Sandra F. Joireman
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199782482
- eISBN:
- 9780199897209
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199782482.001.0001
- Subject:
- Political Science, Political Theory
Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of ...
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Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of non-state actors define and enforce property rights in Sub-Saharan Africa when the state is weak or absent. Examining the roles played by traditional leaders, entrepreneurial bureaucrats, NGOs, and specialists in violence, this text argues that organic institutions can be helpful or predatory, depending on their incentives and context. Because organically developed institutions are not assumed to be either good or bad, the book develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. It focuses on the politics of property rights enforcement in both rural and urban communities in Ghana, Kenya, and Uganda. Describing what happens in specific communities, the book provocatively challenges the fallacy of legalism—the idea that changes in property law will lead to changes in property rights on the ground—arguing instead that states which change their property laws face challenges in implementation when they do not control the authority structures in local communities. The book provides new information about competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights.Less
Governments, farmers, homeowners, and academics around the world agree that property rights are important. But what happens when the state fails to enforce them? This book describes how a variety of non-state actors define and enforce property rights in Sub-Saharan Africa when the state is weak or absent. Examining the roles played by traditional leaders, entrepreneurial bureaucrats, NGOs, and specialists in violence, this text argues that organic institutions can be helpful or predatory, depending on their incentives and context. Because organically developed institutions are not assumed to be either good or bad, the book develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. It focuses on the politics of property rights enforcement in both rural and urban communities in Ghana, Kenya, and Uganda. Describing what happens in specific communities, the book provocatively challenges the fallacy of legalism—the idea that changes in property law will lead to changes in property rights on the ground—arguing instead that states which change their property laws face challenges in implementation when they do not control the authority structures in local communities. The book provides new information about competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights.
You‐tien Hsing
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199568048
- eISBN:
- 9780191721632
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568048.003.0004
- Subject:
- Business and Management, Political Economy
Chapter 3 examines two types of grassroots resistance in Beijing triggered by inner‐city redevelopment. One concerns property rights protests launched by pre‐Revolution private ...
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Chapter 3 examines two types of grassroots resistance in Beijing triggered by inner‐city redevelopment. One concerns property rights protests launched by pre‐Revolution private homeowners; the other focuses on residents' rights protests by long‐term inner‐city residents displaced by redevelopment projects. The homeowners succeeded in recovering their pre‐Revolution homeownership, and their protests quickly escalated to challenge the more fundamental issue of the state's exclusive claim over land and land rents. The displaced residents, on the other hand, framed their grievances and demands not as property owners, but as residents whose livelihood is rooted in the inner city. While both groups used legalistic and territorial strategies to negotiate with the state and to expand mobilization networks, the expansion of their demands from property rights to residents' rights is particularly meaningful in the pursuit of citizenship rights.Less
Chapter 3 examines two types of grassroots resistance in Beijing triggered by inner‐city redevelopment. One concerns property rights protests launched by pre‐Revolution private homeowners; the other focuses on residents' rights protests by long‐term inner‐city residents displaced by redevelopment projects. The homeowners succeeded in recovering their pre‐Revolution homeownership, and their protests quickly escalated to challenge the more fundamental issue of the state's exclusive claim over land and land rents. The displaced residents, on the other hand, framed their grievances and demands not as property owners, but as residents whose livelihood is rooted in the inner city. While both groups used legalistic and territorial strategies to negotiate with the state and to expand mobilization networks, the expansion of their demands from property rights to residents' rights is particularly meaningful in the pursuit of citizenship rights.
Max H. Boisot, Ian C. MacMillan, and Kyeong Seok Han
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199250875
- eISBN:
- 9780191719509
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199250875.003.0007
- Subject:
- Business and Management, Knowledge Management
With the growth of the information economy, the proportion of knowledge-intensive goods to total goods is constantly increasing. Lawrence Lessig has argued that IPRs have now become too favourable to ...
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With the growth of the information economy, the proportion of knowledge-intensive goods to total goods is constantly increasing. Lawrence Lessig has argued that IPRs have now become too favourable to existing producers and that their ‘winner-take-all’ characteristics are constraining the creators of tomorrow. This chapter looks at how variations in IPRs regimes might affect the creation and social cost of new knowledge in economic systems. Drawing on a conceptual framework, the Information Space or I-Space, to explore how the uncontrollable diffusibility of knowledge relates to its degree of structure, this chapter deploys an agent-based modelling approach to the issue of IPRs. It takes the ability to control the diffusibility of knowledge as a proxy measure for an ability to establish property rights in such knowledge. Second, it takes the rate of obsolescence of knowledge as a proxy measure for the degree of turbulence induced by different regimes of technical change. Then, it simulates the quantity and cost to society of new knowledge under different property right regimes.Less
With the growth of the information economy, the proportion of knowledge-intensive goods to total goods is constantly increasing. Lawrence Lessig has argued that IPRs have now become too favourable to existing producers and that their ‘winner-take-all’ characteristics are constraining the creators of tomorrow. This chapter looks at how variations in IPRs regimes might affect the creation and social cost of new knowledge in economic systems. Drawing on a conceptual framework, the Information Space or I-Space, to explore how the uncontrollable diffusibility of knowledge relates to its degree of structure, this chapter deploys an agent-based modelling approach to the issue of IPRs. It takes the ability to control the diffusibility of knowledge as a proxy measure for an ability to establish property rights in such knowledge. Second, it takes the rate of obsolescence of knowledge as a proxy measure for the degree of turbulence induced by different regimes of technical change. Then, it simulates the quantity and cost to society of new knowledge under different property right regimes.
López Ramón and Michael A. Toman
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199298006
- eISBN:
- 9780191603877
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199298009.003.0014
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Tropical forest conservation and sustainable natural forest management both imply benefits and invoke considerable costs. The spatial and temporal mismatch of such benefits (which might not ...
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Tropical forest conservation and sustainable natural forest management both imply benefits and invoke considerable costs. The spatial and temporal mismatch of such benefits (which might not materialize until far in the future and could be shared by many parties) and costs (which often occur at a local scale and must be borne in the short term) prevents an efficient forest management at the national level. While the international community has developed a variety of instruments to align global and national incentives, the implementation of such policies needs to take into account national property right regimes and the recent trend towards the devolution of rights and responsibilities to communities and private individuals, which has a significant impact on the relative importance of different types of market failures and policy effects. This paper summarizes existing literature on the causes of deforestation and the magnitude of various forest benefit components, discusses the usefulness of forest valuation exercises for guiding policy choices regarding forest management and conservation, and highlights the key role of market failure in tropical forest conservation. It explores the various policy options that exist for the rest of the world to address market failure, and concludes with conditions necessary for improving current systems.Less
Tropical forest conservation and sustainable natural forest management both imply benefits and invoke considerable costs. The spatial and temporal mismatch of such benefits (which might not materialize until far in the future and could be shared by many parties) and costs (which often occur at a local scale and must be borne in the short term) prevents an efficient forest management at the national level. While the international community has developed a variety of instruments to align global and national incentives, the implementation of such policies needs to take into account national property right regimes and the recent trend towards the devolution of rights and responsibilities to communities and private individuals, which has a significant impact on the relative importance of different types of market failures and policy effects. This paper summarizes existing literature on the causes of deforestation and the magnitude of various forest benefit components, discusses the usefulness of forest valuation exercises for guiding policy choices regarding forest management and conservation, and highlights the key role of market failure in tropical forest conservation. It explores the various policy options that exist for the rest of the world to address market failure, and concludes with conditions necessary for improving current systems.
Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0004
- Subject:
- Political Science, Political Theory
The liberal conception of justice is introduced and refined in light of the need to address the first‐order problem of knowledge. ‘Justice’ is respect for the rights of individuals and associations. ...
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The liberal conception of justice is introduced and refined in light of the need to address the first‐order problem of knowledge. ‘Justice’ is respect for the rights of individuals and associations. These rights include: (1) The right of several property specifies a right to acquire, possess, use, and dispose of scarce physical resources—including their own bodies. While most property rights are freely alienable, the right to one's person is inalienable. (2) The right of first possession specifies that property rights to unowned resources are acquired by being the first to establish control over them. (3) The right of freedom of contract specifies that a rightholder's consent is both necessary (freedom from contract) and sufficient (freedom to contract) to transfer alienable property rights.Less
The liberal conception of justice is introduced and refined in light of the need to address the first‐order problem of knowledge. ‘Justice’ is respect for the rights of individuals and associations. These rights include: (1) The right of several property specifies a right to acquire, possess, use, and dispose of scarce physical resources—including their own bodies. While most property rights are freely alienable, the right to one's person is inalienable. (2) The right of first possession specifies that property rights to unowned resources are acquired by being the first to establish control over them. (3) The right of freedom of contract specifies that a rightholder's consent is both necessary (freedom from contract) and sufficient (freedom to contract) to transfer alienable property rights.
Peter Ho
- Published in print:
- 2005
- Published Online:
- July 2005
- ISBN:
- 9780199280698
- eISBN:
- 9780191602528
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019928069X.001.0001
- Subject:
- Economics and Finance, Development, Growth, and Environmental
Studying institutional change regardless of whether it is focused on transitional or developing economies, may prove most fruitful when focused on its structuring of the means of production—land, ...
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Studying institutional change regardless of whether it is focused on transitional or developing economies, may prove most fruitful when focused on its structuring of the means of production—land, labour, and capital. This book does exactly that: it singles out land as an object of study and places it in the context of one of the world’s largest and most populous countries undergoing institutional reform, the People’s Republic of China. The book argues that private property protected by law, the principle of ‘getting-the-prices-right’, and the emergence of effectively functioning markets can not be imposed, but are the outcome of a society’s historical development and institutional fabric. In other words, the creation of institutions that are trusted and perceived as ‘credible’ in the eyes of social actors hinges in part on choice and timing in relation to the constellation of socio-economic and political parameters. It is demonstrated that disregarding these might result in the establishment of ‘empty institutions’ that have little effect on social actors’ actions, and can even cause rising inequality, bad land stewardship, and social conflict. The book concludes that the key to understanding China’s successes in rural reforms lies in the state’s hands-off approach and upholding an intentional institutional ambiguity that allowed for local, credible institutions to arise.Less
Studying institutional change regardless of whether it is focused on transitional or developing economies, may prove most fruitful when focused on its structuring of the means of production—land, labour, and capital. This book does exactly that: it singles out land as an object of study and places it in the context of one of the world’s largest and most populous countries undergoing institutional reform, the People’s Republic of China. The book argues that private property protected by law, the principle of ‘getting-the-prices-right’, and the emergence of effectively functioning markets can not be imposed, but are the outcome of a society’s historical development and institutional fabric. In other words, the creation of institutions that are trusted and perceived as ‘credible’ in the eyes of social actors hinges in part on choice and timing in relation to the constellation of socio-economic and political parameters. It is demonstrated that disregarding these might result in the establishment of ‘empty institutions’ that have little effect on social actors’ actions, and can even cause rising inequality, bad land stewardship, and social conflict. The book concludes that the key to understanding China’s successes in rural reforms lies in the state’s hands-off approach and upholding an intentional institutional ambiguity that allowed for local, credible institutions to arise.
López Ramón and Michael A. Toman
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199298006
- eISBN:
- 9780191603877
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199298009.003.0005
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter examines evidence on the four ways in which a nation’s political system and its natural resource use are linked. First, when property rights to resources are weak, competition to acquire ...
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This chapter examines evidence on the four ways in which a nation’s political system and its natural resource use are linked. First, when property rights to resources are weak, competition to acquire resources can be wasteful and characterized by rent-seeking and violent conflict. Weak ownership claims are most likely in countries where the rule of law is not well-established. Second, when a country’s political system is unstable or non-representative, the individual’s claim to a resource stock’s future return can be rendered insecure, reducing the payoff to natural resource conservation. Third, when a country’s natural resources are capable of generating significant rents but institutions of democratic governance and the rule of law are not well-established, corruption by government officials responsible for resource management can encourage rent-seeking, dissipating the benefits those resources would otherwise confer. Fourth, the mix of private vs. public good outputs produced by a nation’s natural resources (e.g., forests) can be affected by its political system. When a country’s government does not represent the interests of the entire population, the use of resource stocks to provide public good amenities, as opposed to salable products, may be under-emphasized.Less
This chapter examines evidence on the four ways in which a nation’s political system and its natural resource use are linked. First, when property rights to resources are weak, competition to acquire resources can be wasteful and characterized by rent-seeking and violent conflict. Weak ownership claims are most likely in countries where the rule of law is not well-established. Second, when a country’s political system is unstable or non-representative, the individual’s claim to a resource stock’s future return can be rendered insecure, reducing the payoff to natural resource conservation. Third, when a country’s natural resources are capable of generating significant rents but institutions of democratic governance and the rule of law are not well-established, corruption by government officials responsible for resource management can encourage rent-seeking, dissipating the benefits those resources would otherwise confer. Fourth, the mix of private vs. public good outputs produced by a nation’s natural resources (e.g., forests) can be affected by its political system. When a country’s government does not represent the interests of the entire population, the use of resource stocks to provide public good amenities, as opposed to salable products, may be under-emphasized.
Federico Varese
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297369
- eISBN:
- 9780191600272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829736X.003.0002
- Subject:
- Political Science, Russian Politics
An account is given of the transition from a state-run to a market economy in Russia, since the crucial argument presented in the book is that the Russian Mafia emerged as a consequence of an ...
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An account is given of the transition from a state-run to a market economy in Russia, since the crucial argument presented in the book is that the Russian Mafia emerged as a consequence of an imperfect transition. The chapter explores the extent to which the post-Soviet Russian state emerged either as an impartial protector of rights or, on the other hand, as an erratic, predatory, and non-impartial supplier of protection. The first section of the chapter looks briefly at the emergence of the legal and tax systems, and the rise in crime and corruption, and the second discusses property rights and the growing demand for protection. The last section presents the main actors involved in the transition – enterprise managers, industrial ministers, workers, and local governments and Boris Yeltsin’s reform team, and attempts to see which of these lobbies were best positioned to engage in collective action to determine some aspects of the transition, and the final outcome.Less
An account is given of the transition from a state-run to a market economy in Russia, since the crucial argument presented in the book is that the Russian Mafia emerged as a consequence of an imperfect transition. The chapter explores the extent to which the post-Soviet Russian state emerged either as an impartial protector of rights or, on the other hand, as an erratic, predatory, and non-impartial supplier of protection. The first section of the chapter looks briefly at the emergence of the legal and tax systems, and the rise in crime and corruption, and the second discusses property rights and the growing demand for protection. The last section presents the main actors involved in the transition – enterprise managers, industrial ministers, workers, and local governments and Boris Yeltsin’s reform team, and attempts to see which of these lobbies were best positioned to engage in collective action to determine some aspects of the transition, and the final outcome.
Krister Andersson and Diego Pacheco
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199204762
- eISBN:
- 9780191603860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199204764.003.0011
- Subject:
- Economics and Finance, Development, Growth, and Environmental
How can formal, national-level policies be structured so that they enhance rural people’s capabilities for sustained improvements of their quality of life? This paper analyses this question in the ...
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How can formal, national-level policies be structured so that they enhance rural people’s capabilities for sustained improvements of their quality of life? This paper analyses this question in the rural context, drawing upon first-hand observations of the consequences from a recent public policy reform in Bolivia’s forestry sector. It examines the effect the new legislation on forest users’ incentives to invest in forestry activities as compared to other production alternatives. Data from six smallholder communities in the tropical lowlands showed that although formalized forestry activities can be relatively profitable for smallholders, complicated acquisition rules and traditional policy bias against agricultural activities often make forestry a less attractive land use alternative.Less
How can formal, national-level policies be structured so that they enhance rural people’s capabilities for sustained improvements of their quality of life? This paper analyses this question in the rural context, drawing upon first-hand observations of the consequences from a recent public policy reform in Bolivia’s forestry sector. It examines the effect the new legislation on forest users’ incentives to invest in forestry activities as compared to other production alternatives. Data from six smallholder communities in the tropical lowlands showed that although formalized forestry activities can be relatively profitable for smallholders, complicated acquisition rules and traditional policy bias against agricultural activities often make forestry a less attractive land use alternative.
López Ramón and Michael A. Toman
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199298006
- eISBN:
- 9780191603877
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199298009.003.0007
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter studies the relationship between international trade, capital mobility, and environmental quality in developing countries. Although the ‘pollution haven hypothesis’ has dominated much of ...
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This chapter studies the relationship between international trade, capital mobility, and environmental quality in developing countries. Although the ‘pollution haven hypothesis’ has dominated much of the discussion of the composition effects of trade between rich and poor countries, this paper argues that it is not supported by empirical evidence. Regardless of environmental policy, trade liberalization may still shift the development path towards environmentally-intensive activity in countries with a comparative advantage in this area. This paper also considers the fundamental differences between environmental problems associated industrial pollution emissions, and those that affect stocks of natural capital, such as fisheries and forests. In addition, it examines the effects of linkage between trade policies and environmental concerns in developing countries. Section 1 discusses the role of the environmental policy process and institutions, and how they interact with the trade regime. Section 2 reviews the empirical evidence on the effects of environmental policy on trade patterns, and the evidence on the effect of trade on environmental quality. Section 3 considers policy issues.Less
This chapter studies the relationship between international trade, capital mobility, and environmental quality in developing countries. Although the ‘pollution haven hypothesis’ has dominated much of the discussion of the composition effects of trade between rich and poor countries, this paper argues that it is not supported by empirical evidence. Regardless of environmental policy, trade liberalization may still shift the development path towards environmentally-intensive activity in countries with a comparative advantage in this area. This paper also considers the fundamental differences between environmental problems associated industrial pollution emissions, and those that affect stocks of natural capital, such as fisheries and forests. In addition, it examines the effects of linkage between trade policies and environmental concerns in developing countries. Section 1 discusses the role of the environmental policy process and institutions, and how they interact with the trade regime. Section 2 reviews the empirical evidence on the effects of environmental policy on trade patterns, and the evidence on the effect of trade on environmental quality. Section 3 considers policy issues.
Mark A. Hall and Kevin A. Schulman
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195390131
- eISBN:
- 9780199775934
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390131.003.008
- Subject:
- Law, Medical Law
Who owns a patient's medical information? The patient, the provider, or the insurer? All of the above? None of the above? In the emerging era of electronic medical records, no legal question is more ...
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Who owns a patient's medical information? The patient, the provider, or the insurer? All of the above? None of the above? In the emerging era of electronic medical records, no legal question is more critical, more contested, or more poorly understood. Ownership was never much in doubt in an age of paper-based records, but now that information can be easily digitized and freed from any particular storage medium, confusion reigns. How this issue is resolved can determine how or whether massive anticipated developments in electronic health records will take shape. The respective property rights of patients, providers, and insurers will strongly influence, if not determine, what form of electronic health-record interchange will predominate. And, whether rights to access and use of medical information can be commercialized may determine whether effective, comprehensive medical information networks can emerge at all in the absence of an overt government mandate. This chapter analyzes property rights in medical information from the perspective of network economics. It proposes that patients be allowed to monetize their access and control rights by assigning them to a trusted and regulated intermediary who may then place those rights in a stream of commerce that determines their value and best use. The funds generated can then be distributed both to patients and providers in order to encourage their creation and use of interconnected electronic records.Less
Who owns a patient's medical information? The patient, the provider, or the insurer? All of the above? None of the above? In the emerging era of electronic medical records, no legal question is more critical, more contested, or more poorly understood. Ownership was never much in doubt in an age of paper-based records, but now that information can be easily digitized and freed from any particular storage medium, confusion reigns. How this issue is resolved can determine how or whether massive anticipated developments in electronic health records will take shape. The respective property rights of patients, providers, and insurers will strongly influence, if not determine, what form of electronic health-record interchange will predominate. And, whether rights to access and use of medical information can be commercialized may determine whether effective, comprehensive medical information networks can emerge at all in the absence of an overt government mandate. This chapter analyzes property rights in medical information from the perspective of network economics. It proposes that patients be allowed to monetize their access and control rights by assigning them to a trusted and regulated intermediary who may then place those rights in a stream of commerce that determines their value and best use. The funds generated can then be distributed both to patients and providers in order to encourage their creation and use of interconnected electronic records.
Michael Foley
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780199232673
- eISBN:
- 9780191716362
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232673.003.0004
- Subject:
- Political Science, American Politics
This chapter discusses wealth and property rights in American society. It argues that material wealth has not only been integrally linked to the founding ideals and narrative themes of the country, ...
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This chapter discusses wealth and property rights in American society. It argues that material wealth has not only been integrally linked to the founding ideals and narrative themes of the country, but has also been central to the principles, methods, and objectives of government. The right to acquire and to own property has been privileged in America as a fundamental feature of citizenship and this has led to profound consequences for the nature of civil society and the remit of public policy. The theme of wealth being appropriated and protected by the natural rights attributed to individuals has served to shape conceptions of personal liberty and also to define the values, identity, and internal dynamics of an expansionist social order. Wealth and the organization of social life through property draw upon, and are informed by, many other American values. By the same token, the principle of property rights contributes to, and cultivates those values. It can even be plausibly asserted that the rights of property acquisition and security have a dominant position over other sources of principle and legitimacy.Less
This chapter discusses wealth and property rights in American society. It argues that material wealth has not only been integrally linked to the founding ideals and narrative themes of the country, but has also been central to the principles, methods, and objectives of government. The right to acquire and to own property has been privileged in America as a fundamental feature of citizenship and this has led to profound consequences for the nature of civil society and the remit of public policy. The theme of wealth being appropriated and protected by the natural rights attributed to individuals has served to shape conceptions of personal liberty and also to define the values, identity, and internal dynamics of an expansionist social order. Wealth and the organization of social life through property draw upon, and are informed by, many other American values. By the same token, the principle of property rights contributes to, and cultivates those values. It can even be plausibly asserted that the rights of property acquisition and security have a dominant position over other sources of principle and legitimacy.
Gijs Van Donselaar
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195140392
- eISBN:
- 9780199871483
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195140392.001.0001
- Subject:
- Philosophy, Moral Philosophy
In 1895, an English farmer diverted the course of a stream that was flowing through his land, thereby cutting off the supply to the water reservoir of the neighboring community. The courts ...
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In 1895, an English farmer diverted the course of a stream that was flowing through his land, thereby cutting off the supply to the water reservoir of the neighboring community. The courts established that it had been his purpose to “injure the plaintiffs by carrying off the water and to compel them to buy him off.” Regardless of what the law says, most people will feel that the farmer's intentions were morally unjust; he was trying to abuse his property rights in order to take advantage of others. Yet, as this book explains, the major traditions in the theory of economic justice, both from the libertarian right and from the egalitarian left, have failed to appreciate the moral objection to exploitative behavior that this case displays. Those traditions entertain radically opposed views on how private property should be distributed, but they do not consider the legitimacy of constraints on the exercise of property rights—however they are distributed. The second part of the book demonstrates how this failure clears the way for a recent egalitarian argument, gaining in popularity, for a so-called unconditional basic income. If all have an initial right to an equal share of the resources of the world, then it soon seems to follow that all have a right to an equal share of the value of the resources of the world, which could be cashed in as a labor-free income. That inference is only valid if moral behavior similar to that of the farmer is tolerated.Less
In 1895, an English farmer diverted the course of a stream that was flowing through his land, thereby cutting off the supply to the water reservoir of the neighboring community. The courts established that it had been his purpose to “injure the plaintiffs by carrying off the water and to compel them to buy him off.” Regardless of what the law says, most people will feel that the farmer's intentions were morally unjust; he was trying to abuse his property rights in order to take advantage of others. Yet, as this book explains, the major traditions in the theory of economic justice, both from the libertarian right and from the egalitarian left, have failed to appreciate the moral objection to exploitative behavior that this case displays. Those traditions entertain radically opposed views on how private property should be distributed, but they do not consider the legitimacy of constraints on the exercise of property rights—however they are distributed. The second part of the book demonstrates how this failure clears the way for a recent egalitarian argument, gaining in popularity, for a so-called unconditional basic income. If all have an initial right to an equal share of the resources of the world, then it soon seems to follow that all have a right to an equal share of the value of the resources of the world, which could be cashed in as a labor-free income. That inference is only valid if moral behavior similar to that of the farmer is tolerated.
Lee Godden
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199579853
- eISBN:
- 9780191722745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579853.003.0020
- Subject:
- Law, Public International Law, Environmental and Energy Law
Environmental markets, in concert with the rise of property-based instruments to regulate natural resources, have gained ascendancy in many areas once the preserve of more traditional forms of legal ...
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Environmental markets, in concert with the rise of property-based instruments to regulate natural resources, have gained ascendancy in many areas once the preserve of more traditional forms of legal regulation. Prominent among the trends has been the development of cap and trade regimes that utilize property rights as specific instruments to achieve ‘efficiencies’ in the regulation of common pool resources such as water, and increasingly in emerging ‘resources’ such as greenhouse gas emissions. Adoption of property rights is regarded as instituting a system that prevents the ‘tragedy of the commons’. This chapter critically explores this view by considering the emergence of new forms of property rights in common pool resources. It then examines a case study of the emergence of water property rights and market-based mechanisms in water law. It focuses upon Australia, although some comparisons are made with other jurisdictions. Finally, the chapter analyses experience with the use of property rights and trade in water to suggest some potential opportunities and challenges that property rights and cap and trade regimes may pose for the governance of common pool resources more widely.Less
Environmental markets, in concert with the rise of property-based instruments to regulate natural resources, have gained ascendancy in many areas once the preserve of more traditional forms of legal regulation. Prominent among the trends has been the development of cap and trade regimes that utilize property rights as specific instruments to achieve ‘efficiencies’ in the regulation of common pool resources such as water, and increasingly in emerging ‘resources’ such as greenhouse gas emissions. Adoption of property rights is regarded as instituting a system that prevents the ‘tragedy of the commons’. This chapter critically explores this view by considering the emergence of new forms of property rights in common pool resources. It then examines a case study of the emergence of water property rights and market-based mechanisms in water law. It focuses upon Australia, although some comparisons are made with other jurisdictions. Finally, the chapter analyses experience with the use of property rights and trade in water to suggest some potential opportunities and challenges that property rights and cap and trade regimes may pose for the governance of common pool resources more widely.
Barry Barton
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199579853
- eISBN:
- 9780191722745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579853.003.0004
- Subject:
- Law, Public International Law, Environmental and Energy Law
Common law jurisdictions do not appear to have a generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes. This chapter ...
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Common law jurisdictions do not appear to have a generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes. This chapter inquires into the way that different courts — mainly those of Australia, Canada, England, and New Zealand — have approached the matter, and into the way that we may expect the interaction between legislatures and courts in common law jurisdictions to proceed in the future. It is shown that the case law is not producing any consistent body of doctrine by which to determine whether a statutory resource permit has a proprietary character to it, or whether property law ideas can properly be used to construe it. The legislature often pays little attention to such matters; often its general pronouncements fail to deal with the diversity of disputes that parties bring to the courts. Given this legislative track record, it is interesting to discover that the courts are often reluctant to be entirely bound by the legislature's expressions of intention.Less
Common law jurisdictions do not appear to have a generally accepted body of law for ascertaining whether the attributes of property ownership attach to permits granted under statutes. This chapter inquires into the way that different courts — mainly those of Australia, Canada, England, and New Zealand — have approached the matter, and into the way that we may expect the interaction between legislatures and courts in common law jurisdictions to proceed in the future. It is shown that the case law is not producing any consistent body of doctrine by which to determine whether a statutory resource permit has a proprietary character to it, or whether property law ideas can properly be used to construe it. The legislature often pays little attention to such matters; often its general pronouncements fail to deal with the diversity of disputes that parties bring to the courts. Given this legislative track record, it is interesting to discover that the courts are often reluctant to be entirely bound by the legislature's expressions of intention.
Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0005
- Subject:
- Political Science, Political Theory
The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed ...
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The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed in advance of persons taking action (ex ante) influences the form of the message in at least eight ways: (1) general rules or principles that are (2) publicized, (3) prospective in effect, (4) understandable, (5) compossible, (6) possible to follow, (7) stable, and (8) enforced as publicized. These formal requirements that are needed to communicate the message of justice ex ante are part of what is known as the rule of law. The need for ex ante information about allocation of several property rights also influences the substance of these rights including the prohibition on force and fraud.Less
The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed in advance of persons taking action (ex ante) influences the form of the message in at least eight ways: (1) general rules or principles that are (2) publicized, (3) prospective in effect, (4) understandable, (5) compossible, (6) possible to follow, (7) stable, and (8) enforced as publicized. These formal requirements that are needed to communicate the message of justice ex ante are part of what is known as the rule of law. The need for ex ante information about allocation of several property rights also influences the substance of these rights including the prohibition on force and fraud.
You-tien Hsing
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199568048
- eISBN:
- 9780191721632
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568048.001.0001
- Subject:
- Business and Management, Political Economy
This book emphasizes the centrality of cities in China's ongoing transformation. Based on fieldwork in twenty-four Chinese cities between 1996 and 2007, the author forwards an analysis of the ...
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This book emphasizes the centrality of cities in China's ongoing transformation. Based on fieldwork in twenty-four Chinese cities between 1996 and 2007, the author forwards an analysis of the relations between the city, the state, and society through two novel concepts: urbanization of the local state and civic territoriality. Urbanization of the local state is a process of state power restructuring entailing an accumulation regime based on the commodification of state-owned land, the consolidation of territorial authority through construction projects, and a policy discourse dominated by notions of urban modernity. Civic territoriality encompasses the politics of distribution engendered by urban expansionism, and social actors' territorial strategies toward self-protection. Findings are based on observations in three types of places. In the inner city of major metropolitan centers, municipal governments battle high-ranking state agencies to secure land rents from redevelopment projects, while residents mobilize to assert property and residential rights. At the urban edge, as metropolitan governments seek to extend control over their rural hinterland through massive-scale development projects, villagers strategize to profit from the encroaching property market. At the rural fringe, township leaders become brokers of power and property between the state bureaucracy and villages, while large numbers of peasants are dispossessed, dispersed, and deterritorialized; their mobilizational capacity is consequently undermined.Less
This book emphasizes the centrality of cities in China's ongoing transformation. Based on fieldwork in twenty-four Chinese cities between 1996 and 2007, the author forwards an analysis of the relations between the city, the state, and society through two novel concepts: urbanization of the local state and civic territoriality. Urbanization of the local state is a process of state power restructuring entailing an accumulation regime based on the commodification of state-owned land, the consolidation of territorial authority through construction projects, and a policy discourse dominated by notions of urban modernity. Civic territoriality encompasses the politics of distribution engendered by urban expansionism, and social actors' territorial strategies toward self-protection. Findings are based on observations in three types of places. In the inner city of major metropolitan centers, municipal governments battle high-ranking state agencies to secure land rents from redevelopment projects, while residents mobilize to assert property and residential rights. At the urban edge, as metropolitan governments seek to extend control over their rural hinterland through massive-scale development projects, villagers strategize to profit from the encroaching property market. At the rural fringe, township leaders become brokers of power and property between the state bureaucracy and villages, while large numbers of peasants are dispossessed, dispersed, and deterritorialized; their mobilizational capacity is consequently undermined.
Annette Miae Kim
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195369397
- eISBN:
- 9780199871032
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369397.001.0001
- Subject:
- Economics and Finance, Financial Economics
Why have some countries been able to escape the usual dead end of international development efforts and build explosively growing capitalist economies? Based on years of fieldwork, this book provides ...
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Why have some countries been able to escape the usual dead end of international development efforts and build explosively growing capitalist economies? Based on years of fieldwork, this book provides an account of the first generation of entrepreneurs in Vietnam in comparison to those in other transition countries. Focusing on the emergence of private land development firms in Ho Chi Minh City, this book shows how within seven years the private sector produced the majority of all new houses in the real estate market. This book demonstrates that capitalist entrepreneurialism was not the result of state initiative, properly incentivized policies, or individual personality traits. Rather, a society-wide reconstruction of cognitive paradigms enabled entrepreneurs to emerge and transform Vietnam from a poor, centrally planned economy into one of the fastest growing, market economies in the world.Less
Why have some countries been able to escape the usual dead end of international development efforts and build explosively growing capitalist economies? Based on years of fieldwork, this book provides an account of the first generation of entrepreneurs in Vietnam in comparison to those in other transition countries. Focusing on the emergence of private land development firms in Ho Chi Minh City, this book shows how within seven years the private sector produced the majority of all new houses in the real estate market. This book demonstrates that capitalist entrepreneurialism was not the result of state initiative, properly incentivized policies, or individual personality traits. Rather, a society-wide reconstruction of cognitive paradigms enabled entrepreneurs to emerge and transform Vietnam from a poor, centrally planned economy into one of the fastest growing, market economies in the world.
Alan D. Morrison and William J. Wilhelm Jr.
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199296576
- eISBN:
- 9780191712036
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296576.003.0002
- Subject:
- Economics and Finance, Financial Economics
This chapter discusses the importance of property rights in capitalist economies. It provides a general definition of property, and then discusses the institutions that enforce property rights. It ...
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This chapter discusses the importance of property rights in capitalist economies. It provides a general definition of property, and then discusses the institutions that enforce property rights. It notes that complex property rights may not be enforceable in the courts, and discusses theoretical and empirical research into the extra-legal institutions that are required. The chapter then details the nature of the relational contracts that these institutions support. Finally, it notes the tensions between the State and the extra-legal property rights institutions, and it highlights the danger that successful extra-legal institutions will serve as a focus for State rent-seeking.Less
This chapter discusses the importance of property rights in capitalist economies. It provides a general definition of property, and then discusses the institutions that enforce property rights. It notes that complex property rights may not be enforceable in the courts, and discusses theoretical and empirical research into the extra-legal institutions that are required. The chapter then details the nature of the relational contracts that these institutions support. Finally, it notes the tensions between the State and the extra-legal property rights institutions, and it highlights the danger that successful extra-legal institutions will serve as a focus for State rent-seeking.
Kimberly K. Smith
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199895755
- eISBN:
- 9780199950522
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199895755.001.0001
- Subject:
- Political Science, Political Theory, American Politics
What is the role of government in protecting animal welfare? What principles should policy makers draw on as they try to balance animal welfare against human liberty? Much has been written in recent ...
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What is the role of government in protecting animal welfare? What principles should policy makers draw on as they try to balance animal welfare against human liberty? Much has been written in recent years on our moral duties toward animals, but scholars and activists alike have neglected the important question of how far the state may go to enforce those duties. This book fills that gap by exploring how liberal political principles apply to animal welfare policy. Focusing on animal welfare in the United States, the book argues that some animals (most prominently pets and livestock) may be considered members of the liberal social contract. That conclusion justifies limited state intervention to defend their welfare—even when such intervention may harm human citizens. The book also examines such questions as whether citizens may enjoy property rights in animals, what those rights entail, how animals may be represented in our political and legal institutions, and what strategies for reform are most compatible with liberal principles. More generally, this study asks, what sort of liberalism is suitable for the twenty-first-century United States? It argues that investigating the political morality of our treatment of animals gives us insight into how to design institutions that protect the most vulnerable members of our society, thus making of our shared world a more fitting home for both humans and the nonhumans to which we are so deeply connected.Less
What is the role of government in protecting animal welfare? What principles should policy makers draw on as they try to balance animal welfare against human liberty? Much has been written in recent years on our moral duties toward animals, but scholars and activists alike have neglected the important question of how far the state may go to enforce those duties. This book fills that gap by exploring how liberal political principles apply to animal welfare policy. Focusing on animal welfare in the United States, the book argues that some animals (most prominently pets and livestock) may be considered members of the liberal social contract. That conclusion justifies limited state intervention to defend their welfare—even when such intervention may harm human citizens. The book also examines such questions as whether citizens may enjoy property rights in animals, what those rights entail, how animals may be represented in our political and legal institutions, and what strategies for reform are most compatible with liberal principles. More generally, this study asks, what sort of liberalism is suitable for the twenty-first-century United States? It argues that investigating the political morality of our treatment of animals gives us insight into how to design institutions that protect the most vulnerable members of our society, thus making of our shared world a more fitting home for both humans and the nonhumans to which we are so deeply connected.
