The Right to Private Property

Presenting a comprehensive, critical examination of the claim that private property is one of the fundamental rights of humankind, Waldron here contrasts two types of arguments about rights: those based on historical entitlement, and those ...

The Right to Private Property

Presenting a comprehensive, critical examination of the claim that private property is one of the fundamental rights of humankind, Waldron here contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property for freedom. He illustrates this contrast with a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Rights, and offers original analyses of the concept of ownership, the idea of rights, and the relation between property and equality, finding that traditional arguments about property yield some surprisingly radical conclusions.

Private Property and Environmental Responsibility

This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems.

Private Property and Environmental Responsibility

This remarkable new book is not a radical text, but seeks to find a principle of responsible proprietorship in our existing legal systems. And in fact it presents an excellent case for the international recognition of a principle of responsible proprietorship in the title registration systems derived from the German model, rooted in the historical Hanseatic model; primarily the Australian Torrens system that spread throughout the British Empire from the mid-nineteenth century on. In great detail, the author demonstrates that this system offers a firm foundation on which a truly responsible environmental law of property can be established.

Privacy and Property

Privacy and Property


The Economics and Ethics of Private Property

The collapse of socialism across Eastern Europe - as manifested most dramatically by the events of the forever memorable November 9, 1989, when the Germans of East and West reunited, moved and overjoyed, on top of the Berlin Wall - has ...

The Economics and Ethics of Private Property

The collapse of socialism across Eastern Europe - as manifested most dramatically by the events of the forever memorable November 9, 1989, when the Germans of East and West reunited, moved and overjoyed, on top of the Berlin Wall - has added more support and urgency to the central thesis of this volume than I had ever hoped for. Whether the following studies deal with economic topics, such as employment, interest, money, banking, business cycles, taxes, public goods, or growth; with philosophical problems as the foundations of know ledge, and of economics and ethics in particular; or the reconstruction and theoretical explanation of historical and sociological phenomena such as exploitation, the rise and fall of civilizations, international politics, war, imperialism, and the role of ideas and ideological movements in the course of social evolution - each ultimately contributes to but one conclusion: The right to private property is an indisputably valid, absolute principle of ethics and the basis for continuous 'optimal' economic progress. To rise from the ruins of socialism and overcome the stagnation of the Western welfare states, nothing will suffice but the uncompromizing privatization of all socialized, that is, government, property and the establishment of a contractual society based on the recognition of the absoluteness of private property rights. *** In writing the following studies I received help from many sides. Special thanks go to my wife Margaret, who again took on the task of de Germanizing my English; to Llewellyn H.

Takings

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones.

Takings

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.

Law of Property Rights Protection 3rd Edition

Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power ...

Law of Property Rights Protection  3rd Edition

Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Third Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Note: Online subscriptions are for three-month periods. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition, ISBN 9781543802368

Private Property

Private Property


Supreme Neglect

Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

Supreme Neglect

As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

Private Property in the 21st Century

Government also reserves the right to enter onto property ( to violate the right to control access ) to carry out necessary social functions . However , even given these reservations , private property ownership has long been thought of ...

Private Property in the 21st Century

The ownership and control of privately owned lands is critical for many fields. Scholars, students and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture should find this volume useful.

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 ...

The Public Nature of Private Property

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.

Right to Private Property Incorrect ISBN Refer

The text explores the concept of ownership, and the relation between property and equality.

Right to Private Property   Incorrect ISBN Refer

This critical examination of the rights of private property contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. The text explores the concept of ownership, and the relation between property and equality.