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. 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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  3. 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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  4. 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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  5. 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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  6.  34
    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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  7.  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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  8. 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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  9. '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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  10.  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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  11.  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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  12.  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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  13.  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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  14. 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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  15.  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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  16. 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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  17.  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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  18.  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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  19.  73
    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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  20.  12
    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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  21.  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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  22.  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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  23. 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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  24.  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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  25.  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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  26.  7
    (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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  27.  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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  28.  13
    Friends Hold All Things in Common: Tradition, Intellectual Property, and the Adages of Erasmus.Jeanine De Landtsheer - 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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  29. 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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  30.  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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  31.  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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  32. 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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  33. 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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  34.  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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  35. 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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  36.  48
    Private Ownership and Common Goods.Ronald Sandler - 2005 - Philosophy in the Contemporary World 12 (2):1-2.
    Balancing, integrating, or otherwise sorting out private ownership, control, and property rights, on the one hand, with social, common, and shared goods or rights, on the other, is manifest in socio-ethical issues ranging from eminent domain to gay marriage and from endangered species protection to social security. In fact, when one surveys the contemporary socio-ethical landscape with this problem in mind, there appears hardly an issue that it does not touch; and it is frequently the central or underlying (...)
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  37.  19
    When Worlds Collide in Legal Discourse. The Accommodation of Indigenous Australians’ Concepts of Land Rights Into Australian Law.Thomas Christiansen - 2020 - Studies in Logic, Grammar and Rhetoric 65 (1):21-41.
    The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, (...)
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  38. (1 other version)Persons or Property – Freedom and the Legal Status of Animals.Andreas T. Schmidt - 2017 - Journal of Moral Philosophy 15 (1):20-45.
    _ Source: _Page Count 26 Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican freedom are not plausible political values for animals, liberal ‘option-freedom’ is. However, because such option-freedom is in principle compatible with different legal statuses, animal freedom does not conceptually imply (...)
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  39.  40
    Legal self-help on private property in classical Athens.Matthew R. Christ - 1998 - American Journal of Philology 119 (4):521-546.
    In lieu of an abstract, here is a brief excerpt of the content:Legal Self–Help on Private Property in Classical AthensMatthew R. ChristA remarkable feature of litigation in classical Athens was the high degree of responsibility private citizens bore for initiating, conducting, and executing the judgments of legal actions.1 In the absence of a public prosecutor or an active police force, Athenians engaged in a level of legal self–help that would shock most modern Westerners. While Athenians strongly preferred private to (...)
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  40.  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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  41. 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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  42.  37
    Philosophy and History, Customs and Ethics.Hui-Chieh Loy - 2023 - Philosophy East and West 73 (2):420-428.
    In lieu of an abstract, here is a brief excerpt of the content:Philosophy and History, Customs and EthicsHui-Chieh Loy (bio)Origins of Moral-Political Philosophy in Early China: Contestation of Humaneness, Justice, and Personal Freedom. By Tao Jiang. New York: Oxford University Press, 2021.Tao Jiang's Origins of Moral-Political Philosophy in Early China is a serious tour de force of a study. In many ways, I am reminded of Angus Graham's Disputers of the Tao and Benjamin Schwartz' The World of Thought in Ancient (...)
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  43. 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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  44.  52
    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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  45. A New Negentropic Subject: Reviewing Michel Serres' Biogea.A. Staley Groves - 2012 - Continent 2 (2):155-158.
    continent. 2.2 (2012): 155–158 Michel Serres. Biogea . Trans. Randolph Burks. Minneapolis: Univocal Publishing. 2012. 200 pp. | ISBN 9781937561086 | $22.95 Conveying to potential readers the significance of a book puts me at risk of glad handing. It’s not in my interest to laud the undeserving, especially on the pages of this journal. This is not a sales pitch, but rather an affirmation of a necessary work on very troubled terms: human, earth, nature, and the problematic world we made. (...)
     
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  46.  62
    The Debauched Commons: A Dark Parable.Gavin Keeney & David S. Jones - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (5):2115-2132.
    ‘The Debauched Commons: A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and (...)
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  47.  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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  48. 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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  49.  24
    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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    Private Censorship.J. P. Messina - 2023 - Oxford University Press.
    Concerns about censorship have once again reached a fever pitch across the liberal West. In other historical periods, such concerns may have marked reactions to book bans and burnings. Often, they followed prosecutions and subsequent jailtime for things spoken or written. During the Red Scare, they were the hushed response to chilling state-sponsored watch-lists and employer-supported blacklists designed to ensure victory against communism. Against this history, complaints about the new censorship appear differently. With respect to the new censorship, there are (...)
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