Private Property Rights Research Articles

The Analysis of Government Program Implementation in The Fulfillment of Home Needs for The Poor

The state is responsible for protecting the entire Indonesian nation through the implementation of housing and settlement areas so that people are able to live and live in decent and affordable houses in a healthy, safe, harmonious and sustainable environment throughout Indonesia. Article 28H paragraph (1) of the 1945 Constitution stipulates that everyone has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy environment and have the right to obtain health services. Then Article 28H paragraph (4) of the 1945 Constitution states that everyone has the right to have private property rights and these property rights may not be taken over arbitrarily by anyone. The research method used is empirical juridical research, which is to see the extent of the government's ability to provide housing for the poor. As for the results of the research, that the implementation of government programs in meeting housing needs for the poor, where the government has launched several programs, which include the construction of flats, special houses, assistance for the construction of infrastructure, facilities and utilities, housing financing assistance, and self-help housing stimulus assistance. Even though there have been many programs, not all residents have a decent place to live.

Intellectual property law as a system of creative activity results protection

Keywords: results of creative activity, intellectual property law, creative freedom,subjective and objective aspects of intellectual property law, subjective and objectiveaspects of creative freedom
 At the present stage of intellectual property science developmentresearchers continue discussions on the nature of intellectual property law and itscomponents. In the intellectual property law history, the legal doctrine and legislationadmit a certain connection between creators and their results of intellectualcreative activity as well as the relations that arise as a result of their creation. Consideringthe basic approaches to intellectual property rights we cannot ignore its obviouscomponent attribute of ideal nature, so the system of intellectual propertyrights protection includes not only property or exclusive intellectual property rights, but also personal non-property rights. Intellectual property law in the objectiveacceptation is a system of rights. In the subjective acceptation it always combinestwo components: non-material and material. Legislative rights to the object ofintellectual property rights are a legal confirmation of the existing and inviolableconnection between the creator and their object of intellectual property rights. Intellectualproperty law combines personal, intangible and property interests of thecreator. It is aimed to combine all these interests with the interests of other people.The law determines the procedure for using and receiving remuneration as a resultof intellectual property rights realization by the creator or their legal successors.The subject of intellectual property rights is a person who owns personal non-propertyand (or) exclusive property rights of intellectual property. The subjective aspectof intellectual property rights reflects the interests that the creator seeks tosatisfy by creating an object of intellectual property rights. There are three main interestsof the creator which they can satisfy by exercising intellectual propertyrights: recognition interest, financial reward interest and interest in their intellectualproperty rights protection. The object of intellectual property rights is a resultof intellectual and creative work of the subject who always owns personal intangibleintellectual property rights on the basis of natural law and legislation and this isproceeding from the very beginning of the process and as a result of creation of intellectualproperty rights object. It is worth mentioning that according to the lawthe personal intangible intellectual property rights remain in force without limit oftime and cannot be alienated (transferred) except it is expressed by law.

Restrictions of Private Property Right in Terms of the Covid-19 Pandemic: The Experience of the US, UK and Ukraine

The COVID-19 pandemic has had a significant impact on human rights. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.

The right to move and the right to exclude: Ilya Somin and ‘foot voting’

The right to move and the right to exclude: Ilya Somin and ‘foot voting’

The permanent rebellion: An interpretation of Mapuche uprisings under Chilean colonialism

This article approaches the rebellions of the Mapuche people from a longue-durée perspective, from the Occupation of the Araucanía in 1861 to the recent events of 2020. Among other things, the article explores the Popular Unity (UP) period, and the ‘Cautinazo’ in particular, considered here as an uprising that synthesised the discourses and aspirations of the Mapuche people dating back to the Occupation, while also repoliticising them by foregrounding demands for land restitution. This experience created the conditions for a new cycle of mobilisation that began in the twenty-first century. In other words, the Agrarian Reform of the UP era set the stage for more recent rebellions that are once again challenging colonial problems related to private property rights, the usurpation of land and agricultural aggression. In seeking responses to these problems, the Mapuche movement of the early twenty-first century is being revitalised.

The Protection of Nature and a New Constitution for Chile: Lessons from the Public Trust Doctrine

This is a report sponsored by the Chile Conservation Exchange examining the potential of the public trust doctrine to increase protection of the natural environment through the ongoing process of amending the Chilean Constitution. The report suggests that the constitutionalization of the public trust doctrine would reform Chilean environmental law by establishing an affirmative duty on the part of the Chilean government to ensure the protection of natural resources for the benefit of the public, including future generations. By making the public trust duty enforceable by citizens through court suits, the report also claims that the doctrine would prohibit the government from creating private monopolies, but also asserts that the doctrine is compatible with private property rights. Drawing on language in the Pennsylvania and Hawai'ian Constitutions, the report recommendations that the drafters of the new Chilean Constitution include trust language in the Constitution and the Chilean voters adopt it.

Towards sustainable property? Exploring the entanglement of ownership and sustainability

This article explores the relation between ownership and sustainability on a conceptual level. It specifically examines different imaginaries of sustainable property by asking how private property rights and their restrictions are conceptualized as instruments for sustainability. To do so, conflicting notions of property that underlie Western jurisprudence and political theory are contrasted. This brings us to the identification of two major traditions in property thought that build on atomist or relational conceptions of society and property, respectively. Property might be conceived as an owner’s exclusive control over an object, or as a ‘bundle of rights’ that comprises entitlements, restrictions, and obligations to various actors. Largely within the paradigm of modernization as a trajectory of sustainability, these two fundamental traditions in property theory relate to different approaches to encode sustainability into property law: i) propertization, i.e. the extension of private property forms, as in the case of carbon emissions trading schemes; ii) the acknowledgment of social and environmental obligations inherent to property, illustrated by the social obligation norm in German law.

Energy Consumption, Trade Openness and Economic Development of Some Major Oil-Producing Countries in Africa

To investigate the nexus between energy consumption, trade openness and economic development for seven oil-producing countries in Africa, this study employs the panel Autoregressive Distributive Lag (ARDL) techniques on data from 1971 to 2017. The Levin-Lin-Chiu, Pesaran-Shin and Breitung tests were used to ascertain the stationarity of the variables. The Hausman test showed that the mean group heterogeneous ARDL is the best technique to estimate the short and long-run relationship of the model. The result revealed that trade openness and the nature of energy consumed have significant impacts on economic development in the selected oil-producing countries. A percentage increase in trade openness decreases economic development by about seven precent but boosts development by twenty-eight percent. From the findings, it is recommended that policies be channelled to favour enabling environment, African free trade zone, economic freedom, private financial growth, ease of doing business, energy efficiency, renewable energy, carbon capture and storage, private property rights and security in Africa.

Narrating values, persuading government: The unsettled stories of agricultural land ownership in the rural Canadian Prairies

Global conflicts over land grabbing, financialization, and conservation have generated resistance from diverse local peoples who insist that land must be more than a commodity; it has social, cultural, and ecological value alongside its economic productivity. Saskatchewan’s government has recently responded to similar conflicts over investment, privatization, and concentration of landholding, by engaging in public consultations on farmland ownership. Analyzing comments from public consultation surveys in 2015 and 2017, the paper employs insights from property theory, legal studies, geography, and scholarship on storytelling to analyze how respondents' values, expressed through stories, work to change or maintain property relations.As a resource, agricultural land is endowed with value that changes over time and space. Land tenure regimes consist of shifting social relations regarding this resource, and these relations are often arrived at and maintained through persuasive narratives framed through social value claims about heritage, identity, livelihoods, and community norms. These stories also have a material effect on resource use and property regimes. In Saskatchewan, as survey respondents employ stories to influence policy decisions on agricultural land tenure and advocate for the status quo, they utilize social values that justify their entitlements. Alternative property relations, advocated or proposed by some respondents, provide more fundamental challenges to absolutist notions of private property rights and thus face ideological barriers to acceptance and implementation through policy. However, telling different stories can be a way to alter property relations.

Rule of law and purpose of the corporation

AbstractResearch Question/IssueWhat is the purpose of the modern corporation? How is the rule of law related to the purpose of the modern corporation?Research Findings/InsightsWe study the role of rule of law in enabling corporations to enhance economic prosperity and diminish income inequality across the globe.Theoretical/Academic ImplicationsFirst, we provide empirical evidence on the role of rule of law in enhancing economic prosperity and diminishing income inequality across the globe. Next, we draw on the law and finance literature and the finance and growth literature to highlight the role of rule of law in enabling corporations to be the major driver of a country's economic growth. Specifically, rule of law is necessary for a citizenry's belief in secure private property rights, which gives the citizenry confidence to invest in physical capital, human capital, and innovation—the three catalysts of economic growth. Also, the rule of law allows for an effective judiciary that can enforce legal contracts. Shareholder reliance on limited liability and debtholder rights originate from the legal contracts among shareholders, debtholders, and other stakeholders. This highlights the importance of rule of law in enabling companies to raise equity and debt financing, leading to financial development. Given this background on the role of the rule of law in the issuance of equity capital to provide financial resources to corporations, we analyze the current debate among policymakers, corporate leaders, institutional investors, and social activists on the purpose of the modern corporation. We conclude that the modern corporation should maximize long‐term shareholder value, while conforming to the law of the land.Practitioner/Policy ImplicationsAt the national and international level, policymakers should focus on improving rule of law—this enhances economic prosperity and diminishes income inequality. At the individual country level, we suggest steps to align shareholder wealth maximization with stakeholder interests: first, antitrust public policies should be vigorously enforced to maintain and enhance competition in product markets and labor markets. Second, management and board compensation should be reformed to focus on creating and sustaining long‐term shareholder value. Finally, for many of society's more serious problems, corporations do not represent the appropriate level of action. Climate change, for example, poses significant challenges for societies and businesses. But significant changes to combat climate change require public policy changes in the United States and abroad. Turning more to corporations because the political process seems broken will not do.

On solatium: towards a rethinking of compensation

ABSTRACT Sovereign governments generally benefit from the capacity to commute private property rights to public ownership in order to undertake projects for the public benefit. When private property rights are compulsorily acquired by Australian governments, the criteria for the assessment of compensation accruing to the dispossessed landowner ordinarily requires consideration of a raft of heads of possible compensation. The primary aim of this paper is to canvass how those elements of traditional concepts of solatium as one of the heads of compensation ought now be viewed in the light of the defining High Court decision in Northern Territory v Griffiths [2019] HCA 7. However, a secondary aim (of the authors) is also to give consideration as to how the notion of solatium now fits in the broader Constitutional framework of the heads of compensation for private property rights compulsorily acquired. NSW legislation is used in this paper as a general exemplar of the Australian legal milieu regarding compulsory acquisition law and practice.

Creating a compensation program for injuries from dicamba spray drift and volatilization

AbstractOver‐the‐top dicamba herbicides used on soybean and cotton crops are causing offsite injuries to vegetation of thousands of nearby property owners who are not being compensated for their damages. An examination of the use of dicamba products shows disagreement between facilitating profitable agricultural production and the imposition of damages on nearby property owners. To safeguard private property rights, a compensation program is proposed. By placing a fee on the sale of dicamba products, funds could be made available to provide compensation to persons whose properties are injured by drift and volatilization.

Property, Legitimacy, Ideology: A Reality Check

Drawing on empirical evidence from history and anthropology, we aim to demonstrate that there is room for genealogical ideology critique within normative political theory. The test case is some libertarians’ use of folk notions of private property rights in defense of the legitimacy of capitalist states. Our genealogy of the notion of private property shows that asking whether a capitalist state can emerge without violations of self-ownership cannot help settling the question of its legitimacy, because the notion of private property presupposed by that question is a product of the entity it is supposed to help legitimize: the state. We anchor our genealogical critique in recent work on ideology in epistemology and philosophy of language and in current debates on the methodology of political theory. But, unlike more traditional approaches that aim to debunk whole concepts or even belief systems, we propose a more targeted, argument-specific form of ideology critique.

The secret thoughts of social network sites users: a scale for the measurement of online knowledge-hiding in a knowledge exchange (KE) context

ABSTRACT Social networking sites (SNSs) are widely used to support online learning and knowledge exchange (KE) in projects that require the coordination of collaborative team-playing, especially in COVID-19 world pandemic. Paradoxically, while digital infrastructures enable instant communication, SNSs are not always conducive to KE behaviours, as learners are reticent to exchange knowledge with their peers online due to trust issues like personal privacy and Intellectual property rights protection, leads online users to conceal knowledge. Given that online-based KE practices are still in their infancy, one major weakness in current educational and knowledge management research is the lack of a reliable scale to measure knowledge-hiding online. This study develops and validates a novel Online Knowledge-hiding (OKH) scale that keeps into account the distinctive features of SNSs. While building on prior measurements of knowledge-hiding, we identify, test, and validate different indicators of the latent OKH construct. A mixed-method approach to scale development was used to validate this scale. Results show that the proposed scale is effective for organisations to assess whether online knowledge-hiding takes place during KE activities. The usefulness of this scale lies in improving the online collaborative learning environment while setting the foundation to address KE-related deviant behaviours at their incipit.

THE INFLUENCE OF PROPERTY ON A RUSSIAN PERSON IN DIFFERENT ECONOMIC SYSTEMS

The article deals with the interpretation of labor and the relations of property rights used in different socio-economic ideologies of management. In all existing ideologies of economic management under capitalism people are free in their economic choices and only under socialism, under public ownership, the manufacturer can not freely dispose of either any property or manufactured product, so his work motivation is weakening, there is no sense of ownership and caring attitude to property and means of production. Only private property protected by the laws of the State provides its owner with the right to dispose of it and the produced product at his own discretion on a legal basis. At the same time, private property creates a personal interest in the owner in improving the quality, range, productivity, as well as reducing the cost of production of manufactured products. Since the basis of private property is labor, and it is connected with human nature, so the private property obtained by labor and personal skill is always protected by each person and is dear to him. Therefore, owners are always interested in the implementation of state laws that protect property rights. Only when a person has private property, in the form of a small plot of land, a house built on it and his own business, only then he feels like an independent owner and he has the desire to work hard and the desire to master new things. For the owner, property is his possession, his pride and he puts his strength, will, knowledge and soul into it. The Russian man did not own private property for a long period, so he lost interest in it. Only the acquisition of private property rights can restore his economic initiative and diligence, ingenuity and inventiveness, deftness and assiduity. The role of the State should be limited to the framework of the law and the creation of conditions in which market interaction between people will have economic freedom of choice and positive development.

PROBLEM OF PAYMENT OF COMPENSATION TO BUSINESS OWNERS DURING THE QUARANTINE PERIOD: ANALYSIS OF DOMESTIC AND FOREIGN EXPERIENCE

The COVID-19 pandemic has had a significant impact in all areas of human life. Many rights have been restricted to prevent the spread of infection. The restrictions on private property rights during the pandemic were not so obvious, but no less significant. The massive closure of restaurants, cafes, cinemas and other crowded places has resulted in significant losses for business owners. The question arose about the admissibility of such restrictions on the rights of owners, as well as the need to compensate for the losses caused. The purpose of this article is to study the criteria developed by international practice under which the restriction of property rights is allowed, and approaches to resolving issues of compensation for losses caused to owners when it is necessary to ensure a balance of private and public interests in Ukraine. In order to understand whether the owners, whose rights were restricted during the pandemic by depriving them of the opportunity to use their property in business, have the right to compensation, the article analyzes the meaning of "possessions" used in the case law of the European Court of Human Rights. It is concluded that future income within the meaning given by the European Court of Human Rights should also be considered a type of property, so depriving owners of the opportunity to receive income could to some extent be considered as confiscation of property. This approach suggests that during the quarantine the owners were in a sense deprived of property, which raises the question of the need to compensate the owners for the losses incurred during the quarantine measures. The right of owners to compensation is analyzed in the light of the conditions developed in the practice of the European Court of Human Rights for interfering in the peaceful possession of property and the recommendations developed by the United Nations to limit human rights in the context of the COVID-19 pandemic. It is concluded that it is necessary to comply with the principle of legality in case of state intervention in the peaceful possession of property. However, this principle was violated in Ukraine, as the restrictions were introduced not by law, but by the Resolution of the Cabinet of Ministers of Ukraine. This gives grounds to challenge the actions of the state and demand payment of compensation for losses incurred by the owners. The article also analyzes approaches to resolving issues of compensation for losses caused to owners as a result of restrictions on their rights, developed in the case law of the United States and Great Britain.

The Committee of Members of the Constituent Assembly as a Left-Democratic Alternative to the Communists and the Whites in the Civil War

The Committee of Members of the Constituent Assembly (Komuch) was an option in the Civil War that was essentially distinct from both the Soviet and the White alternatives. Komuch differed from the Soviet and the White authorities, as it was characterised by a combination of advanced socioeconomic policy and a dogmatically principled commitment to parliamentary democracy. In the event of the military victory of such a power, the success of the social democratic model was not guaranteed (as the history of Europe during the interwar period demonstrated), but Russia’s chances of moving along a path that combined a social state and democratic institutions would have increased markedly. While criticising, and in many respects rightly so, the military policy of the Bolsheviks, the Social Revolutionaries and Mensheviks had to partially restore market capitalist relations. Their successful development was possible with the cooperation of the government and the bourgeoisie. The bourgeoisie demanded the dismantlement of “socialist conquests”, which Komuch was not going to do – both for ideological reasons and because the capitalist economy had begun to disintegrate during World War I and the Revolution. Komuch’s path involved the combination of a market economy (not necessarily just capitalist), state regulation, and broad social rights. After the Bolshevik promises, the workers and peasants took it quite calmly, fearing the possible cancellation of the social gains of the Revolution and expressing dissatisfaction with violations of promised civil rights. But the bourgeoisie, convinced of the “inconsistency” of dismantling institutions that infringed on the right of private property, stood in sharp opposition to Komuch, betting on its opponents in the anti-Soviet camp. At the same time, Komuch did not have time to build a state system for monitoring compliance with social rights and had to rely on the activity of trade unions, which, due to their social function, were critical of the government – in this case, Komuch. Komuch followed the law regulating the socialisation of land adopted by the Constituent Assembly and proposed a relatively successful version of regulating the food supply for the cities. Initially, the people’s army created by Komuch was also successful (enjoying support from the Czechoslovak Corps). However, Komuch faced a blockade by the Provisional Siberian Government. It was the opposition of more right-wing forces in the rear that predetermined the defeat of the Komuch alternative.

Alexander Hamilton and slavery: a closer look at the Founder

ABSTRACT An intensive examination of Hamilton’s record on slavery reveals little basis for his current reputation as an antislavery icon, fostered by Ron Chernow’s 2004 biography and Lin-Manuel Miranda’s Broadway musical. During the American Revolution, Hamilton, in an idealistic, antislavery phase, joined John Laurens in proposing to raise slaves for military campaigns, offering them “freedom with their muskets.” Disillusioned after proslavery forces rejected the plan, his abolitionist zeal abated. During the 1780s, as New York’s delegate to Congress and the Constitutional Convention, Hamilton, influenced by devotion to private property rights and desiring a stronger national government, seemingly condoned slavery. Although Hamilton joined the New-York Manumission Society (NYMS) in 1785 and served as its president (a largely ceremonial office) for one year, he was not a leader. In 1801–1802, he refused to cooperate with NYMS in prosecuting Mme. Volunbrun and in emancipating slaves she illegally brought with her from Haiti. He eventually became aloof from NYMS activities, finally contesting its antislavery principles in federal court as attorney for Robert Cuming, a slave trader. Evidently, Hamilton abandoned his youthful Revolutionary-era antislavery idealism and became indifferent toward the cause of abolition, considering slaveholders as property holders entitled to their chattel under common law. Contrary to most scholars’ unproven assumptions that Hamilton vigorously opposed slavery, his indifference to antislavery measures for most of his public career indicates that no Founder would have fought for abolition. Ultimately, only civil war could end slavery.

Propiedad privada, acumulación primitiva e idolatría

This article suggest that belief in absolute private property rights is a type of dispossession of what rightfully belongs to God and, by extension, the people of God. The first section of this essay address a question so often ignored in discussions of private property rights: how did some people come to be owners of property in the first place, while others own nothing but their own bodies and its labor? Then the article look into the history of dispossession. The second section address how that history is explained away through various types of theodicy. There is an exam about some such theodicies and the author suggest that our prevailing regime of privatization and absolute property rights is a kind of idolatry, the worship of a false god of dispossession.

The right to the “possibility of acquiring rights”: Cosmopolitan right and migration in Fichte's doctrine of right

AbstractThis essay aims to bring to light the distinctive features of Fichte's construal of cosmopolitan right in the Foundations of Natural Right—in comparison to Kant's—in the light of the current philosophical debate on migration and global justice. The paper is articulated in three steps. First, it analyzes the addressees and content of Fichte's cosmopolitan right by emphasizing its limited scope: by focusing on those individuals who do not come “from any state,” Fichte's discussion of cosmopolitan right foreruns Arendt's philosophical theorization of statelessness and the “right to have rights.” Second, it considers Fichte's justification of cosmopolitan right—and its compatibility with his justification of private property rights—by stressing its ontological anchoring in the notions of “absolute will,” “personhood,” and “original right.” Finally, the essay considers the systematic position of cosmopolitan right with regard to the “right of nations” and the “right of a state” in Fichte's doctrine of right by giving special attention to the range of reasons that, according to Fichte, can legitimate the rejection of a stranger.