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Author: Rachael Walsh
Publisher: Cambridge University Press
ISBN: 110842693X
Category : Law
Languages : en
Pages : 321
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Book Description
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author: Rachael Walsh
Publisher: Cambridge University Press
ISBN: 110842693X
Category : Law
Languages : en
Pages : 321
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Book Description
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author: Billy Christmas
Publisher: Routledge
ISBN: 1000370070
Category : Philosophy
Languages : en
Pages : 250
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Book Description
This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.
Author: Rachael Walsh
Publisher: Cambridge University Press
ISBN: 1108606431
Category : Law
Languages : en
Pages : 321
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Book Description
Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
Author: Anne Flanagan
Publisher: Edward Elgar Publishing
ISBN: 1849806705
Category : Law
Languages : en
Pages : 233
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Book Description
Professors Flanagan and Montagnani have assembled a volume of essays recognizing that in a global information age, intellectual property is not merely a business asset, but a social phenomenon. The contributors marry consideration of fairness with exploration of efficiency, examination of economics with analysis of equity, drawing upon expertise and examples from both European and American law. The resulting collection will be an invaluable resource on both sides of the Atlantic, and around the globe. Dan L. Burk, University of California, Irvine, School of Law, US Intellectual Property Law examines emerging intellectual property (IP) issues through the bifocal lens of both economic analysis and individual or social justice theories. This study considers restraints on IP rights both internal and external to IP law and explores rights disequilibria from the perspective of both the rationale of IP law and the interface with competition law. The expert contributors discuss the phenomenon in various contexts of patent, trade secret; and copyright, each a tool to incentivize the growth of knowledge beyond innovation and creativity. This timely book will strongly appeal to academics, scholars, and postgraduate and PhD students interested in where and how the balance to intellectual property law is, should or could be set. Policymakers will also find this insightful resource invaluable.
Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1108418546
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author: Joseph Keim Campbell
Publisher: Topics in Contemporary Philoso
ISBN:
Category : Law
Languages : en
Pages : 376
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Book Description
Leading scholars consider a variety of philosophical issues in law and social justice, from foundational concepts to specific legal problems.
Author: James A. Caporaso
Publisher: Cambridge University Press
ISBN: 9780521425780
Category : Business & Economics
Languages : en
Pages : 258
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Book Description
This exploration of some of the more important frameworks used for understanding the relationship between politics and economics includes the classical, Marxian, Keynesian, neoclassical, state-centered, power-centered, and justice-centered.
Author: David Bilchitz
Publisher: Cambridge University Press
ISBN: 1108841945
Category : Business & Economics
Languages : en
Pages : 523
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Book Description
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Martin O'Neill
Publisher: John Wiley & Sons
ISBN: 1444355171
Category : Philosophy
Languages : en
Pages : 338
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Book Description
Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy. Offers new and essential insights into Rawls's idea of "property-owning democracy" Addresses the proposed political and economic institutions and policies which Rawls's theory would require Considers radical alternatives to existing forms of capitalism Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future
