Private Property Rights Research Articles

Don’t forget institutions: a review essay of The Economics of Prosperity

AbstractExchange, division of labor, technology, capital accumulation, and entrepreneurship all contribute to economic growth. In The Economics of Prosperity, Ritenour explains how each of these concepts allow countries to develop and flourish. This book attempts to provide an extensive survey of Austrian literature surrounding development, while still preserving the author’s opinions around debated issues such as the person and function of the entrepreneur. Ritenour also takes the institution of secure private property rights as a given. This paper argues that strong private property rights must precede any discussion of exchange and specialization, particularly because exchange presupposes ownership. The ruler or ruling elites have to concede some power and uphold a strict rule of law to protect private property rights. Additionally, this paper also extends the discussion to cultural and institutional factors behind innovation and economic development, instead of relying on the Weberian work ethic to explain the Industrial Revolution. In short, economic growth requires good economic principles.

Re-visiting copyright: is there a way to tackle selective enforcement and non-contextual algorithmic takedowns? A discussion through the lens of internet meme culture

ABSTRACT Internet memes, a bourgeoning form of communication, resemble accessory elements of language. However, internet memes are conceptually complex. Their collective re-creative process relies heavily on copying underlying works, usually without asking for prior-permission from their rightsholders. Internet memes challenge core copyright assumptions on reasons of re-creation and modes of exploitation. Without a fundamental rethink of this mismatch, internet meme culture may be threatened. Going forward, copyright reforms should be holistic and distinguish between traditional and newer forms of re-creative processes. This article proposes that existing copyright can be flexibly interpreted to limit private property rights of underlying works and meme variations when they are used as internet memes, so as to facilitate their adaptation and support socio-cultural discourse. This article proposes a two-step holistic interpretation: copyright can conceptualise and confer limited rights for underlying works and meme variations when they are copied and re-used as internet memes. Copyright can also conceptualise a narrower scope of property rights by flexibly interpreting a combination of fundamental notions, including joint authorship, fair dealing, idea-expression, or user rights. This holistic approach sits comfortably with user-creators and their blurry cultural production-consumption patterns, alongside their nuanced (non)economic use of internet memes.

Features of performing parental duties under French family law

In the paper the author conducted a scientific study of the peculiarities of the performance of parental duties under the family law of the French Republic. It is noted that the French Civil Code uses the concepts of "parental authority" and "parental authority" to define the set of personal non-property and property rights of parents in the legal relationship between parents and children. French family law defines parental authority as a set of rights and obligations aimed at ensuring the best interests of the child. Parental authority belongs to the parents until the child reaches the age of majority or emancipation, for the purpose of protecting the child, ensuring the protection of his safety, health, protection of private life and his morality, ensuring his education and development, provided that the child is involved in making decisions related to exercise of parental authority, in accordance with the degree of maturity and age of the child; it cannot be carried out with the use of physical or psychological violence against the child. The main requirements for the exercise of parental authority (parental authority) by French family law are the proportionality of its exercise by each parent in accordance with the capabilities of each parent and the needs of the child); their joint implementation by both parents, unless otherwise established by a court decision in family matters; the emergence of parental rights and obligations on the basis of marriage and the birth of a child in it or within a year after the dissolution of the marriage, on the basis of a joint statement or a court decision in family matters; their termination in case of recognition of the father or mother as incapable, deprivation of parental rights or death; changing the conditions of their implementation by one of the parents is subject to prior and timely informing of the other parent and agreement with him. French family law defines the possibility of transferring (delegating) parental authority to a third party, a family member or trusted relative, a childcare facility or a departmental service for children at the request of the parents, a person, an institution or a service where the child is (while transferring (delegating) is not subject to the right of parents to consent to the adoption of a minor child). According to the French Civil Code, such management is carried out jointly by both parents, and in the case that parental authority is exercised by one of the parents - by the parent who exercises it.

Understanding the Local Complexities in Land Law Reforms: The Case of Land Inalienability in Ethiopia, 1991–2018

Abstract Postcolonial governments often restrict the market alienability of land rights for various policy reasons. One policy aims to treat all citizens equivalently and safeguard vulnerable social communities equally, as an unrestrained land market could allow one affluent social group to buy out one that is less affluent. Another policy is to set a standard that is easy to apply in the same way in every case, as a bright-line rule banning land alienation is simpler to administer than a standard that requires case-by-case considerations. Today, in Ethiopia, such laws face opposition from proponents of a free market economy and private property rights. Thus, international development institutions and influential Ethiopians are spearheading an ambitious reform to Ethiopia’s post-socialist law that bans land alienability, arguing that the law has impeded social and economic progress. This article shows, however, that the legal ban has never prevented land transfers. Many people have utilized legal constructs such as gifts, bequests, loans, and leases to sell their land. Such transfers have circumvented the ban amidst aggressive land expropriation by the state and other agents. These intricate local and national dynamics undercut the misleading sense of regularity created by the inalienability law, raising serious questions about the persistent demand by international development institutions to privatize land rights and create land markets through law reform without paying close attention to the lived experiences at the local level.

The fate of encumbrances upon the termination of private property rights of persons associated with unfriendly countries in the Republic of Crimea

The fate of encumbrances upon the termination of private property rights of persons associated with unfriendly countries in the Republic of Crimea

Penyelesaian Sengketa Terhadap Hak Guna Bangunan Atas Tanah Milik Orang Lain

The purpose of writing this article is to explain the issues that often arise in conflicts over building use rights over private property rights. The abstract talks about efforts to resolve disputes. The National Land Agency (BPN) offers non-litigation through mediation services or through other dispute resolution channels. Land ownership is the main issue in the dispute resolution process. Land ownership certificates are a strong source of evidence, but can be revoked if the opposing party has stronger proof of ownership.

Elite persistence in Sierra Leone: What can names tell us?

Is elite persistence weaker in Africa than in other parts of the world, given historical barriers to intergenerational inheritance of status, such as limited private property rights and frequent economic and political crises? In the absence of linked intergenerational data, we use name analysis to address this question. Using surnames associated with two Sierra Leonean elites, Krio descendants of settlers and members of chiefly lineages, we measure elite persistence in politics, education and business since 1960. Both groups were highly overrepresented in elite positions at independence, and remain overrepresented today. Benchmarking our results against other countries shows that Sierra Leone's educational elites are as persistent as elsewhere, but elite persistence in the political sphere is lower than in the United Kingdom, our main comparator. We also show marked path dependence: chiefly descendants remain more overrepresented in politics and mining, while the Krio are highly over-represented in education and the professions.

Cultural dissonance: heritage protests and their implications for heritage-making in settler colonial cities

ABSTRACT Heritage-making’s intrinsic dissonance has been thoroughly established in the field of critical heritage studies, and yet it is a reality that continues to be obscured in heritage practice in settler colonial cities. Authorised heritage discourse continues to project existing state-led systems of heritage-making as a self-evident ‘public good’ for current and future generations. In settler colonial cities, this increasingly includes attempts to incorporate Indigenous views and values into its framing. However, existing statutory processes that uphold normative approaches prove resilient to change. Continued prioritisation of tangible artefact amid private property rights impairs the heritage field’s ability to acknowledge alternative possibilities and to genuinely engage in decolonising transformation. This paper examines three cases where heritage dissonance has erupted into protest and protection action outside of the authorised heritage discourse: the Old Swan Brewery in Perth, Western Australia; Ihumātao in Auckland, New Zealand; and the West Berkeley Shellmound in Berkeley, California. It analyses the contestation of values that led to protest action, what ‘authorised’ attempts were made to heritagise each case and to what result. In so doing, the paper demonstrates how existing processes of statutory heritage-making continue to be inadequate for Indigenous and emerging heritage aspirations.

The contradicting state of urban housing and neoliberal policy in India: a macro analysis

The paper evaluates the adaptation of neoliberal policies in the Indian urban housing policy sector. While completing the objectives of this paper, the article also appraises the expression of neoliberalism as it unfolds in the literature. Neoliberalism is considered a loose set of philosophical, institutional, and political principles to safeguard individual and collective freedom like private property rights, goods and services exchange, movement of capital and labor, etc. Neoliberal policies promote open markets and trade to unbound creative potentials and entrepreneurial skills through efficient utilization of resources and upbringing of human well-being. In a neoliberal regime, cities compete to attract talented people, capital, and resources to achieve newer economic and social benchmarks. However, the constant pursuit of excessive achievements lets some negativities grow within. Large-scale inequality, deprivation, social unrest, and meager quality of life affect the sustainable and holistic development of seemingly most developed cities worldwide. Referring to literature from social sciences, urban planning, and development studies, this paper focuses on the consequences of neoliberalism and its impact on urban housing in India.

Research on the Constituent Elements of Regulatory Collection

Regulatory expropriation refers to that although the government did not make a clear expropriation and requisition of the citizens 'private property, but due to the needs of public interests, the citizens' private property rights are restricted to a certain extent and should give appropriate compensation. At present, there is no relevant law on regulated expropriation in China, but due to the substantive use of land by administrative organs, the damage to the rights and interests of the regulated persons and the disputes increase. But in judicial practice, the court's judgment has reflected the constitutive elements of regulatory collection, clear regulatory collection should have the purpose of the public interest, the fact of impaired rights, control process, fair compensation of the four elements, absorb the kernel of the typical case, and promote the judicial application, safeguard the interests of the individual.

“Land Without Identifiable Ownership” in the Post-East Japan Earthquake Recovery: Lawful Land-Grabbing in Neoliberal Japan

AbstractThis paper, with a focus on the status of tsunami disaster victims affected by the 2011 East Japan Earthquake, investigates into the status of private property rights in facing with the reviving legal instrumentalism in Japan, under the campaign of land law reform for the elimination of “land without identifiable owners” in the name of facilitating the disaster recovery, by means of the “special zone” method or the designation of lawless areas where the normal time law is excluded, with the particularly targeted area for such exclusion being the constitutional requirements of due process and fair compensation in public taking. Under the extraordinary setting of absolute majority of conservative party at the National Diet in the aftermath of the 2011 great disaster, legislations in Japan during this decade have been characterized by a manifestation of neo-liberal policy, driving the entire Japanese legal system into a corner. Facts observed in present Japanese society are not different from those observed in other authoritarian regimes in Asia, including the phenomenon of “land grabbing” by the governmental projects, which Asia once experienced a century ago for the colonial land enclosure by “wasteland management.”

Regulatory islands: a case study in tactical community zoning

Despite the clear environmental and economic benefits of denser forms of housing, the ability to construct such housing remains elusive. Restrictive zoning policies and local coalitions of Not in My Backyard activists make the construction of dense housing within established neighbourhoods a near impossibility in jurisdictions throughout the United States. The purpose of this article is to illustrate how architects might leverage community coalition building and the critical interpretation or ‘hacking’ of local zoning ordinances to realise dense, infill housing projects even within otherwise highly conservative policy environments. Using Pier Vittorio Aureli’s history of settlement form and property rights as an initial contextual framework, the article outlines how infill housing might adopt an alternate view of housing development, subverting the primacy typically assigned to individual private property rights and financial speculation. Sited on an infill lot within one of Lincoln, Nebraska’s older neighbourhoods, the project relies on a non-normative, strategic implementation of a Community Unit Plan zoning mechanism to enlist neighbourhood support and establish higher levels of allowable density. This, in combination with the implementation of a Community Land Trust, allows the project to introduce a greater quantity and diversity of housing types that offer possibilities for home ownership, affordable rental opportunities and even temporary or supportive housing in areas historically dedicated solely to single-family housing models. Ultimately, the significance of the project rests not in its formal novelty but in its demonstration of an immediate and attainable means through which denser forms of housing might be realised.

Saving Scarce Species from Extinction through Free Enterprise

Clearly defined private property rights allow owners to calculate their profits and losses. Ownership, therefore, enables the rational allocation of scarce capital toward profitable ends. Production of biological organisms are not exceptions to economic calculation. If the present prohibitions on the mass production of rare living creatures were repealed, profit-seeking entrepreneurs might choose to mass produce so-called endangered species on a competitive market. Naturally, some of the resulting non-human, living pieces of private property might well trespass, attack, and predate on the properties of other enviropreneurs. Staving off extinctions through a free-market approach to declining biodiversity would require a new legal framework. Indeed, well-defined property rights in privately owned fauna and flora would become an essential lynchpin in the legalized market of rare animal and plant production. The author offers some starting points toward a laissez faire capitalist structure of property rights principles under the law to increase incentives toward greater production of commodifiable species.

PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI KEKAYAAN INTELEKTUAL TERHADAP PENGRAJIN SONGKET BALI DI KLUNGKUNG, SEMARAPURA

Intellectual property protection is to provide legal protection for the ownership of public and private intellectual property rights, which is the basis of the development of the creative economy and makes an important contribution to the development of the country. As a developing country, Indonesia must be able to take appropriate steps to anticipate all changes and developments as well as global trends in order to achieve national goals. The purpose of this study is to determine the protection of Intellectual Property Rights for Songket Fabric Industrial Rights in Klungkung Village Bali and to find out the Registration of Intellectual Property Rights for Songket Fabric Industrial Rights The research method used is legally empirical, namely through the use of laws in terms of norms or Dassault Symphony and social reality, cultural, or Dassian. The results showed that Balinese songket cloth can obtain Intellectual Property Rights, especially Industrial Design Rights.

All Aboard: Understanding Property Rights in Texas After Texas Central

Our forefathers intended the United States Bill of Rights to protect individuals from government overreach. Specifically, the Fifth Amendment, as applied to the States via the Fourteenth Amendment, in part protects individuals from unnecessary takings. Eminent domain authority—its more common name—has long been recognized as a power to be used cautiously and only when necessary. Although most often associated with government exercise, states are permitted to grant this unyielding authority to private entities via their state constitutions and statutes. Despite Texas serving as a beacon for individual property rights, the Texas Supreme Court’s recent decision in Miles v. Texas Central Railroad & Infrastructure, Inc. creates concern for the future of private property rights in Texas. This Note reviews the history of mass transportation in Texas, highlights eminent domain law, analyzes the recent decision, and points out the negative consequences likely to follow.

Legal nature of marital relations: theory and practice

The family is the primary and main center of society. The family is the main institution of society. In turn, the institution of the family includes many more private institutions, namely the institution of marriage, the institution of kinship, the institution of motherhood and fatherhood, the institution of property, the institution of social protection of childhood and guardianship, and others.
 Marriage is an institution that regulates the relationship between a man and a woman. It is marriage in human society that is considered the only acceptable, socially approved and legally established form.
 Marriage is the family union of a woman and a man, registered in the state registry of civil status acts. Persons who have reached marriageable age have the right to marry. Marriage is based on the free consent of a woman and a man.
 The religious rite of marriage takes place now everywhere in Ukraine. The spiritual majesty of the temple or even the smallest church with church singing, crowns on the heads of the bride and groom, kind parting words of the priest - all this makes the wedding an unforgettable event in life. However, the religious rite of marriage has no legal significance. The religious rite of marriage, as before, does not create the rights and obligations of a spouse, remaining a personal matter of a woman and a man. Persons who, after the wedding, live together without registering a marriage have the status of a family, but do not have the legal status of spouses.
 Legal regulation of family relations is the main task of the Family Code of Ukraine, which defines the principles of marriage, personal non-property and property rights and obligations of spouses, the grounds for their origin, the content of personal non-property and property rights and obligations of parents and children, adopters and adoptees, other members family and relatives.
 Family relations are regulated by the Family Code of Ukraine with the aim of strengthening the family as a social institution and as a union of specific persons, establishing a sense of duty to parents, children and other family members, building family relations on the basis of parity, on feelings of mutual love and respect, mutual help and support, providing each child with family upbringing, the possibility of spiritual and physical development.
 A marriage is terminated as a result of its dissolution by joint application of the spouses or one of them. A marriage is terminated as a result of its dissolution by a joint application of the spouses on the basis of a court decision. A marriage is terminated as a result of its dissolution at the request of one of the spouses on the basis of a court decision in accordance with the Family Code of Ukraine.

A balanced approach to standard-essential patent disputes: from the perspective of the sustainability of technological resources

Standard-essential patents (SEPs) are closely linked to technical standards and have the nature of public products. The combination of patents as private property rights with technical standards as public goods magnifies the exclusivity of patent rights, may hinder the application of technical standards and gives rise to a large number of legal disputes. Two solutions have been developed to alleviate this tension: a strong protection model that emphasizes the property rights nature of patents and a sharing model that emphasizes the public goods nature of technology standards. However, both options are detrimental to the efficiency of the allocation of technological resources and have led to conflicts in judicial decisions worldwide. To reconcile such conflicts, the courts should interpret the fair, reasonable and non-discriminatory principle flexibly according to the status of the parties to re-establish an equal relationship between SEP holders and technical standard implementers, thereby promoting the parties’ voluntary conclusion of patent licensing contracts. Effective measures include strengthening the obligation to negotiate licences between SEP holders and technical standard implementers and applying the principle of good faith to avoid ‘patent blackmail’ by patent holders and ‘reverse blackmail’ by technical standard implementers. Moreover, courts should be careful when deciding whether to adjudicate global licensing matters between parties to avoid judicial deadlock. These measures will ultimately contribute to the sustainability of technological resource creation and exploitation.

Love of variety and the welfare effects of trade in renewable resources

We analyze welfare effects of trade in renewable resources, which is induced by consumer love of variety in resource consumption. We model two countries, one being relatively wealthy in labor and capital, the other one being relatively resource abundant. For open-access resources, we show that trade freeness benefits the country that is wealthy in labor and capital, as it improves access to a larger variety of resources, especially to those of the resource-abundant country. The resource-abundant country also benefits from improved access to variety, but due to the increased resource demand and resulting overuse, this country’s welfare may depend on trade freeness in a non-monotonic fashion. We derive conditions such that welfare first decreases and then increases when trade freeness varies from autarky to costless trade. In direct comparison, autarky may generate higher welfare than costless trade only under restrictive conditions, in particular if endowments are very asymmetric and if the love of variety effect is weak. We also consider resource harvesting under private property rights and show that only for a sufficiently low discount rate the welfare increase from trade freeness in the resource-abundant country is sustainable.

Operationalising Progressive Ideas About Property: Resilient Property, Scale, and Systemic Compromise

Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the requirements of social justice is uncontroversial in many European jurisdictions, reflecting their normative foundations in traditions of European social welfarism and Catholic social teaching. In Property Rights and Social Justice: Progressive Property in Action, Walsh foregrounds a system designed for normative hybridity, and evaluates the practical possibility of balancing commitments to social justice within a system that upholds private property rights.
 In this Article, we build on Walsh’s account to consider the implications of her insights for scholars seeking to advance progressive ideas about property in the U.S. context across three registers of scale: rhetorical, jurisdictional, and physical. Applying Resilient Property Theory (“RPT"), we reflect on how the dominance of rhetorical methods in the last half-century has foregrounded ideological conflicts between competing normative commitments in U.S. property scholarship, locating scholars seeking to advance progressive ideas about property on a battleground that has been prepared to benefit others. Building on Walsh’s approach of “widening the doctrinal lens,” we argue that RPT offers a new methodological toolkit for advancing progressive ideas about property: by widening the legal lens; widening the contextual lens; and widening the methodological lens. We argue that each of these approaches, as they engage with material and hierarchical scales, offers opportunities to identify and advocate for compromise positions between respect for private property rights and social justice considerations, enabling active political and legal engagement with normative diversity and respecting and taking seriously different legal conceptions of the good.

Owning Bodies, Owning Lands

Abstract This article presents a broad and comparative examination of property formation in the French and English plantation colonies of the Caribbean and the southern North American mainland. It considers the connections between claims to exclusive control over human beings and claims to portions of the earth's surface. In the two early modern empires, planters pushed consistently and successfully to remove social, legal, and ecological constraints that limited their full control over their human and terrestrial property. Moreover, they insisted on legally fusing fields and workers, assimilating slaves to the category of real estate for purposes of inheritance and legal liability for debt. By the mid-eighteenth century, the French and British colonies had developed precociously modern capitalist property forms. In the Age of Revolutions, ideologues from plantation colonies, such as Thomas Jefferson and Michel-René Hilliard d'Auberteuil, emerged as radical advocates of absolute private property rights.