Results for ' concepts in property law ‐ “private property” “ownership” and “thing” and normative or justificatory issues'

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  1.  12
    Property law.Jeremy Waldron - 1996 - In Dennis M. Patterson, A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 7–28.
    This chapter contains sections titled: Analytical Issues The Need for Justification Justificatory Theories References.
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  2. Burqas in Back Alleys: Street Art, hijab, and the Reterritorialization of Public Space.John A. Sweeney - 2011 - Continent 1 (4):253-278.
    continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...)
     
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  3. Property and the Private in a Sharia System.Brinkley Messick - 2003 - Social Research: An International Quarterly 70 (3):711-734.
    The case of highland Yemen up to around the middle of the twentieth century involves a history different from most Muslim societies in that, from 1919, the Yemeni state was independent. The problem I address concerns the utility of thinking about the highland property regime in this era in relation to the categories of "private" and "public." What sort of antecedents existed, at the level of property relations, for later commercial transformations that would culminate in such things as (...)
     
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  4.  29
    Interpretation in Legal Theory.Andrei Marmor (ed.) - 1990 - Hart Publishing.
    Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render (...)
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  5.  35
    The Concept and Some Essential Features of Estate Rights in Lithuania.Alfonsas Vaišvila - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):419-441.
    In the West, the Estate Rights originated in the eleventh century, whereas in Lithuania they started to evolve only after the Wallachian Land Reform in 1557. The then state conventional rules and manners were gradually transformed into registered Country – seat rights. In the present rather concise paper an attempt has been made to present a picture of the development of Country – seat rights as a relatively independent law system and define its concept. The author has attempted to prove (...)
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  6. Property and Disagreement, in Philosophical Foundations of Property Law.Stephen R. Munzer (ed.) - 2013 - Oxford: Oxford University Press.
    Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect (...)
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  7. 'Privacy, Private Property and Collective Property'.Annabelle Lever - 2012 - The Good Society 21 (1):47-60.
    This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled (...)
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  8. Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning.Stephen Waddams - 2003 - Cambridge University Press.
    Anglo-American private law has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much (...)
     
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  9.  42
    Descriptions of behavior and behavioral concepts in private law.Maksymilian T. Madelr - manuscript
    Every description contains within it a qualifier that allows us to avoid the problem of descriptive regress, and thus allows us to use the description for various purposes. Descriptive regress occurs because no one description can be understood without referring to further descriptions, which themselves require unpacking by reference to further descriptions ad infinitum. There are no fundamental descriptions no descriptions that attain and keep some privileged ontological status. The qualifier works by invoking the normal circumstances in which the description (...)
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  10. On The Right to Private Property and Entitlement to One’s Income.Andrei Marmor - 2004 - Canadian Journal of Law and Jurisprudence 18 (1).
    In this short essay I argue that the main insight of Murphy and Nagel’s book, The Myth of Ownership, that people have no right to their pre-tax income, is not supported by their claim that the right to private property is not a natural right. The non-naturalness of the right to private property, I argue, is irrelevant to their moral argument. The plausibility of their moral conclusion derives from the thesis that people have a right to the fruits (...)
     
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  11.  13
    Ownership and Justice: Volume 27, Part 1.Ellen Frankel Paul, Miller Jr & Jeffrey Paul (eds.) - 2010 - Cambridge University Press.
    The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The (...)
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  12.  50
    Remembering Beauty: Reflections on Kant and Cartier-Bresson for Aspiring Photographers.Stuart Richmond - 2004 - Journal of Aesthetic Education 38 (1):78.
    In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 78-88 [Access article in PDF] Remembering Beauty:Reflections on Kant and Cartier-Bresson for Aspiring Photographers Stuart Richmond In the past few decades beauty has become something of an endangered species in the Western art world. Indeed, beauty has never been a central aim of contemporary art, which has tended to focus on meaning and politics rather than formal values, conceptual art being a (...)
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  13.  40
    The Human Right to Private Property.Avihay Dorfman & Hanoch Dagan - 2017 - Theoretical Inquiries in Law 18 (2):391-416.
    For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy (...)
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  14.  61
    Public Health Ethics and a Status for Pets as Person-Things: Revisiting the Place of Animals in Urbanized Societies.Melanie Rock & Chris Degeling - 2013 - Journal of Bioethical Inquiry 10 (4):485-495.
    Within the field of medical ethics, discussions related to public health have mainly concentrated on issues that are closely tied to research and practice involving technologies and professional services, including vaccination, screening, and insurance coverage. Broader determinants of population health have received less attention, although this situation is rapidly changing. Against this backdrop, our specific contribution to the literature on ethics and law vis-à-vis promoting population health is to open up the ubiquitous presence of pets within cities and towns (...)
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  15.  23
    Is Copyright Property? -- The Debate in Jewish Law.David Nimmer & Neil W. Netanel - 2011 - Theoretical Inquiries in Law 12 (1):241-274.
    Is copyright a property right? Common law and civil law jurists have debated that issue for over three centuries. It remains at the heart of battles over copyright’s scope and duration today, even if its import lies principally in the rhetorical force of labeling a right as "property," not in any doctrinal consequence flowing directly from that label. In parallel to their common law and civil law counterparts, presentday rabbinic jurists engage in lively debate about whether Jewish law (...)
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  16. Two concepts of property: Ownership of things and property in activities.Hugh Breakey - 2011 - Philosophical Forum 42 (3):239-265.
    I argue there is a distinct and integrated property-concept applying directly, not to things, but to actions. This concept of Property in Activities describes a determinate ethico-political relation to a particular activity – a relation that may (but equally may not) subsequently effect a wide variety of relations to some thing. The relation with the activity is fixed and primary, and any ensuing relations with things are variable and derivative. Property in Activities illuminates many of the vexing (...)
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  17.  56
    The early modern “creation” of property and its enduring influence.Erik J. Olsen - 2022 - European Journal of Political Theory 21 (1).
    This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. However, in my redescription, these so-called “original acquisition stories” appear as methodological devices for an analytic reduction and resolution of property into (...)
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  18. Introduction: In Search of a Lost Liberalism.Demin Duan & Ryan Wines - 2010 - Ethical Perspectives 17 (3):365-370.
    The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...)
     
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  19.  26
    (1 other version)On the Three Major Characteristics of Ethical Thought in Traditional China.Chen Gujia - 1992 - Contemporary Chinese Thought 24 (2):3-38.
    The most pronounced and fundamental characteristic of Chinese ethical thought was the integration of ethical principles and the lineage relationships under the rule of the clan law , which brought about the formation of a clan-law system whose core components were the concepts of loyalty and filial obedience . All other characteristics of Chinese ethics in other areas stemmed from, or can be extrapolated from, this particular characteristic. The difference between China's traditional society and those of classical Greece or (...)
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  20.  75
    The Myth of Ownership: Taxes and Justice.Liam B. Murphy & Thomas Nagel - 2002 - Oxford University Press.
    In a capitalist economy, taxes are the most important instrument by which the political system puts into practice a conception of economic and distributive justice. Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice (...)
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  21.  48
    The Concept of Private Property and the Limits of the Environmental Imagination.John M. Meyer - 2009 - Political Theory 37 (1):99-127.
    An absolutist concept of property has the power to shape and constrain the public imagination. Libertarian theorists normatively embrace this concept. Yet its influence extends far beyond these proponents, shaping the views of an otherwise diverse array of theorists and activists. This limits the ability of environmentalists, among others, to respond coherently to challenges from property rights advocates in the U.S. I sketch an alternative concept--rooted in practice--that understands private property as necessarily embedded in social and ecological (...)
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  22.  14
    An Evolutionary Paradigm For International Law: Philosophical Method, David Hume And The Essence Of Sovereignty.John Martin Gillroy - 2013 - New York, NY, USA: Palgrave MacMillan.
    Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...)
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  23.  9
    Property, liberty, and self-ownership in seventeenth-century England.Lorenzo Sabbadini - 2020 - Chicago: McGill-Queen's University Press.
    The concept of self-ownership was first articulated in anglophone political thought in the decades between the outbreak of the English Civil War and the Glorious Revolution. This book traces the emergence and evolution of self-ownership over the course of this period, culminating in a reinterpretation of John Locke's celebrated but widely misunderstood idea that "every Man has a Property in his own Person." Often viewed through the prism of libertarian political thought, self-ownership has its roots in the neo-Roman or (...)
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  24.  20
    Rights and Resources—Libertarians and the Right to Life.James W. Harris - 2002 - Ratio Juris 15 (2):109-121.
    The author addresses Robert Nozick's claim that: “The particular rights over things fill the space of rights, leaving no room for general rights to be in a certain material condition.” Hence Nozick insists that rights are violated if citizens are compelled to contribute to others' welfare, however urgent their needs may be. The author argues that it is characteristic of libertarian theories that they invoke the moral sanctity of private property against welfarist or egalitarian conceptions of social justice. Nozick's (...)
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  25.  54
    Issues of Intellectual Property Law in the Jurisprudence of the Constitutional Court of the Republic of Lithuania.Vytautas Mizaras - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (3):1111-1130.
    This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to (...)
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  26. Religious Ethics and the Moral Foundations of Marital Property Rights: A Philosophical Analysis of Spousal Ownership and the Marriage Law.Jiaxu Wei - 2025 - European Journal for Philosophy of Religion 17 (2):210-226.
    The ethical and philosophical foundations of marital property rights have profound implications not only for legal structures but also for religious and moral frameworks governing marriage and family life. In many religious traditions, the joint property of spouses is not merely a legal matter but is deeply intertwined with theological understandings of marital unity, stewardship, and moral responsibility. This study examines the ethical logic underpinning the right to dispose of joint marital property in the context of the (...)
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  27.  32
    Institutions of law: an essay in legal theory.Neil MacCormick - 2007 - New York: Oxford University Press.
    On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society (...)
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  28. Det vi eide førfast eiendom. Hugo Grotius og suum (What We Own Before Property: Hugo Grotius and the suum).Alejandra Mancilla - 2013 - Arr, Idéhistorisk Tiddskrift 3:3-14.
    At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition (...)
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  29.  35
    Community and Property -- For Those Who Have Neither.Jeremy Waldron - 2009 - Theoretical Inquiries in Law 10 (1):161-192.
    Both community and property are, each in its own way, exclusionary concepts. Property — certainly private property — is defined in large part by a right of exclusion. And although "community" sounds like a warm, inclusive word, real-world communities often define themselves by reference to an array of excluded "others" and erect fences and patrol borders to keep these others out. Enthusiasm for these exclusions is made to seem legitimate by the thought that those excluded from (...)
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  30.  54
    Human-tissue-related inventions: ownership and intellectual property rights in international collaborative research in developing countries.P. A. Andanda - 2008 - Journal of Medical Ethics 34 (3):171-179.
    There are complex unresolved ethical, legal and social issues related to the use of human tissues obtained in the course of research or diagnostic procedures and retained for further use in research. The question of intellectual property rights over commercially viable products or procedures that are derived from these samples and the suitability or otherwise of participants relinquishing their rights to the samples needs urgent attention. The complexity of these matters lies in the fact that the relationship between (...)
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  31.  11
    (1 other version)Protecting Intellectual Property Rights in Civil Legislation: A Comparative Study Between French Civil Law and Iraqi Civil Law.Fatima Abdul Rahim Ali Al-Musallamawi & Mona Muhammad Kazem Abbas Al-Dulaimi - forthcoming - Evolutionary Studies in Imaginative Culture:156-176.
    This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media (...)
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  32. The Concept of Property in John Locke's Epistemology and Politics.Matthew R. Silliman - 1986 - Dissertation, Purdue University
    Recent scholarship has gone a long way toward placing Locke in his intellectual and historical context, and thus in coming to see the respect in which his work has a previously unacknowledged conceptual unity. There remains, however, some difficulty in reconciling the style, purpose and content of his two major works. The Essay Concerning Human Understanding is usually read as primarily concerned with issues in epistemology and philosophy of science, while the Two Treatises of Government is regarded as less (...)
     
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  33.  27
    Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus.J. Landtsheeder - 2004 - Journal of the History of Philosophy 42 (1):100-101.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.1 (2004) 100-101 [Access article in PDF] Kathy Eden. Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus. New Haven, CT: Yale University Press, 2001. Pp. ix + 194. Cloth, $35.00. When Erasmus returned from England to the continent in 1500 almost all his money was confiscated before he embarked, although his patron, Lord Mountjoy, had assured (...)
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  34.  28
    Property as an Asset of Resilience: Rethinking Ownership, Communities and Exclusion Through the Register of Resilience.Lorna Fox O’Mahony & Marc L. Roark - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (4):1477-1507.
    This article sets out a new conception of ‘property as an asset of resilience’. Building on Fineman’s emphasis on ‘webs’ of resilience, and applying insights from Actor-Network Theory and Resilient Property Theory, we examine how the rhetorical claims asserted by owners and non-owners, individually and collectively, and the ways that law recognizes and endorses those claims, affect the production of property-as-resilience. Applying Fineman’s framework, we argue that the ‘embodiment’ and ‘embeddedness’ of human vulnerability is revealed by the (...)
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  35. On norms of competence.Eugenio Bulygin - 1992 - Law and Philosophy 11 (3):201 - 216.
    Norms conferring public or private powers, i.e., the competence to issue other norms, play a very important rôle in law. But there is no agreement among legal philosophers about the nature of such norms. There are two main groups of theories, those that regard them as a kind of norms of conduct (either commands or permissions) and those that regard them as non-reducible to other types of norms. I try to show that reductionist theories are not quite acceptable; neither the (...)
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  36. The Right to Private Property.Jeremy Waldron - 1990 - Oxford, GB: Clarendon Press.
    Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to (...)
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  37. The Concept of Property in Kant, Fichte, and Hegel: Freedom, Right, and Recognition.Jacob Blumenfeld - 2023 - New York: Routledge Studies in Nineteenth-Century Philosophy.
    This book provides a detailed account of the role of property in German Idealism. It puts the concept of property in the center of the philosophical systems of Kant, Fichte, and Hegel and shows how property remains tied to their conceptions of freedom, right, and recognition. The book begins with a critical genealogy of the concept of property in modern legal philosophy, followed by a reconstruction of the theory of property in Kant's Doctrine of Right, (...)
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  38.  71
    The Power to Bequeath.Robert Lamb - 2014 - Law and Philosophy 33 (5):629-654.
    What should happen to a property holding after the death of its owner? One conventional answer to this question is that the owner can legitimately designate the beneficiary of a posthumous transfer through a written will. Yet this aspect of property ownership has received little in the way of philosophical attention or moral justification. Philosophers tend either to accept bequest as a conventional feature of property ownership or reject its legitimacy on egalitarian grounds. Dissatisfied by both approaches, (...)
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  39. Taxation and distributive justice.Colin Farrelly - manuscript
    Distributive justice concerns the fair distribution of the benefits and burdens of social cooperation. Opposition to higher rates of taxation, or even existing levels of taxation, are often made on grounds that such taxes are unfair burdens. This fairness argument can be given a number of further, more specific, formulations. Libertarians like Robert Nozick, for example, argue that taxation of income is unfair because it violates individual rights. Libertarians invoke an entitlement argument which presumes that the appropriate baseline of (...) rights is pretax income. Others take issue with specific policies that are supported by taxation, such as welfare provisions, and argue that welfare reform is necessary as tax burdens are only legitimate when they satisfy some form of reciprocity thesis. In this review article I critically assess these arguments. The recent publication of The Cost of Rights: Why Liberty Depends on Taxes, The Myth of Ownership: Taxes and Justice, and The Civic Minimum: On the Rights and Obligations of Economic Citizenship help shed some light on each of these different arguments that are often invoked in defence of tax cuts. These three books are a welcome addition to debates about distributive justice as they help bridge the gap between normative theory and public policy. In addition to raising doubts about the arguments that taxation is unfair, I examine themes that raise important questions about taxation and justice- private property, welfare reform and inheritance. An examination of these themes should make it clear that the real challenge facing justice-theorists is to take scarcity seriously and thus I emphasis the shortcomings of simply endorsing a ‘cost-blind’ rights-oriented conception of justice. Such a conception of justice currently dominates debates in normative political theory. (shrink)
     
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  40. Taxation, the private law, and distributive justice.Kevin A. Kordana & David H. Tabachnick - 2006 - Social Philosophy and Policy 23 (2):142-165.
    We argue that for theorists with a post-institutional conception of property, e.g., Rawlsians, there is no principled reason to limit the domain of distributive justice to tax and transfer-both tax policy and the rules of the private law are constructed in service to distributive aims. Such theorists cannot maintain a commitment to a normative conception of private law independent of their overarching distributive principles. In contrast, theorists with a pre-institutional conception of property can derive the private law (...)
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  41.  56
    Ethical issues relating the the banking of umbilical cord blood in Mexico.V. Moises Serrano-Delgado, Barbara Novello-Garza & Edith Valdez-Martinez - 2009 - BMC Medical Ethics 10 (1):12-.
    BackgroundUmbilical cord banks are a central component, as umbilical cord tissue providers, in both medical treatment and scientific research with stem cells. But, whereas the creation of umbilical cord banks is seen as successful practice, it is perceived as a risky style of play by others. This article examines and discusses the ethical, medical and legal considerations that arise from the operation of umbilical cord banks in Mexico.DiscussionA number of experts have stated that the use of umbilical cord goes beyond (...)
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  42.  24
    Property and Sovereignty Imbricated: Why Religion Is Not an Excuse to Discriminate in Public Accommodations.Joseph William Singer - 2017 - Theoretical Inquiries in Law 18 (2):519-546.
    May a hotel owner that objects to same-sex marriage on religious grounds refuse to host a same-sex wedding in its ballroom or deny the couple the right to book the honeymoon suite? Do public accommodation laws oppress religious dissidents by forcing them to act contrary to their religious beliefs or does discriminatory exclusion threaten equal access to the market economy and deny equal citizenship to LGBTQ persons? Answering these questions requires explaining why one property claim should prevail over another (...)
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  43. Kant’s (Rational) Conceptualization of Property Rights and Comparison in Private Law Theory and Civil Law Doctrine.Tomislav Nedić - 2024 - Filozofska Istrazivanja 44 (2):249-273.
    Kant’s (rational) understanding of possession and property rights is conceptually and ideally placed in a comparative relation to private law theory, civil law doctrine, and positive legislation. Property law in the objective sense as “a set of all the laws concerning real”, external “mine and yours” is enforceable exclusively in the civil state where the final acquisition of property rights occurs, the a priori of which is reflected in possession. According to Kant, control over things in possession (...)
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  44. Property Rights: Volume 11, Part 2.Ellen Frankel Paul, Miller Jr & Jeffrey Paul (eds.) - 1994 - Cambridge University Press.
    Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations (...)
     
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  45. Property, Legitimacy, Ideology: A Reality Check.Enzo Rossi & Carlo Argenton - forthcoming - Journal of Politics.
    Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defence of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion (...)
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  46.  9
    Economics, Wisdom and the Teaching of the Bishops in the Theology of Thomas Aquinas.Kevin A. McMahon - 1989 - The Thomist 53 (1):91-106.
    In lieu of an abstract, here is a brief excerpt of the content:EOONOMICS, WISDOM AND THE TEACHING OF THE BISHOPS IN THE THEOLOGY OF THOMAS AQUINAS* KEVIN A. McMAHON St. Anselm OoZZege Manchester, New Hampshire WHEN IN 1985 the American bishops came out with the first drait of thcir pastoiral letter on the economy, and ithen a year Later when they ~ssued the final text,1 they drew fire from groups both within and outside the Church. Much of the criticism, on (...)
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  47.  14
    New Technology, Big Data and the Law.Marcelo Corrales Compagnucci, Mark Fenwick & Nikolaus Forgó (eds.) - 2017 - Singapore: Imprint: Springer.
    This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and - at times - substitute for, human work, such as automation, robots, sensors, (...)
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  48. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - Lublin: Towarzystwo Naukowe KUL.
    PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...)
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    Open Sourcing Normative Assumptions on Privacy and Other Moral Values in Blockchain Applications.Georgy Ishmaev - 2019 - Dissertation, Delft University of Technology
    The moral significance of blockchain technologies is a highly debated and polarised topic, ranging from accusations that cryptocurrencies are tools serving only nefarious purposes such as cybercrime and money laundering, to the assessment of blockchain technology as an enabler for revolutionary positive social transformations of all kinds. Such technological determinism, however, hardly provides insights of sufficient depth on the moral significance of blockchain technology. This thesis argues rather, that very much like the cryptographic tools before them, blockchains develop in a (...)
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  50. Do Kant’s Principles Justify Property or Usufruct?Kenneth Westphal - 1997 - Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 5:141-194.
    Kant’s justification of possession appears to beg the question (petitio principii) by assuming rather than proving the legitimacy of possession. The apparent question-begging in Kant’s argument has been recapitulated or exacerbated but not resolved in the secondary literature. A detailed terminological, textual, and logical analysis of Kant’s argument reveals that he provides a sound justification of limited rights to possess and use things (qualified choses in possession), not of private property rights. Kant’s argument is not purely a priori; it (...)
     
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