The Public Nature of Private Property

3 (2005) Ryan, Alan, Property (1987) Sait, Siraj & Lim, Hilary, Land, Law & Islam: Property and Human Rights in the Muslim World, in UN-Habitat Islam, Land and Property Research Series Salert, Barbara & Sprague, John, The Dynamics of ...

Author: Michael Diamond

Publisher: Routledge

ISBN: 1317018559

Category: Law

Page: 274

View: 627

What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

The Public Nature of Private Property

In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and ...

Author: Michael Diamond

Publisher: Routledge

ISBN: 1317018540

Category: Law

Page: 274

View: 512

What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

Research Handbook on the Sociology of Law

All of which is to say that despite the dominance and omnipresence of contract and property law and the relationships they create, whether they ... 'The Public Nature of Private Property'. ... Journal of Law Society, 39(2), 185–212.

Author: Jiří Přibáň

Publisher: Edward Elgar Publishing

ISBN: 1789905184

Category: Law

Page: 416

View: 510

This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Encyclopedia of Law and Society

also to all the owners of property nearby, who will enjoy a new beautiful environment without having borne the costs of making it so. ... by its nature. Private property in the case of public goods is not an efficient legal institution.

Author: David S. Clark

Publisher: SAGE

ISBN: 076192387X

Category: Law

Page: 1808

View: 670

Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.

Law and Social Solidarity in Contemporary China

... of private law in the socialist society”.171 At that time, the PRC civil law was regarded as public law, which put much emphasis on the public nature of socialist civil law in terms of providing a privileged role for public property ...

Author: Han Peng

Publisher: Routledge

ISBN: 1000294153

Category: Law

Page: 278

View: 431

This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.

Philosophical Foundations of the Nature of Law

Moreover, governments are justified in making property law, since it serves morally important purposes. Whether every society needs a system in which private property is the dominant form of property ownership is debatable, ...

Author: Wilfrid J. Waluchow

Publisher: Oxford University Press

ISBN: 0199675511

Category: Law

Page: 361

View: 747

Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

Property Rights and Sustainability

“The Nature of Resource Consents: Statutory Permits or Property Rights?” Paper presented at the New Zealand Law Society Seminar, Wellington, New Zealand Law School, 2009. ——. “Private Property Rights and the Public Interest.

Author: David Grinlinton

Publisher: BRILL

ISBN: 900420105X

Category: Law

Page: 448

View: 918

This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.

Nature s Trust

Nature's Trust draws forth an ancient and enduring legal principle known as the public trust doctrine. ... so vital to public welfare and human survival that they should not fall exclusively to private property ownership and control.

Author: Mary Christina Wood

Publisher: Cambridge University Press

ISBN: 1107469244

Category: Law

Page: 496

View: 847

Environmental law has failed us all. As ecosystems collapse across the globe and the climate crisis intensifies, environmental agencies worldwide use their authority to permit the very harm that they are supposed to prevent. Growing numbers of citizens now realize they must act before it is too late. This book exposes what is wrong with environmental law and offers transformational change based on the public trust doctrine. An ancient and enduring principle, the trust doctrine asserts public property rights to crucial resources. Its core logic compels government, as trustee, to protect natural inheritance such as air and water for all humanity. Propelled by populist impulses and democratic imperatives, the public trust surfaces at epic times in history as a manifest human right. But until now it has lacked the precision necessary for citizens, government employees, legislators, and judges to fully safeguard the natural resources we rely on for survival and prosperity. The Nature's Trust approach empowers citizens worldwide to protect their inalienable ecological rights for generations to come.

Public and Private

Indeed , what distinguishes these larger forms of property is their public nature , in the way they are produced and ... the rule of law are the trappings of a defective society , a society characterised by unjust property relations .

Author: Maurizio Passerin d'Entrèves

Publisher: Psychology Press

ISBN: 9780415166843

Category: Political Science

Page: 201

View: 630

Adopting a multidisciplinary approach to the distinction between public and private, this lucidly written book covers an interesting and eclectic mix of topics such as citizenship, Rorty, Arendt and marriage.

John Locke and Agrarian Capitalism

Any violation of his natural right to property contravened the law of nature and was morally illicit . ... the lives and properties of men in political society were definitely subject to governmental control for the public good ...

Author: Neal Wood

Publisher: University of California Press

ISBN: 0520369335

Category: Political Science

Page: 182

View: 270

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1984.