Property Rights

Philosophic Foundations

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Author: Lawrence C. Becker

Publisher: Routledge

ISBN: 9780710086792

Category: Right of property

Page: 135

View: 5178

The Philosophical Foundations of Environmental Law

Property, Rights and Nature

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Author: Sean Coyle,Karen Morrow

Publisher: Hart Publishing

ISBN: 1841133590

Category: Law

Page: 228

View: 9803

Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.

Philosophical Foundations of Property Law

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Author: James Penner,Henry Smith

Publisher: Oxford University Press

ISBN: 0199673586

Category: Law

Page: 369

View: 7419

This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

Property Rights (Routledge Revivals)

Philosophic Foundations

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Author: Lawrence C. Becker

Publisher: Routledge

ISBN: 1317703308

Category: Philosophy

Page: 136

View: 8490

Property Rights: Philosophic Foundations, first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that justice in distribution must take precedence over private ownership. Lawrence Becker goes on to contend that there are four sound lines of argument for private property that, together with what is sound in the anti-property arguments, must be co-ordinated to form the foundations of a new theory. He therefore expounds a concise but sophisticated theory of property that is relevant to the modern world, and concludes by indicating some of the implications of his theory.

Property Rights in Blood, Genes and Data

Naturally Yours?

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Author: Jasper A. Bovenberg

Publisher: Martinus Nijhoff Publishers

ISBN: 9004150536

Category: Law

Page: 213

View: 3540

Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, "Jasper Bovenberg" provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia.

Philosophical Foundations of Human Rights

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Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo

Publisher: Oxford University Press

ISBN: 019968863X

Category: Law

Page: 650

View: 1087

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Philosophical Foundations of the Law of Torts

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Author: John Oberdiek

Publisher: Oxford University Press

ISBN: 0198701381

Category: Law

Page: 447

View: 5802

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Punishment, Property and Justice

Philosophical Foundations of the Death Penalty and Welfare Controversies

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Author: Corey Lang Brettschneider

Publisher: Ashgate Pub Limited

ISBN: 9780754620648

Category: Law

Page: 156

View: 6502

12. Furman vs. Georgia

Philosophical Foundations of Tax Law

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Author: Monica Bhandari

Publisher: Oxford University Press

ISBN: 0198798431

Category:

Page: 320

View: 6805

Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.

On the Idea of Owning Ideas

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Author: Roland Spitzlinger

Publisher: Roland Spitzlinger

ISBN: 3639228014

Category: Intellectual property

Page: 116

View: 1985

The recent proliferation of intellectual property has caused much public disagreement over the nature and legitimacy of owning immaterial goods. How is it that we believe in ownership of intangible, abstract goods like music, software and design, and even colors and smells? Who came up with the idea of legally owning ideas, and which rationales are behind it? The author, Roland Spitzlinger, investigates the philosophical foundation and legitimacy of intellectual property rights. He takes the reader back to the historical roots of patents in the sixth century B.C.E. and asks if traditional property regimes can really be extended to non-material goods. What can we learn from arguments proposed by John Locke, G.W.F. Hegel and Jean-Jacques Rousseau and how could their thoughts help to better understand the ongoing dispute between supporters and critics of patent and copyright law today? This book is aimed at those interested in the philosophical discussion of intellectual property rights, a concept that has entered all aspects of modern life and which is likely to cause ever growing social and political disturbance in the years to come.

Intellectual Property and Information Control

Philosophic Foundations and Contemporary Issues

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Author: Adam Moore

Publisher: Routledge

ISBN: 1351512137

Category: Law

Page: 252

View: 3545

Computer technology and the proliferation of digital networks have radically altered how ideas and information are gathered and manipulated and generated new conflicts between public use and private rights. These conflicts raise serious problems: Are abstract ideas and information proper subjects of ownership? What role should privacy rights play? How does the violation of intellectual property rights compare morally to the violation of physical property rights? Now available in paperback, Intellectual Property and Information Control provides answers and strategies for dealing with these and other questions while mounting a philosophical defense of rights to intellectual and intangible property.As the book shows, a policy that allows too much access may stymie innovation and cause individuals to isolate themselves. At the other extreme, huge, multinational corporations may hold as intangible property vast amounts of knowledge, including sensitive personal information. Through discussions of patent law, fair use, and practical problems such as privacy in the workplace, Moore demonstrates that intellectual and intangible property rights exist along with privacy rights. The latter will sometimes constrain what can be done with the former.

Property Theory

Legal and Political Perspectives

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Author: James Penner,Michael Otsuka

Publisher: Cambridge University Press

ISBN: 1108526292

Category: Law

Page: N.A

View: 8232

Property, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.

Property and Justice

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Author: J. W. Harris

Publisher: OUP Oxford

ISBN: 0191024457

Category: Law

Page: 416

View: 8667

When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.

Foundations of Natural Right

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Author: Johann Gottlieb Fichte,Frederick Neuhouser,Michael Baur

Publisher: Cambridge University Press

ISBN: 9780521575911

Category: Philosophy

Page: 338

View: 4554

A complete translation into English of Fichte's most important work of political philosophy.

Governing Animals

Animal Welfare and the Liberal State

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Author: Kimberly K. Smith

Publisher: Oxford University Press

ISBN: 0199977178

Category: Law

Page: 240

View: 2503

What is the role of government in protecting animal welfare? What principles should policy makers draw on as they try to balance animal welfare against human liberty? Much has been written in recent years on our moral duties towards animals, but scholars and activists alike have neglected the important question of how far the state may go to enforce those duties. Kimberly K. Smith fills that gap by exploring how liberal political principles apply to animal welfare policy. Focusing on animal welfare in the United States, Governing Animals begins with an account of the historical relationship between animals and the development of the American liberal welfare state. It then turns to the central theoretical argument: Some animals (most prominently pets and livestock) may be considered members of the liberal social contract. That conclusion justifies limited state intervention to defend their welfare - even when such intervention may harm human citizens. Taking the analysis further, the study examines whether citizens may enjoy property rights in animals, what those rights entail, how animals may be represented in our political and legal institutions, and what strategies for reform are most compatible with liberal principles. The book takes up several policy issues along the way, from public funding of animal rescue operations to the ethics of livestock production, animal sacrifice, and animal fighting. Beyond even these specific policy questions, this book asks what sort of liberalism is suitable for the challenges of the twenty-first century. Smith argues that investigating the political morality of our treatment of animals gives us insight into how to design practices and institutions that protect the most vulnerable members of our society, thus making of our shared world a more fitting home for both humans and the nonhumans to which we are so deeply connected.

Research Handbook on Human Rights and Intellectual Property

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Author: Christophe Geiger

Publisher: Edward Elgar Publishing

ISBN: 1783472421

Category: Law

Page: 752

View: 6929

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

Encyclopedia of Democratic Thought

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Author: Paul Barry Clarke,Joe Foweraker

Publisher: Routledge

ISBN: 1136908633

Category: Political Science

Page: 768

View: 4464

Containing almost 200 entries from 'accountability' to the 'Westminster model' the Encyclopedia of Democratic Thought explores all the ideas that matter to democracy past, present and future. It is destined to become the first port-of-call for all students, teachers and researchers of political science interested in democratic ideas, democratic practice, and the quality of democratic governance. The Encyclopedia provides extensive coverage of all the key concepts of democratic thought written by a stellar team of distinguished international contributors. The Encyclopedia draws on every tradition of democratic thought, as well as developing new thinking, in order to provide full coverage of the key democratic concepts and engage with their practical implications for the conduct of democratic politics in the world today. In this way, it brings every kind of democratic thinking to bear on the challenges facing contemporary democracies and on the possibilities of the democratic future. The Encyclopedia is global in scope and responds in detail to the democratic revolution of recent decades. Referring both to the established democratic states of Western Europe, North America and Australasia, and to the recent democracies of Latin America, Eastern and Central Europe, Africa and Asia, classical democratic concerns are related to new democracies, and to important changes in the older democracies. Supplemented by full bibliographical information, extensive cross-referencing and suggestions for further reading, the Encyclopedia of Democratic Thought is a unique work of reference combining the expertise of many of the world's leading political scientists, political sociologists and political philosophers. It will be welcomed as an essential resource for both teaching and for independent study, and as a solid starting point both for further research and wider exploration.

Philosophical Foundations of Fiduciary Law

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Author: Andrew S. Gold,Paul B. Miller

Publisher: OUP Oxford

ISBN: 0191005290

Category: Law

Page: 450

View: 4196

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.