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Proprietary Rights and Self‐Command

Attracta Ingram

in A Political Theory of Rights

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279631
eISBN:
9780191599545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279639.003.0004
Subject:
Political Science, Political Theory

This chapter discusses the conceptual inadequacy of the whole proprietary approach to rights. It argues that the concept of a right cannot be reduced to the conception of rights under capitalism, ... More


Redefinition of Intellectual Property: The Control of Content

Shalini Venturelli

in Liberalizing the European Media: Politics, Regulation, and the Public Sphere

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198233794
eISBN:
9780191678998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198233794.003.0006
Subject:
Literature, Film, Media, and Cultural Studies

This chapter attempts to present a clear-cut examination and detailed analysis of the direction of the policies in the information society for content regulation, ownership, intellectual property ... More


PROPERTY: GENERAL PRINCIPLES

William Swadling

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0004
Subject:
Law, Law of Obligations, Company and Commercial Law

The law of property is concerned with certain types of rights between persons with respect to things, those things being either land or goods, and those rights being proprietary rather than personal. ... More


Constructing a Theory of Rights: Building in Conversational Constraints

Attracta Ingram

in A Political Theory of Rights

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198279631
eISBN:
9780191599545
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198279639.003.0007
Subject:
Political Science, Political Theory

The conception of autonomy described in the previous chapter yields interconnected norms of Equal Respect, Reasonableness, Generality, Symmetry, Secularity, and Universality. The interpretation of ... More


Restitutionary Claims and Remedies to Vindicate Property Rights

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0022
Subject:
Law, Law of Obligations, Company and Commercial Law

Once a claimant has established that he or she has a legal or equitable proprietary interest which can be followed or traced into property which had been received by the defendant, the claimant can ... More


Participatory Public Space: A Post-Liberal Framework

Shalini Venturelli

in Liberalizing the European Media: Politics, Regulation, and the Public Sphere

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198233794
eISBN:
9780191678998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198233794.003.0004
Subject:
Literature, Film, Media, and Cultural Studies

This chapter constructs a diagram and framework for a participatory public space. It opens a discussion on the application of the concept of a participatory diagram of public space and a detailed and ... More


Illegality

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0026
Subject:
Law, Law of Obligations

All restitutionary claims, regardless of the underlying cause of action, are subject to a defence of illegality. This stems from the fundamental principle of law, known as ex turpi causa non oritur ... More


Enrichment

Peter Birks

in Unjust Enrichment

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.003.0003
Subject:
Law, Law of Obligations

Enrichment at the expense of another is neutral in itself. This chapter asks only whether the defendant was enriched. A conclusion that the recipient was not enriched puts an end to the inquiry. The ... More


Limitation Periods and Laches

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0028
Subject:
Law, Law of Obligations

For reasons of public policy, most civil actions are subject to a time bar whose effect is that, once a particular period of time has passed, the defendant can no longer be sued on that particular ... More


At the Expense of the Claimant

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0005
Subject:
Law, Law of Obligations

Where the claimant wishes to obtain restitution from the defendant on the ground of unjust enrichment, it is not enough to show that the defendant has been enriched in circumstances which fall within ... More


July 2007: High Road, Low Road

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0033
Subject:
Law, Family Law

Discusses the English House of Lords decision of Stack v Dowden [2007] 2 AC 432 which was a claim for property division between ex-cohabitants. The case was decided under the common law since England ... More


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