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This book analyzes William of Ockham's early theory of property rights alongside those of his fellow dissident Franciscans, paying careful attention to each friar's use of Roman and civil law, which provided the conceptual building blocks of the poverty controversy.

A Critical analysis of the response of the ECtHR to the continuing violations of the rights to property and home of the Cyprus IDPs under ECHR general and specific jurisprudence, on Article 1 Protocol No. 1 and Article 8, as it has developed over the last 40 years.

An in-depth examination of one of the defining issues that separates capitalism from socialism - the system of ownership, or property rights - which, when explored, highlight fundamental problems in the model of market socialism.

Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture.

Property is a complex phenomenon comprising cultural, social, and legal rules. During the twentieth century, property rights in land suffered massive interference in Central and Eastern Europe. The promise of universal and formally equal rights of land ownership, ensuring predictability of social processes and individual autonomy, was largely not fulfilled. The national appropriation of property in the interwar period and the communist era represent an onerous legacy for the postcommunist (re)construction of a liberal-individualist property regime. However, as the scholars in this collection show, after the demise of communism in Eastern Europe property is again a major factor in shaping individual identity and in providing the political order and culture with a foundational institution. This volume analyzes both historical and contemporary forms of land ownership in Poland, Romania, and Yugoslavia in a multidisciplinary framework including economic history, legal and political studies, and social anthropology.

Russian rural history has long been based on a 'Peasant Myth', originating with nineteenth-century Romantics and still accepted by many historians today. In this book, Tracy Dennison shows how Russian society looked from below, and finds nothing like the collective, redistributive and market-averse behaviour often attributed to Russian peasants. On the contrary, the Russian rural population was as integrated into regional and even national markets as many of its west European counterparts. Serfdom was a loose garment that enabled different landlords to shape economic institutions, especially property rights, in widely diverse ways. Highly coercive and backward regimes on some landlords' estates existed side-by-side with surprisingly liberal approximations to a rule of law. This book paints a vivid and colourful picture of the everyday reality of rural Russia before the 1861 abolition of serfdom.

When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

This volume presents ten studies on Kant's \"Naturrecht Feyerabend\", which emphasize the special significance of this transcription, especially for the development of his critical moral philosophy. Dieser Band enthält zehn Studien zu Kants ,,Naturrecht Feyerabend\", die die besondere Bedeutung dieser Nachschrift vor allem für die Entwicklung seiner kritischen Moralphilosophie herausstellen.

How can property rights be protected and contracts be enforced in countries where the rule of law is ineffective or absent? How can firms from advanced market economies do business in such circumstances? InLawlessness and Economics, Avinash Dixit examines the theory of private institutions that transcend or supplement weak economic governance from the state. In much of the world and through much of history, private mechanisms--such as long-term relationships, arbitration, social networks to disseminate information and norms to impose sanctions, and for-profit enforcement services--have grown up in place of formal, state-governed institutions. Even in countries with strong legal systems, many of these mechanisms continue under the shadow of the law. Numerous case studies and empirical investigations have demonstrated the variety, importance, and merits, and drawbacks of such institutions. This book builds on these studies and constructs a toolkit of theoretical models to analyze them. The models shed new conceptual light on the different modes of governance, and deepen our understanding of the interaction of the alternative institutions with each other and with the government's law. For example, one model explains the limit on the size of social networks and illuminates problems in the transition to more formal legal systems as economies grow beyond this limit. Other models explain why for-profit enforcement is inefficient. The models also help us understand why state law dovetails with some non-state institutions and collides with others. This can help less-developed countries and transition economies devise better processes for the introduction or reform of their formal legal systems.

This book surveys the leading modern theories of property – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing – and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.