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MEST Journal ◽  
2022 ◽  
Vol 10 (1) ◽  
pp. 12-30
Author(s):  
Anthony Cesario

Without a doubt, one of the most controversial issues currently being debated is abortion. Several decades ago, philosopher and economist Walter Block offered a compromise of the seemingly uncompromisable problem based on libertarian principles, which he called evictionism. Evictionism is based on the theory of self-ownership and the implications that follow, which are the non-aggression principle and private property rights. It is a principled compromise between the traditional pro-life and pro-choice positions. According to evictionism, it would not be illegal for a pregnant woman to evict a fetus at any time for any reason because she is the one who owns her womb, but it would be illegal for her to kill the fetus unnecessarily once it’s viable. This means that before viability, an eviction that necessarily results in the death of the fetus would be legal. After viability, however, an eviction that unnecessarily results in the death of a fetus would be considered murder and consequently illegal. Unfortunately, though, very few people have heard of this compromise. What’s worse of those who have heard of it, even fewer have been convinced by it. Consequently, there have been several written debates between Block and his critics about their perceived problems with his proposed compromise. The purpose of this paper is to provide a detailed summary of one of the first main debates that Block has had on the topic.


2022 ◽  
pp. 026377582110685
Author(s):  
Heather Dorries

What is planning without property? This question was recently posed to me following a conference presentation. In this paper, I argue that taking this question seriously reveals unchallenged assumptions about the relationship between planning and property. Focusing on Canada as a settler colonial liberal democracy, I respond to this question by looking at the Indian Act which has supported colonial dispossession and assimilation in Canada for almost 200 years and rely on Brenna Bhandar’s conceptualization of “racial regimes of property” as a means of examining how racial subjects and private property are co-produced. I then look to the practices reflected in the creation of Nadia Myre's artwork Indian Act to show how Indigenous epistemologies can aid in the conceptualization of planning without property. I argue that planning without property would be an approach to planning that would be focused on identifying, making, and strengthening the human and more-than-human relationships the flourishing of life requires. Thus, planning without property would support practices of being and belonging rather than practices of exclusion and domination.


Castanea ◽  
2022 ◽  
Vol 86 (2) ◽  
Author(s):  
Taylor S. Quedensley ◽  
Dale A. Kruse ◽  
Caleb A. Morse

2022 ◽  
pp. 1158-1175
Author(s):  
Marina Stefanova

Employees are rated as the most valuable asset of an organization. Therefore, the care, development, and maintenance of strong staff motivation are essential to achieve the core business goals. In the early 90s human capital had completely different value in the post-socialist countries. Unlike East Germany, in Bulgaria private property and entrepreneurship did not exist during the Soviet period. The education of an entrepreneurship spirit in free people had to start from scratch. The first part of the chapter examines the most important theoretical contributions and basis of the human capital and human capital resource theories. The second part is dedicated to the practical implications of these concepts in a newborn Bulgarian company which has a vision to transform the society it operates in. In addition, the chapter analyzes how these concepts reflect on a broader business audience, thus becoming a role model for multiplication of other companies from the responsible business circle in Bulgaria.


2021 ◽  
pp. 120633122110665
Author(s):  
Lisa Guenther

A group of women who were incarcerated at Canada’s first federal Prison for Women (P4W) have been fighting to create a memorial garden since the prison closed in 2000. In 2017, the prison was sold to a private developer who plans to convert the historic building and grounds into condos, retail, and office space. What does it mean to remember the dead, and to fight for the living, at a time when neoliberal common sense demands the efficient conversion of a place of suffering and death into a “heritage building” on “prime real estate”? How might a collective practice of radical imagination help to resist the commodification of memory into a tourist attraction or an aesthetic improvement of private property? And what is the relation between memory, healing, and accountability in a place where state violence, gender domination, and settler colonialism intersect?


Author(s):  
Victoria Slobodyan ◽  
Marina Polishchuk

Problem setting. The article examines issues related to property that is the personal private property of the wife, husband. Some problems and contradictions of the legal regime of personal private property are analyzed, according to the results of the analysis of which, one’s own position is stated. The case law on this issue is studied and its key aspects within the topic of the article are singled out. The thesis is proposed and argued that an effective way to establish the legal regime of property, according to which it will be the personal private property of a husband or wife can be a marriage contract. The practical significance of the obtained results is that they can be used: in the research field ‒ for further research on the problems of personal private property of spouses in family relationships; in law-making activity ‒ for improvement of provisions of the current legislation of Ukraine, at creation of new and modification of the operating domestic regulatory legal acts concerning the outlined problem; law enforcement activities ‒ by applying practical conclusions and recommendations in practice in matters relating to personal private property of husband, wife; in the educational process ‒ as a didactic support of certain topics in the discipline «Family Law of Ukraine». Analysis of recent researches and publications in which this problem was considered, showed that, in particular, such scientists as V.K. Antoshkina, V.I. Borisov, L. Vlasenko, E.M. Vorozheykin, N. Zagriya, I.V. Zhilinkova, A.O. Dutko, V.O. Kozhevnikova, L.V. Krasitska, V.A. Kreutor, O.M. Ponomarenko, O.V. Rozgon, O.I. Safonchik, O.V. Sinegubov, I.V. Spasibo-Fateeva, R.O. Stefanchuk, E.O. Fomina, S. Fursa, E. Fursa, E.A. Kharitonov, Y.S. Chervony, V.L. Yarotsky and others paid much attention to its various aspects. Target of research. Research of the legal nature and features of property that is the personal private property of the wife, husband. Article’s main body. According to the Family Code of Ukraine, the personal private property of the husband and wife are: 1) property acquired before marriage; 2) property acquired during the marriage, but on the basis of a contract of gift or by inheritance; 3) property acquired during the marriage, but for funds that belonged to one of the spouses personally; 4) housing acquired by one of the spouses during the marriage as a result of privatization in accordance with the Law of Ukraine “On Privatization of State Housing”; 5) land acquired as a result of privatization, which was in his / her use, or obtained as a result of privatization of land of state and communal agricultural enterprises, institutions and organizations, or obtained from state and communal lands within the norms of free privatization defined by the Land Code Of Ukraine. In addition, the personal private property of the spouses is also things for individual use, ie things that each spouse personally uses daily or regularly. Here it is important to emphasize that there is no clearly defined list of such things in the current legislation. However, as a rule, these include clothing, perfumes, cosmetics, accessories, jewelry, personal hygiene products and more. Such items include, in particular, jewelry, even if they were purchased with common funds. However, in practice there are difficulties in what is to be understood by the concept of “jewelry”, because it is evaluative. In the event that the division of property of the spouses takes place in court, the court must decide in each case whether a particular thing is valuable. Conclusions and prospects for the development. Thus, property acquired before marriage is exclusively personal private property – marriage registration does not change the legal regime of property acquired separately by each spouse before marriage. In addition, such property retains a regime of separation regardless of the duration of the marriage, even if the property was used not only by the owner but by both spouses. As for the property acquired in marriage, it is possible to recognize it as personal private property, but this requires a lot of effort and substantiated evidence that confirms the fact that one of the spouses spent their personal money and specific property. We concluded that an effective way to avoid possible risks and protect spouses from future misunderstandings and disputes over property regimes is to conclude a marriage contract, which can not only resolve the property relations of husband and wife during marriage, but also prevent possible lawsuits. disputes over the division of property in the event of divorce.


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.


2021 ◽  
Vol 43 (2) ◽  
pp. 149-169
Author(s):  
Mikołaj Tarkowski

The article illustrates that property rights, including in particular property and the relationship between property rights and the category of freedom in the nineteenth-century Russian Empire, was one of the most important areas of scientific activity of Richard Pipes. For centuries, both the institution of freedom and property were highly politicised. Based on Richard Pipes’ findings, it can be concluded that the relationship between ownership and freedom manifested itself in the feature of relativity or ambivalence, depending on the time and individual parts of the Russian Empire. In the 19th century, the former mainly influenced the development of the monetary economy, while the latter strengthened the idea of samoderzhavyie in the political system. Richard Pipes noticed the sources of the antinomy between the idea of freedom and property in nineteenth-century Russia in the dynamically developing economic life and the “stillness” of the autocratic political power system. Following this concept, the article presents the doubts appearing among the St Petersburg ruling elite as well as provincial officials related to establishing the personal freedom of peasants in Russia, which finally took place in 1861. The system of tsarist autocracy in Russia, which was developing throughout history, noticed significant links between property and freedom. A good example of this process was the confiscation of land property. In this regard, the article mentions political premises, the impact of the phenomenon of “paradox and tragedy,ˮ as well as the socio-economic calculations carried out in the field of confiscating private property in the western governorates of the Russian Empire, after the January Uprising of 1863.


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.


2021 ◽  
Vol 9 (3) ◽  
pp. 429-448
Author(s):  
Yavuz Guloglu

Zoning plans are drawn and written texts prepared as a result of planning activities according to the characteristics of the region in order to meet the social, cultural, human and economic needs of a settlement and to show a safer and more regular development of the place. The property rights of individuals can be restricted by means of the plans prepared by the administration to create livable, orderly and modern living spaces. While the zoning plans are being prepared, the immovables allocated for public services should first be selected from public lands and if these immovables are not sufficient for the places to be allocated to the public service areas, the immovables subject to private property should be allocated to the public service and these areas should be expropriated by the administrations to be allocated on their behalf. The Zoning Law No. 3194 in Turkey is the basic regulation of the zoning law. In the Zoning Law, there is a regulation that the parcels allocated to public services in the zoning plans will be expropriated within five years. However, if the expropriation of the immovables is not completed within the time specified in the legal regulation, the owner who is deprived of his right to dispose of the immovable, is unfairly burdened with a heavy burden. The concept of "legal confiscation" emerges when the property right of the owner of the immovable is restricted for many years only by allocating privately owned immovables to public space in the zoning plans without any actual intervention by the administration. Since the administrations responsible for expropriation mostly avoid this obligation, the procedures established by the administration for planning constitute a disproportionate and unfair intervention in the property rights of the immovable owners. In this study, the definition of the concept of legal confiscation in Turkey, its elements, the remedies for ending the interference with the right to property will be explained, the procedures and principles to be considered during the judgement will be explained by giving examples from the judicial case-law and the decisions of the European Court of Human Rights, and solution proposals will be presented.Keywords: Legal Confiscation; Construction Plan; Property; Contravention Tuntutan Hukum sebagai Permasalah Hak Properti di Turki Abstrak.Undang-undang Zonasi No. 3194 di Turki adalah peraturan dasar dari undang-undang zonasi. Dalam UU Zonasi, ada aturan bahwa persil yang dialokasikan untuk layanan publik dalam rencana zonasi akan diambil alih dalam waktu lima tahun. Akan tetapi, jika pengambilalihan barang-barang tidak bergerak itu tidak selesai dalam waktu yang ditentukan dalam peraturan perundang-undangan, maka pemilik yang dirampas haknya untuk membuang barang-barang tidak bergerak itu, dibebani secara tidak adil dengan beban yang berat. Konsep "sita hukum" muncul ketika hak milik pemilik barang tidak bergerak dibatasi selama bertahun-tahun hanya dengan mengalokasikan barang-barang milik pribadi ke ruang publik dalam rencana zonasi tanpa intervensi nyata dari pemerintah. Karena sebagian besar administrasi yang bertanggung jawab atas pengambilalihan menghindari kewajiban ini, prosedur yang ditetapkan oleh administrasi untuk perencanaan merupakan intervensi yang tidak proporsional dan tidak adil dalam hak milik pemilik tak bergerak. Dalam penelitian ini akan dijelaskan pengertian dari konsep sita hukum di Turki, unsur-unsurnya, upaya penyelesaian untuk mengakhiri campur tangan terhadap hak milik akan dijelaskan, prosedur dan prinsip-prinsip yang harus dipertimbangkan selama penilaian akan dijelaskan dengan memberikan contoh-contoh dari kasus hukum peradilan dan keputusan Pengadilan Hak Asasi Manusia Eropa, dan proposal solusi akan disajikan.Kata Kunci: Penyitaan Hukum; Rencana Pembangunan; Properti; Kontravensi Юридическая конфискация как проблема права собственности в Турции Абстрактный.Закон о зонировании № 3194 в Турции является основным постановлением закона о зонировании. В Законе о зонировании есть положение, согласно которому участки, выделенные для общественных услуг в планах зонирования, будут экспроприированы в течение пяти лет. Однако, если отчуждение недвижимой вещи не завершено в сроки, указанные в правовом регулировании, на собственника, лишенного права распоряжаться недвижимой вещью, несправедливо возлагается тяжелое бремя. Понятие «юридическая конфискация» возникает, когда право собственности владельца недвижимой вещи ограничивается в течение многих лет только путем отнесения частной недвижимой собственности к общественным местам в планах зонирования без какого-либо фактического вмешательства со стороны администрации. Поскольку администрации, ответственные за экспроприацию, в большинстве случаев избегают этого обязательства, процедуры, установленные администрацией для планирования, представляют собой несоразмерное и несправедливое вмешательство в имущественные права владельцев недвижимого имущества. В этом исследовании будет объяснено определение концепции правовой конфискации в Турции, ее элементы, средства правовой защиты для прекращения вмешательства в право собственности, а также будут объяснены процедуры и принципы, которые должны быть рассмотрены в ходе судебного решения, с помощью примеров из будет представлена судебная практика и решения Европейского суда по правам человека, а также предложения по их решениям.Ключевые слова: Конфискация; План Строительства; Собственность; Правонарушение


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