Author: Professor Michael Diamond
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497682
Category : Law
Languages : en
Pages : 275
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Book Description
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.
Author: Michael Diamond
Publisher: Routledge
ISBN: 1317018559
Category : Law
Languages : en
Pages : 274
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Book Description
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.
Author: Eric T. Freyfogle
Publisher: Island Press
ISBN: 9781610912402
Category : Law
Languages : en
Pages : 346
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Book Description
Is private ownership an inviolate right that individuals can wield as they see fit? Or is it better understood in more collective terms, as an institution that communities reshape over time to promote evolving goals? What should it mean to be a private landowner in an age of sprawling growth and declining biological diversity? These provocative questions lie at the heart of this perceptive and wide-ranging new book by legal scholar and conservationist Eric Freyfogle. Bringing together insights from history, law, philosophy, and ecology, Freyfogle undertakes a fascinating inquiry into the ownership of nature, leading us behind publicized and contentious disputes over open-space regulation, wetlands protection, and wildlife habitat to reveal the foundations of and changing ideas about private ownership in America. Drawing upon ideas from Thomas Jefferson, Henry George, and Aldo Leopold and interweaving engaging accounts of actual disputes over land-use issues, Freyfogle develops a powerful vision of what private ownership in America could mean—an ownership system, fair to owners and taxpayers alike, that fosters healthy land and healthy economies.
Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
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Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: James Penner
Publisher: Cambridge University Press
ISBN: 110842242X
Category : Law
Languages : en
Pages : 253
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Book Description
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Author: Anneke Smit
Publisher: UBC Press
ISBN: 0774829346
Category : Social Science
Languages : en
Pages : 335
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Book Description
At a time when pollution, urban sprawl, and condo booms are leading municipal governments to adopt prescriptive laws and regulations, this book lays the groundwork for a more informed debate between those trying to preserve private property rights and those trying to assert public interests. Rather than asking whether community interests should prevail over the rights of private property owners, Public Interest, Private Property delves into the heart of the argument to ask key questions. Under what conditions should public interests take precedence? And when they do, in what manner should they be limited? Drawing on case studies from across Canada, the contributors examine the tensions surrounding expropriation, smart growth, tree bylaws, green development, and municipal water provision. They also explore frustrations arising from the perceived loss of procedural rights in urban-planning decision making, the absence of a clear definition of “public interest,” and the ambiguity surrounding the controls property owners have within a public-planning system.
Author: Terry L. Anderson
Publisher: Princeton University Press
ISBN: 0691190364
Category : Law
Languages : en
Pages : 409
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Book Description
The institution of property is as old as mankind, and property rights are today deemed vital to a prosperous economic system. Much has been written in the last decade on the economics of the legal institutions protecting such rights. This unprecedented book provides a magnificent introduction to the subject. Terry Anderson and Fred McChesney have gathered twelve leading thinkers to explore how property rights arise, and how they bolster economic development. As the subtitle indicates, the book examines as well how controversies over valuable property rights are resolved: by agreement, by violence, or by law. The essays begin by surveying the approaches to property taken by early political economists and move to colorful applications of property rights theory concerning the Wild West, the Amazon, endangered species, and the broadcast spectrum. These examples illustrate the process of defining and defending property rights, and demonstrate what difference property rights make. The book then considers a number of topics raised by private property rights, analytically complex topics concerning pollution externalities, government taking of property, and land use management policies such as zoning. Overall, the book is intended as an introduction to the economics and law of property rights. It is divided into six parts, with each featuring an introduction by the editors that integrates prior chapters and material in coming chapters. In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. With chapters written by noted experts on the subject, Property Rights offers the first primer on the subject ever produced. In addition to the editors, the contributors are Louise De Alessi, Yoram Barzel, Harold Demsetz, Thráinn Eggertsson, Richard A. Epstein, William A. Fischel, David D. Haddock, Peter J. Hill, Gary D. Libecap, Dean Lueck, Edwin G. West, and Bruce Yandle.
Author: Andrew Christian Isenberg
Publisher: Oxford University Press, USA
ISBN: 0195324900
Category : History
Languages : en
Pages : 801
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Book Description
The Oxford Handbook of Environmental History draws on a wealth of new scholarship to offer diverse perspectives on the state of the field.
Author: Hans-Hermann Hoppe
Publisher: Ludwig von Mises Institute
ISBN: 1610164687
Category :
Languages : en
Pages : 446
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Book Description
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674063058
Category : Law
Languages : en
Pages : 247
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Book Description
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
