Property Rights in Contemporary Governance

Property Rights in Contemporary Governance

Author: Staci M. Zavattaro

Publisher: SUNY Press

Published: 2019-02-01

Total Pages: 230

ISBN-13: 1438472897

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Examines how our diverse understandings of property impact real-world governing strategies. Property is a concept that is seemingly simple to understand yet continually evolving in the face of cultural change and technological advance. Property Rights in Contemporary Governance examines the many meanings of property, how they have changed over time, and the roles they play in policy, society, and law. With its deeply interdisciplinary approach, the book offers perspectives from economics, environmental studies, history, law, philosophy, public administration, and public policy. The contributors discuss such topics as the origin of the corporation, the role of the takings law, the development of legal protections for financial instruments in nineteenth-century France, the impact of climate change, the shifts in philosophical conceptions of property required by advances in intellectual property rights, and the influence of new technologies, including drones. This is a comprehensive and thoughtful exploration of how our diverse understandings of property impact real-world governing strategies. “This book is unique in the field of property theory. First, its essays are rooted in the perspectives of many different fields. Second, the areas that it covers and the vast majority of its content are highly original. While the idea that property and governance are intimately connected is not original, the contributions that the book makes to that idea definitely are. It was fascinating and very useful reading.” — Laura S. Underkuffler, author of The Idea of Property: Its Meaning and Power


Convergence and Persistence in Corporate Governance

Convergence and Persistence in Corporate Governance

Author: Jeffrey N. Gordon

Publisher: Cambridge University Press

Published: 2004-04-08

Total Pages: 396

ISBN-13: 9780521536011

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Corporate governance is on the reform agenda all over the world. How will global economic integration affect the different systems of corporate ownership and governance? Is the Anglo-American model of shareholder capitalism destined to become the template for a converging global corporate governance standard or will the differences persist? This reader contains classic work from leading scholars addressing this question as well as several new essays. In a sophisticated political economy analysis that is also attuned to the legal framework, the authors bring to bear efficiency arguments, politics, institutional economics, international relations, industrial organization, and property rights. These questions have become even more important in light of the post-Enron corporate governance crisis in the United States and the European Union's repeated efforts at corporate integration. This will become a key text for postgraduates and academics.


Property Rights

Property Rights

Author: Terry L. Anderson

Publisher: Hoover Press

Published: 2013-09-01

Total Pages: 148

ISBN-13: 081793913X

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Drawing on the thoughts of various philosophers, political thinkers, economists, and lawyers, Terry Anderson and Laura Huggins present a blueprint for the nonexpert-expert on how societies can encourage or discourage freedom and prosperity through their property rights institutions. This Hoover Classic edition of Property Rightsdetails step-by-step what property rights are, what they do, how they evolve, how they can be protected, and how they promote freedom and prosperity.


Contested Common Land

Contested Common Land

Author: Christopher P. Rodgers

Publisher: Routledge

Published: 2012-08-06

Total Pages: 242

ISBN-13: 1136537740

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This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.


Property Without Rights

Property Without Rights

Author: Michael Albertus

Publisher: Cambridge University Press

Published: 2021-01-07

Total Pages: 417

ISBN-13: 1108835236

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A new understanding of the causes and consequences of incomplete property rights in countries across the world.


American Legal History: A Very Short Introduction

American Legal History: A Very Short Introduction

Author: G. Edward White

Publisher: Oxford University Press

Published: 2014

Total Pages: 168

ISBN-13: 0199766002

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A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.


Economic Liberties and the Constitution

Economic Liberties and the Constitution

Author: Bernard H. Siegan

Publisher: Transaction Publishers

Published: 2011-12-31

Total Pages: 437

ISBN-13: 1412822114

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In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.


Private Property Rights and the Environment

Private Property Rights and the Environment

Author: Shelly Hiller Marguerat

Publisher: Springer

Published: 2018-11-11

Total Pages: 485

ISBN-13: 3319979000

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This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of “nature” as “property” and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.


Human Rights in the Contemporary World

Human Rights in the Contemporary World

Author: Trudy Corrigan

Publisher: BoD – Books on Demand

Published: 2022-06-08

Total Pages: 160

ISBN-13: 1839688734

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This book is a collection of narratives and research that explores our understanding of human rights in the contemporary world. The chapters highlight the narrative and experiences of researchers and academics who seek to ensure that human rights are implemented in policies and practices in their communities, their countries, and the global world. The book presents contemporary themes of the United Nations Human Rights in terms of current policies and practices, legislative reform, property rights, liberty, security, and freedom of expression. It also provides a comprehensive understanding of the importance of human rights across a number of fields of study that are very relevant in our contemporary world today.


Pastoralism and Common Pool Resources

Pastoralism and Common Pool Resources

Author: Sandagsuren Undargaa

Publisher: Routledge

Published: 2016-03-31

Total Pages: 312

ISBN-13: 1317537920

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The grazing of animals on common land and associated property rights were the original basis of the concept of "the tragedy of the commons". Drawing on the classic work of Elinor Ostrom and the readings of political ecology, this book questions the application of exclusive property rights to mobile pastoralism and rangeland resource governance. It argues that this approach inadequately represents property relations in the context of Mongolian pastoralism. The author presents an in-depth exploration and analysis of mobile pastoral production and resource management in Mongolia. The country is widely considered to be a prime example of successful and resilient common pool resource management, but now faces a dilemma as policy advocates attempt to adjust historical pastoralism to a modern property regime framework. The book strengthens understanding of the complex and multilateral considerations involved in natural resource governance and management in a mobile pastoralist context. It considers the implications for common pool resource management and pastoral societies in Africa, Russia and China and includes recommendations for formulating national policy.