Chris Beneke
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195305555
- eISBN:
- 9780199784899
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195305558.003.0001
- Subject:
- Religion, Religion and Society
The story opens in the first three decades of the 18th century when dissenters were still treated as political subversives and unorthodox doctrines still compared to contagious diseases. This chapter ...
More
The story opens in the first three decades of the 18th century when dissenters were still treated as political subversives and unorthodox doctrines still compared to contagious diseases. This chapter briefly summarizes the long history of persecution in Europe and America, emphasizing the ideal of religious uniformity and the practice of religious localism. It then traces the emergence of toleration and the limits of the “divine right of private judgment”. The chapter concludes with an account of an early religious controversy involving Benjamin Franklin to underscore the relationship between the growth of the print trade and the expansion of religious autonomy.Less
The story opens in the first three decades of the 18th century when dissenters were still treated as political subversives and unorthodox doctrines still compared to contagious diseases. This chapter briefly summarizes the long history of persecution in Europe and America, emphasizing the ideal of religious uniformity and the practice of religious localism. It then traces the emergence of toleration and the limits of the “divine right of private judgment”. The chapter concludes with an account of an early religious controversy involving Benjamin Franklin to underscore the relationship between the growth of the print trade and the expansion of religious autonomy.
Aileen McHarg, Barry Barton, Adrian Bradbrook, and Lee Godden (eds)
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199579853
- eISBN:
- 9780191722745
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199579853.001.0001
- Subject:
- Law, Public International Law, Environmental and Energy Law
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and ...
More
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how this manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.Less
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how this manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Jean‐Marie Baland and Jean‐Philippe Platteau
- Published in print:
- 2000
- Published Online:
- January 2005
- ISBN:
- 9780198290612
- eISBN:
- 9780191601613
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198290616.003.0004
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter discusses the property rights school solution, which advocates the development of private property rights in a resource. It argues that private property rights do not necessarily promote ...
More
This chapter discusses the property rights school solution, which advocates the development of private property rights in a resource. It argues that private property rights do not necessarily promote efficiency due to the absence of markets for certain resources, and imperfect markets. The impact of a privatization programme on income distribution is examined.Less
This chapter discusses the property rights school solution, which advocates the development of private property rights in a resource. It argues that private property rights do not necessarily promote efficiency due to the absence of markets for certain resources, and imperfect markets. The impact of a privatization programme on income distribution is examined.
Daniel A. Crane
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195372656
- eISBN:
- 9780199893287
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372656.003.0003
- Subject:
- Law, Competition Law
The creation of a private right of action for damages has led to the significant decision to separate antitrust from corporate regulation. This conceptualizes a freestanding tort. This chapter ...
More
The creation of a private right of action for damages has led to the significant decision to separate antitrust from corporate regulation. This conceptualizes a freestanding tort. This chapter explains that the allowance for private enforcement and the payment of damages was not entirely an American innovation instead it derived from the 1623 English decree of monopolies. There exists a significant difference between the private right of action created under the act of monopolies and that created under the Sherman Act. There is no limitation on Sherman's private right of action for damages included in trade agreements. The meaning of monopoly has now shifted from one describing an exclusive governmental grant to a more general meaning, which includes any body holding a strong market position.Less
The creation of a private right of action for damages has led to the significant decision to separate antitrust from corporate regulation. This conceptualizes a freestanding tort. This chapter explains that the allowance for private enforcement and the payment of damages was not entirely an American innovation instead it derived from the 1623 English decree of monopolies. There exists a significant difference between the private right of action created under the act of monopolies and that created under the Sherman Act. There is no limitation on Sherman's private right of action for damages included in trade agreements. The meaning of monopoly has now shifted from one describing an exclusive governmental grant to a more general meaning, which includes any body holding a strong market position.
Alison Kesby
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199600823
- eISBN:
- 9780191738272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199600823.003.0002
- Subject:
- Law, Public International Law
Chapter 1 examines the right to have rights in the context of the movement of people across borders. In the present international system of states, it is imperative that each person has a ‘place in ...
More
Chapter 1 examines the right to have rights in the context of the movement of people across borders. In the present international system of states, it is imperative that each person has a ‘place in the world’, a place of lawful residence, and is not constantly shunted between states. The author examines how international law constructs the need for a ‘place in the world’ and the legal statuses by which individuals are emplaced (or misplaced) within it, namely the international legal status of nationality and, exceptionally, the humanity of international human rights law as inflected in rights such as the right to respect for family and private life.Less
Chapter 1 examines the right to have rights in the context of the movement of people across borders. In the present international system of states, it is imperative that each person has a ‘place in the world’, a place of lawful residence, and is not constantly shunted between states. The author examines how international law constructs the need for a ‘place in the world’ and the legal statuses by which individuals are emplaced (or misplaced) within it, namely the international legal status of nationality and, exceptionally, the humanity of international human rights law as inflected in rights such as the right to respect for family and private life.
Alan Ryan
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691148403
- eISBN:
- 9781400841950
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691148403.003.0034
- Subject:
- Philosophy, Political Philosophy
This chapter examines whether socialism may be more consistent with liberty than capitalism is. It concentrates on two issues, one related to property and the other to education. It first considers ...
More
This chapter examines whether socialism may be more consistent with liberty than capitalism is. It concentrates on two issues, one related to property and the other to education. It first considers whether the abolition of private property rights in the means of production would in itself be an assault on freedom. Some defenders of socialism, as well as its critics, think of socialism as the search for justice, welfare, or fraternity at the expense of freedom—or “bourgeois freedoms.” The chapter proceeds by discussing whether a “no-ownership” regime would allow room for greater or lesser intellectual freedom, for a more or less libertarian educational system. It argues that serious socialism must be concerned with constitutional issues, and especially with issues of decentralization, on the one hand, and the protection of individuals against maladministration, on the other.Less
This chapter examines whether socialism may be more consistent with liberty than capitalism is. It concentrates on two issues, one related to property and the other to education. It first considers whether the abolition of private property rights in the means of production would in itself be an assault on freedom. Some defenders of socialism, as well as its critics, think of socialism as the search for justice, welfare, or fraternity at the expense of freedom—or “bourgeois freedoms.” The chapter proceeds by discussing whether a “no-ownership” regime would allow room for greater or lesser intellectual freedom, for a more or less libertarian educational system. It argues that serious socialism must be concerned with constitutional issues, and especially with issues of decentralization, on the one hand, and the protection of individuals against maladministration, on the other.
Cees van Dam
- Published in print:
- 2007
- Published Online:
- January 2010
- ISBN:
- 9780199227679
- eISBN:
- 9780191710414
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199227679.003.0009
- Subject:
- Law, EU Law
Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law ...
More
Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law (public law) on the one hand and tort law on the other. If a nursery uses banned pesticides, or an engineer installs wires contrary to health and safety rules, or someone builds a house without proper licences, they violate statutory duties. In principle, such a violation gives rise to liability for the damage caused which means that, in all their variety, statutory rules are an important basis for establishing liability. However, the legal systems in Europe deal with this basis for liability in different ways. This chapter looks at how violation of a statutory rule is treated in the legal systems of France, England, and Germany; liability for breach of European Community law, and private right of action.Less
Liability cannot only be based on the violation of an unwritten rule but also on the violation of written, statutory, rule. This chapter shows the relationship between criminal and administrative law (public law) on the one hand and tort law on the other. If a nursery uses banned pesticides, or an engineer installs wires contrary to health and safety rules, or someone builds a house without proper licences, they violate statutory duties. In principle, such a violation gives rise to liability for the damage caused which means that, in all their variety, statutory rules are an important basis for establishing liability. However, the legal systems in Europe deal with this basis for liability in different ways. This chapter looks at how violation of a statutory rule is treated in the legal systems of France, England, and Germany; liability for breach of European Community law, and private right of action.
Hanoch Dagan
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199890699
- eISBN:
- 9780199367689
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199890699.003.0007
- Subject:
- Law, Philosophy of Law
This chapter examines the relationship between rights and remedies. Remedies serve as instruments of rights enforcement as well as participate in the constitution of the rights they help enforce. ...
More
This chapter examines the relationship between rights and remedies. Remedies serve as instruments of rights enforcement as well as participate in the constitution of the rights they help enforce. Although institutional reasons bring about certain gaps between the content of rights and the judicial response to their infringement, the constitutive role of remedies introduces significant subtlety into the domain of rights. Thus, the choice of different remedies, as well as the possibility of incorporating qualifications, limitations, and even obligations, allows private law to accommodate qualitative distinctions between different types of rights. The chapter also highlights the multiplicity of private law rights. By appreciating the multiplicity of private law and the normative value of the choices on which it relies, private law theory can better understand the order embedded in this complex legal mosaic and, perhaps, even contribute to its improvement.Less
This chapter examines the relationship between rights and remedies. Remedies serve as instruments of rights enforcement as well as participate in the constitution of the rights they help enforce. Although institutional reasons bring about certain gaps between the content of rights and the judicial response to their infringement, the constitutive role of remedies introduces significant subtlety into the domain of rights. Thus, the choice of different remedies, as well as the possibility of incorporating qualifications, limitations, and even obligations, allows private law to accommodate qualitative distinctions between different types of rights. The chapter also highlights the multiplicity of private law rights. By appreciating the multiplicity of private law and the normative value of the choices on which it relies, private law theory can better understand the order embedded in this complex legal mosaic and, perhaps, even contribute to its improvement.
Mel A. Topf
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199756766
- eISBN:
- 9780199918898
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756766.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter highlights the advising justices’ extraordinary, probably unique, animosity toward their advisory opinion duty, expressing an often open reluctance to advise, even when required by the ...
More
This chapter highlights the advising justices’ extraordinary, probably unique, animosity toward their advisory opinion duty, expressing an often open reluctance to advise, even when required by the state’s constitution, and sometimes expressing outright hostility toward the duty. This chapter shows that it was out of this animosity that a jurisprudence of advisory opinions developed. This chapter tracks the history of this development and its relation to the animosity in all the advisory opinion states. It then reviews the chief principles and elements of that jurisprudence, including the nonbinding doctrine (advisory opinions do not have the legal force of a binding decision) and the chief restrictions on when the justices will advise, and the interpretive standards they will apply—for example, their strict construction of the advisory opinion provisions and their prohibition on advising on private rights.Less
This chapter highlights the advising justices’ extraordinary, probably unique, animosity toward their advisory opinion duty, expressing an often open reluctance to advise, even when required by the state’s constitution, and sometimes expressing outright hostility toward the duty. This chapter shows that it was out of this animosity that a jurisprudence of advisory opinions developed. This chapter tracks the history of this development and its relation to the animosity in all the advisory opinion states. It then reviews the chief principles and elements of that jurisprudence, including the nonbinding doctrine (advisory opinions do not have the legal force of a binding decision) and the chief restrictions on when the justices will advise, and the interpretive standards they will apply—for example, their strict construction of the advisory opinion provisions and their prohibition on advising on private rights.
Rosa Greaves
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199695706
- eISBN:
- 9780191741302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199695706.003.0008
- Subject:
- Law, EU Law
This chapter examines the concept of ‘distinctiveness’, as it is written under EU law. It first identifies the basic rules about the way ‘distinctiveness’ can be established. It briefly discusses the ...
More
This chapter examines the concept of ‘distinctiveness’, as it is written under EU law. It first identifies the basic rules about the way ‘distinctiveness’ can be established. It briefly discusses the solutions used by the European Court of Justice (ECJ) from resolving the national private law rights of trade mark owners with EU law to adopting the European Union Trade Mark (EUTM) Regulation. It reveals that under EU law, a mark should be considered as ‘distinctive’ before it can be registered as a trade mark. The rest of chapter studies cases that used tests that help determine the ‘distinctiveness’ of combined words.Less
This chapter examines the concept of ‘distinctiveness’, as it is written under EU law. It first identifies the basic rules about the way ‘distinctiveness’ can be established. It briefly discusses the solutions used by the European Court of Justice (ECJ) from resolving the national private law rights of trade mark owners with EU law to adopting the European Union Trade Mark (EUTM) Regulation. It reveals that under EU law, a mark should be considered as ‘distinctive’ before it can be registered as a trade mark. The rest of chapter studies cases that used tests that help determine the ‘distinctiveness’ of combined words.
David Schorr
- Published in print:
- 2012
- Published Online:
- October 2013
- ISBN:
- 9780300134476
- eISBN:
- 9780300189049
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300134476.003.0006
- Subject:
- Law, Legal History
This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles ...
More
This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles reflected in the appropriation doctrine. It then examines the classic claim that the adoption of the prior appropriation regime was a transition to a system of more specified private-property rights, driven by considerations of economic efficiency. Next, it looks at other economic explanations for the transition in property rights, especially those highlighting the inefficient institutions that may result from interest group pressure. The fourth section considers some practical, modern implications of this study. Finally, the insights gained into the history of the Colorado Doctrine are used to question conventional classifications of property regimes.Less
This concluding chapter examines several aspects of the relationship between the early history of Colorado water law and property theory. It first reviews the distributive-justice principles reflected in the appropriation doctrine. It then examines the classic claim that the adoption of the prior appropriation regime was a transition to a system of more specified private-property rights, driven by considerations of economic efficiency. Next, it looks at other economic explanations for the transition in property rights, especially those highlighting the inefficient institutions that may result from interest group pressure. The fourth section considers some practical, modern implications of this study. Finally, the insights gained into the history of the Colorado Doctrine are used to question conventional classifications of property regimes.
G. A. Cohen
Michael Otsuka (ed.)
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691148700
- eISBN:
- 9781400838660
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691148700.003.0012
- Subject:
- Philosophy, Political Philosophy
This chapter argues that to have money is (pro tanto) to have liberty. The richer you are, the more courses of action are open to you, which is to say that you are freer than you would otherwise be. ...
More
This chapter argues that to have money is (pro tanto) to have liberty. The richer you are, the more courses of action are open to you, which is to say that you are freer than you would otherwise be. Accordingly, whoever receives money as a result of redistribution thereby enjoys an enhancement of her liberty, albeit at the expense of the liberty of the person from whom it is taken, but with the net result for liberty as such entirely moot. Taxation restricts not liberty as such, but private property rights, both in external things and in one's own labor power. Whether or not such rights are deeply founded, it is ideological hocus-pocus to identify them with liberty as such, and it is entirely alien to traditional socialist belief so to construe them.Less
This chapter argues that to have money is (pro tanto) to have liberty. The richer you are, the more courses of action are open to you, which is to say that you are freer than you would otherwise be. Accordingly, whoever receives money as a result of redistribution thereby enjoys an enhancement of her liberty, albeit at the expense of the liberty of the person from whom it is taken, but with the net result for liberty as such entirely moot. Taxation restricts not liberty as such, but private property rights, both in external things and in one's own labor power. Whether or not such rights are deeply founded, it is ideological hocus-pocus to identify them with liberty as such, and it is entirely alien to traditional socialist belief so to construe them.
Ben Boer (ed.)
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780198736141
- eISBN:
- 9780191800320
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198736141.001.0001
- Subject:
- Law, Human Rights and Immigration, Environmental and Energy Law
The past few decades have seen a slow but steady convergence of certain aspects of the realms of environmental law and human rights at international and national levels. A high quality environment is ...
More
The past few decades have seen a slow but steady convergence of certain aspects of the realms of environmental law and human rights at international and national levels. A high quality environment is coming to be regarded as a necessary prerequisite for the enjoyment of some of the most fundamental human rights especially as the rights to life, health, adequate food, clean water and proper housing are also dependent on a quality environment. Each chapter of this book records some aspect of the links between environmental law and human rights in substantive and/or procedural terms. The chapters fall loosely into four themes. The first explores human rights and the environment in the context of the private sector. The second canvasses the decisions of the European and Inter-American courts in respect of substantive and procedural aspects of human rights and environmental justice. The third theme examines human rights and the environment in the Asian and Pacific regions with respect to constitutional, legislative, institutional and judicial developments on the one hand, and the issues of rights associated with various kinds of forced human displacement on the other; the final theme is about the future direction of human rights and environment. The United Nations Independent Expert’s reports on the human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment are also explored in several chapters.Less
The past few decades have seen a slow but steady convergence of certain aspects of the realms of environmental law and human rights at international and national levels. A high quality environment is coming to be regarded as a necessary prerequisite for the enjoyment of some of the most fundamental human rights especially as the rights to life, health, adequate food, clean water and proper housing are also dependent on a quality environment. Each chapter of this book records some aspect of the links between environmental law and human rights in substantive and/or procedural terms. The chapters fall loosely into four themes. The first explores human rights and the environment in the context of the private sector. The second canvasses the decisions of the European and Inter-American courts in respect of substantive and procedural aspects of human rights and environmental justice. The third theme examines human rights and the environment in the Asian and Pacific regions with respect to constitutional, legislative, institutional and judicial developments on the one hand, and the issues of rights associated with various kinds of forced human displacement on the other; the final theme is about the future direction of human rights and environment. The United Nations Independent Expert’s reports on the human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment are also explored in several chapters.
Ilya Somin
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780226256603
- eISBN:
- 9780226256740
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226256740.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter describes the massive political backlash generated by the Kelodecision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls showed ...
More
This chapter describes the massive political backlash generated by the Kelodecision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls showed that over 80% of the public opposed the ruling, a sentiment that cut across racial, partisan, and ideological lines. A record 45 states adopted eminent domain reform laws in the wake of the decision, as did the federal government. But while some of these laws were strong and effective, a majority provided little if any meaningful new protection for property owners. Many banned takings for “economic development,” but continued to permit very similar “blight” condemnations, under definitions of blight so broad that virtually any area could be declared blighted and subject to condemnation. However, state reforms enacted by referendum tended to be much stronger than those enacted through the regular legislative process.Less
This chapter describes the massive political backlash generated by the Kelodecision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls showed that over 80% of the public opposed the ruling, a sentiment that cut across racial, partisan, and ideological lines. A record 45 states adopted eminent domain reform laws in the wake of the decision, as did the federal government. But while some of these laws were strong and effective, a majority provided little if any meaningful new protection for property owners. Many banned takings for “economic development,” but continued to permit very similar “blight” condemnations, under definitions of blight so broad that virtually any area could be declared blighted and subject to condemnation. However, state reforms enacted by referendum tended to be much stronger than those enacted through the regular legislative process.
Ilya Somin
- Published in print:
- 2016
- Published Online:
- September 2017
- ISBN:
- 9780226422169
- eISBN:
- 9780226456829
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226456829.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter describes the massive political backlash generated by the Kelo decision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls ...
More
This chapter describes the massive political backlash generated by the Kelo decision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls showed that over 80% of the public opposed the ruling, a sentiment that cut across racial, partisan, and ideological lines. A record 45 states adopted eminent domain reform laws in the wake of the decision, as did the federal government. But while some of these laws were strong and effective, a majority provided little if any meaningful new protection for property owners. Many banned takings for “economic development,” but continued to permit very similar “blight” condemnations, under definitions of blight so broad that virtually any area could be declared blighted and subject to condemnation. However, state reforms enacted by referendum tended to be much stronger than those enacted through the regular legislative process.Less
This chapter describes the massive political backlash generated by the Kelo decision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls showed that over 80% of the public opposed the ruling, a sentiment that cut across racial, partisan, and ideological lines. A record 45 states adopted eminent domain reform laws in the wake of the decision, as did the federal government. But while some of these laws were strong and effective, a majority provided little if any meaningful new protection for property owners. Many banned takings for “economic development,” but continued to permit very similar “blight” condemnations, under definitions of blight so broad that virtually any area could be declared blighted and subject to condemnation. However, state reforms enacted by referendum tended to be much stronger than those enacted through the regular legislative process.
Lucas Lixinski
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679508
- eISBN:
- 9780191758546
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679508.003.0005
- Subject:
- Law, Public International Law, Law of Obligations
This chapter is the first in the second part of the book, focusing on remedies for ICH safeguarding. The chapter focuses specifically on the potentials and pitfalls of using international human ...
More
This chapter is the first in the second part of the book, focusing on remedies for ICH safeguarding. The chapter focuses specifically on the potentials and pitfalls of using international human rights law to safeguard intangible heritage. The chapter argues that, while human rights law is a useful tool, to the extent the protection of intangible heritage is often justified in relation to cultural identity, it disregards the important group dimension of ICH. It looks at case law from regional courts and UN treaty bodies with respect to cultural identity issues to enquire whether international human rights adjudication can be used as a means to redress harm to intangible cultural heritage. Cultural identity issues are dealt with not only as an autonomous right, but also with respect to rights such as freedom of expression, freedom of religion, equality, and the right to private and family life, among others.Less
This chapter is the first in the second part of the book, focusing on remedies for ICH safeguarding. The chapter focuses specifically on the potentials and pitfalls of using international human rights law to safeguard intangible heritage. The chapter argues that, while human rights law is a useful tool, to the extent the protection of intangible heritage is often justified in relation to cultural identity, it disregards the important group dimension of ICH. It looks at case law from regional courts and UN treaty bodies with respect to cultural identity issues to enquire whether international human rights adjudication can be used as a means to redress harm to intangible cultural heritage. Cultural identity issues are dealt with not only as an autonomous right, but also with respect to rights such as freedom of expression, freedom of religion, equality, and the right to private and family life, among others.
Roxana Banu
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198819844
- eISBN:
- 9780191860102
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198819844.003.0006
- Subject:
- Law, Private International Law
This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference ...
More
This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference and whether one portrays an individualistic or a relational image of the transnational agent. It outlines the differences between early nineteenth-century individualistic theories, late nineteenth century state-centered rights theories, and the nineteenth-century relational internationalist perspective introduced in Chapter 2. The chapter suggests that historically the misrecognition of individuals and their pleas for justice was a corollary to the state-centered internationalist position under the private-public international law association. It further argues that relational internationalist theorists tried to create a cross-reference between individual reasonable expectations and larger sociopolitical considerations. Such theories emphasized a spectrum from liberty to social responsibility, based on their differentiation and analysis of the various types of private law relationships in the transnational realm.Less
This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference and whether one portrays an individualistic or a relational image of the transnational agent. It outlines the differences between early nineteenth-century individualistic theories, late nineteenth century state-centered rights theories, and the nineteenth-century relational internationalist perspective introduced in Chapter 2. The chapter suggests that historically the misrecognition of individuals and their pleas for justice was a corollary to the state-centered internationalist position under the private-public international law association. It further argues that relational internationalist theorists tried to create a cross-reference between individual reasonable expectations and larger sociopolitical considerations. Such theories emphasized a spectrum from liberty to social responsibility, based on their differentiation and analysis of the various types of private law relationships in the transnational realm.
Laura J. Hatcher
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780199260744
- eISBN:
- 9780191698675
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199260744.003.0021
- Subject:
- Law, Philosophy of Law
A conservative movement in the United States which was mainly concerned with the protection of private property rights emerged during the 1970s and was able to attain grassroots support a decade ...
More
A conservative movement in the United States which was mainly concerned with the protection of private property rights emerged during the 1970s and was able to attain grassroots support a decade after. As there may have been people who were not without wealth and political significance such as James Barker and Richard Epstein who actively participated and were involved with such a movement, the chapter also observes that this movement possessed a grassroots element whose basis relied much on the western part of the United States. Although that description may entail difficulty in setting such situations within the social-movement literature, this description also presents the opportunity to examine the relationships between ideology-producing ideas, material interests, and actions. This chapter illustrates a framework for analyzing the property rights movement that involves a constitutive analysis of various pastoral ideas and legal forms.Less
A conservative movement in the United States which was mainly concerned with the protection of private property rights emerged during the 1970s and was able to attain grassroots support a decade after. As there may have been people who were not without wealth and political significance such as James Barker and Richard Epstein who actively participated and were involved with such a movement, the chapter also observes that this movement possessed a grassroots element whose basis relied much on the western part of the United States. Although that description may entail difficulty in setting such situations within the social-movement literature, this description also presents the opportunity to examine the relationships between ideology-producing ideas, material interests, and actions. This chapter illustrates a framework for analyzing the property rights movement that involves a constitutive analysis of various pastoral ideas and legal forms.
R. W. Kostal
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198265672
- eISBN:
- 9780191682926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198265672.003.0005
- Subject:
- Law, Legal History
In the span of only twenty-five years, 1825 to 1850, Parliament equipped scores of steam railway companies with the legal power to compel the sale of tens of thousands of acres of privately held ...
More
In the span of only twenty-five years, 1825 to 1850, Parliament equipped scores of steam railway companies with the legal power to compel the sale of tens of thousands of acres of privately held English real property. While in the 1830s railways remained a relatively humble experiment, by the mid-century they ‘had got into their possession a very considerable portion of the entire surface of the country’. The railway movement brought about the most dramatic infringement of private property rights in England since the Civil War. Few estates, including those of the nobility, were entirely safe from what contemporary observers justly referred to in the 1840s as the railway ‘invasion’ of the land. The acquisition of land by the burgeoning railway industry of the 1840s engendered yet another large and lucrative sphere of opportunity for both branches of the English legal profession. The sustained and often acrimonious conflict between landowners and land-hungry railway companies was permeated and mediated by lawyers, legal processes, and ideas.Less
In the span of only twenty-five years, 1825 to 1850, Parliament equipped scores of steam railway companies with the legal power to compel the sale of tens of thousands of acres of privately held English real property. While in the 1830s railways remained a relatively humble experiment, by the mid-century they ‘had got into their possession a very considerable portion of the entire surface of the country’. The railway movement brought about the most dramatic infringement of private property rights in England since the Civil War. Few estates, including those of the nobility, were entirely safe from what contemporary observers justly referred to in the 1840s as the railway ‘invasion’ of the land. The acquisition of land by the burgeoning railway industry of the 1840s engendered yet another large and lucrative sphere of opportunity for both branches of the English legal profession. The sustained and often acrimonious conflict between landowners and land-hungry railway companies was permeated and mediated by lawyers, legal processes, and ideas.
David Schorr
- Published in print:
- 2012
- Published Online:
- October 2013
- ISBN:
- 9780300134476
- eISBN:
- 9780300189049
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300134476.001.0001
- Subject:
- Law, Legal History
Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical ...
More
Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. It describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. The book demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice.Less
Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. It describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. The book demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice.
