, municipalities and managers) have a marked productive profile, but municipalities manage forests perceiving a moderate multifunctionality. Moreover, the representatives of the municipalities pay more attention to the interests of the collectivity in comparison to the external managers. They also attribute high importance to environmental and social forest functions.

scholarly journals TOWARDS A TAXONOMY FOR PUBLIC AND COMMON PROPERTY

2019 ◽  
Vol 78 (1) ◽  
pp. 124-147 ◽  
Author(s):  
Christopher Rodgers
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
Environmental Governance ◽  
Common Property ◽  
Private Property ◽  
Effective Protection ◽  
The Public ◽  
Property Interest ◽  
Public Property ◽  
New Strategies

AbstractThis article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both “owners” and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article concludes that it is a mistake to think in terms of “private property”, “common property” or “public property”. The division and allocation of resource entitlements in land can result in private, common and public property rights subsisting over the same land simultaneously, in different combinations and at different times. The categorisation of property interests in land (as private, common or public) may also shift and change from time to time. The article considers the importance of distinguishing between private, common and public property interests for developing new strategies for environmental governance, and for implementing the effective protection of natural resources.

Libertarianisms

2018 ◽  
Author(s):  
Daniel Halliday
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Private Property Rights ◽  
Classical Liberal ◽  
Inherited Wealth ◽  
Left And Right ◽  
The Common

This chapter considers various arguments both for and against taxing inherited wealth, each of these being associated with some or other type of libertarian outlook. Libertarianism in the Lockean guises (‘left’ and ‘right’ varieties) is distinguished from its classical liberal alternative, which downplays the Lockean emphasis on private property rights in favour of a more defeasible case for small government and low taxation. These different perspectives generate a variety of quite different arguments about inheritance, some more persuasive than others. Some attention is paid to the common claim that inheritance taxes ‘punish’ virtue and generosity. It is then argued that a Rignano scheme may be particularly attractive in light of certain left-libertarian commitments and as a way of accommodating a classical liberal concern about perpetual savings.

unrechtliche peinliche schmehung oder dem gemeinen nutz nuetzlich?Eine Fallstudie zur Normenkonkurrenz im Schmähschriftprozess des 16. Jahrhunderts

2020 ◽  
Vol 25 (1) ◽  
pp. 135-149
Author(s):  
Jan Siegemund
Keyword(s):  
Early Modern ◽  
Common Good ◽  
Public Places ◽  
Legal Norms ◽  
The Public ◽  
The Common ◽  
The Public Sphere ◽  
The City ◽  
Different Levels

AbstractLibel played an important and extraordinary role in early modern conflict culture. The article discusses their functions and the way they were assessed in court. The case study illustrates argumentative spaces and different levels of normative references in libel trials in 16th century electoral Saxony. In 1569, Andreas Langener – in consequence of a long stagnating private conflict – posted several libels against the nobleman Tham Pflugk in different public places in the city of Dresden. Consequently, he was arrested and charged with ‘libelling’. Depending on the reference to conflicting social and legal norms, he had therefore been either threatened with corporal punishment including his execution, or rewarded with laudations. In this case, the act of libelling could be seen as slander, but also as a service to the community, which Langener had informed about potentially harmful transgression of norms. While the common good was the highest maxim, different and sometimes conflicting legally protected interests had to be discussed. The situational decision depended on whether the articulated charges where true and relevant for the public, on the invective language, and especially on the quality and size of the public sphere reached by the libel.

scholarly journals Balancing wood market demand and common property rights: a case study of a community in the Italian Alps

2014 ◽  
Vol 19 (5) ◽  
pp. 417-426 ◽  
Author(s):  
Alessandro Paletto ◽  
Isabella De Meo ◽  
Maria Giulia Cantiani ◽  
Dario Cocciardi
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Market Demand ◽  
Italian Alps

scholarly journals WYBRANE ZAGADNIENIA WŁASNOŚCI ZABYTKÓW I DZIEŁ SZTUKI W PRAWIE PRL-U

2016 ◽  
Vol 11 (2) ◽  
pp. 171 ◽  
Author(s):  
Alicja Jagielska-Burduk
Keyword(s):  
Cultural Heritage ◽  
Public Interest ◽  
Legal Status ◽  
Private Property ◽  
Cultural Property ◽  
Future Generations ◽  
The Public ◽  
Common Heritage ◽  
Works Of Art ◽  
The Common

LEGAL STATUS OF CULTURAL PROPERTY AND WORKS OF ART IN THE PRL Summary The article deals with the legal status of works of art and cultural property in the Polish legislation during communism period. Classifying those objects as private property was considered as a very difficult task, because of their material value and the public interest in saving them for future generations. The strict limitations of individuals property were perceived as unusual and as a result a new sort of property – the private cultural property was distinguished. Moreover, the concepts of the common heritage and res extra commercium could be observed in the light of the PRL ideas. It should be emphasized that the above mentioned theories for improving cultural heritage regulations are the most popular in the nowadays’ international discussion.

The Neoliberal State

2005 ◽  
Author(s):  
David Harvey
Keyword(s):  
Property Rights ◽  
Free Trade ◽  
Common Property ◽  
Private Property ◽  
The State ◽  
Free Markets ◽  
Private Property Rights ◽  
Role Of The State ◽  
Contractual Obligations ◽  
Political Form

The role of the state in neoliberal theory is reasonably easy to define. The practice of neoliberalization has, however, evolved in such a way as to depart significantly from the template that theory provides. The somewhat chaotic evolution and uneven geographical development of state institutions, powers, and functions over the last thirty years suggests, furthermore, that the neoliberal state may be an unstable and contradictory political form. According to theory, the neoliberal state should favour strong individual private property rights, the rule of law, and the institutions of freely functioning markets and free trade. These are the institutional arrangements considered essential to guarantee individual freedoms. The legal framework is that of freely negotiated contractual obligations between juridical individuals in the marketplace. The sanctity of contracts and the individual right to freedom of action, expression, and choice must be protected. The state must therefore use its monopoly of the means of violence to preserve these freedoms at all costs. By extension, the freedom of businesses and corporations (legally regarded as individuals) to operate within this institutional framework of free markets and free trade is regarded as a fundamental good. Private enterprise and entrepreneurial initiative are seen as the keys to innovation and wealth creation. Intellectual property rights are protected (for example through patents) so as to encourage technological changes. Continuous increases in productivity should then deliver higher living standards to everyone. Under the assumption that ‘a rising tide lifts all boats’, or of ‘trickle down’, neoliberal theory holds that the elimination of poverty (both domestically and worldwide) can best be secured through free markets and free trade. Neoliberals are particularly assiduous in seeking the privatization of assets. The absence of clear private property rights––as in many developing countries––is seen as one of the greatest of all institutional barriers to economic development and the improvement of human welfare. Enclosure and the assignment of private property rights is considered the best way to protect against the socalled ‘tragedy of the commons’ (the tendency for individuals to irresponsibly super-exploit common property resources such as land and water).

Guided Change Through Community Forestry A Case Study in Forest Management Unit 17 – Newfoundland

1989 ◽  
Vol 65 (5) ◽  
pp. 344-347 ◽  
Author(s):  
M. A. Roy
Keyword(s):  
Forest Management ◽  
Community Involvement ◽  
Common Property ◽  
Community Forestry ◽  
Management Unit ◽  
Coastal Forests ◽  
Community Forest ◽  
Common Property Resource ◽  
Forestry Project

For centuries the coastal forests of insular Newfoundland traditionally have been exploited as a common property resource for individual domestic purposes. Indiscriminate domestic cutting has led to deteriorated forests and to increased conflicts with commercial forestry interests. In recent years many approaches have been tried to manage domestic cutters. This article examines the process used by the staff of Forest Management Unit 17, on the Great Northern Peninsula, that led to a pilot community forestry project as a means of fostering responsibility and accountability in the wood cutting public. It is concluded that the process of changing the undesirable aspects of common property traditions requires adequate time and commitments of funding, staff, and community involvement. The community forest concept could be expanded to other Newfoundland Forest Management Units with high domestic demand and low supplies of accessible timber. Key Words: common property, domestic cutting, community forestry

Public Space, Common Space, and the Spaces In–Between: A Case Study of Philadelphia's LOVE Park

2020 ◽  
Vol 19 (3) ◽  
pp. 676-703
Author(s):  
Luke M. Cianciotto
Keyword(s):  
Public Space ◽  
General Public ◽  
Urban Landscape ◽  
Public Spaces ◽  
The Other ◽  
The Public ◽  
Common Space ◽  
The Common

This study concerns the struggle for Philadelphia's LOVE Park, which involved the general public and its functionaries on one side and skateboarders on the other. This paper argues LOVE Park was one place composed of two distinct spaces: the public space the public engendered and the common space the skateboarders produced. This case demonstrates that public and common space must be understood as distinct, for they entail different understandings of publicly accessible space. Additionally, public and common spaces often exist simultaneously as “public–common spaces,” which emphasizes how they reciprocally shape one another. This sheds light on the emergence of “anti–common public space,” which is evident in LOVE Park's 2016 redesign. This concept considers how common spaces are increasingly negated in public spaces. The introduction of common space to the study of public spaces is significant as it allows for more nuanced understandings of transformations in the urban landscape.

Herders response to acute land pressure under changing property rights: some insights from Kajiado District, Kenya

2005 ◽  
Vol 10 (1) ◽  
pp. 67-85 ◽  
Author(s):  
JANE KABUBO-MARIARA
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Private Property ◽  
Secondary Data ◽  
Probit Regression ◽  
Private Property Rights ◽  
Regression Framework ◽  
Education Levels ◽  
And Migration ◽  
Land Pressure

This paper examines the response of herders to increased shortage and degradation of land in an arid and semi-arid land setting in Kenya, under changing property right regimes using both survey and secondary data. We argue that the responses adopted are livelihood strategies to improve herder's welfare. We explore the determinants of three different strategies: crop cultivation, investment in land improvements, and migration with livestock. We employ the probit regression framework to explain each strategy. The main findings of the study are that private property rights, educational attainment, and availability of water are major determinants of the three strategies. We recommend policies that favour privatization of existing common property resources, improve education levels, and increase supply of water in the district.

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