Sanctity Of Property Research Articles

Becoming “Fellow-Servants”: Slavery, Theft, and Improper Fellowship in the Nineteenth-Century South

Abstract This article examines the role of theft as a catalyst of communal cohesion and a practice of citizenship in the everyday lives of enslaved African Americans. Historical scholars of Atlantic slavery largely have portrayed theft as a strategic adaptation that enslaved subjects made in order to survive the material deprivation and other brutal constraints of enslavement. In dialogue with this scholarship, this article proposes a different view of theft as a method not simply of surviving on unfavorable terms but of redefining the art of living. In particular, it suggests that collective practices of theft opened space for the enslaved to forge reciprocal social and economic relationships that diverged radically from normative customs related to subsistence, creating a state of affairs in which their survival would depend upon their ability not to endure racialized exploitation as human property, but, rather, to tend to each other’s basic needs as associates, neighbors, and friends. Through analysis of an empirical case grounded in nineteenth-century Louisiana, this article ultimately develops the concept of improper fellowship to describe the bonds of communal reciprocity that theft could encompass, bonds that prefigured alternatives to dominant, liberal ideals of freedom and models of citizenship founded in the sanctity of property.

Blockchain in Outer Space

Blockchain technology has spurred the emergence of powerful narratives to promote new ways of governing outer space. The list of proposed uses for blockchain applications in outer space is endless—from property registries for asteroid mining, to supply chain management systems, or interplanetary cryptocurrencies for the space economy—along with Elon Musk claiming that “SpaceX is going to put a literal Dogecoin on the literal moon.” Yet, thus far, none of these projects have gone beyond simple declarations or white papers, mostly due to the inherent limitations on the effective enforcement of blockchain-based rules outside of their own technical framework. In this essay, we argue that blockchain technology is relevant for outer space because it fosters novel narratives advancing possible futures characterized by new modes of governance. The strongest and most prominent of these narratives is the crypto-libertarian one, which draws heavily on the absence of a state, the sanctity of property, and the primacy of private ordering through decentralized markets. But there are other narratives proposed by relevant actors in the blockchain space that are dedicated to other modes of governance. By focusing on alternative narratives for blockchain technology, we illustrate how the possible applications of blockchain technology in outer space may extend beyond the current libertarian dreams, to support a more commons-based approach to outer space governance.

Jurisprudence of Person and Property; an Experience of Nepal

Persons are those natural and legal entity who or which can carry rights or duties. The word ‘person’ was derived from the Latin word ‘persona’ which means simply a mask. Gradually person was called for those who performed drama. Later, all the audience of the drama was referred as a person and gradually all the persons who were residing around the theater were called person and finally the person referred to capable natural person. Later, it was prolonged to legal persons as well. However all the natural person cannot be taken as complete person i.e. children, lunatic, bedridden, saint, intoxicated person etc; they are semi person. In contemporary time, there are two kinds of persons which are natural person and legal person. There is no double personality but there can be double capacities. Animals, idols, unorganized fund, riot group etc are not person because they cannot carry rights and duties. If trust alike mechanism is established for the benefit of them, it is a person. Personality begins with birth and ends with death. Under legal person, there are corporate sole and corporate aggregates which are recognized by fiction theory, purpose theory, concession theory, bracket theory, and realist theory. However, sanctity of person is applicable to natural person. Property is the gift for personality to lead their life and protect it. There are corporeal property and incorporeal property. Corporeal property includes moveable and immoveable property whereas incorporeal property refers to 'jura in repropria' and 'jura in re aliena'. 'Jura in re-propria' includes intellectual property whereas 'jura in re-aliena' includes securities (mortgage and lien), servitude, lease, trust. There are different concept of property under natural law theory, labour theory, metaphysical theory, state theory and sociological theory. Moreover, possession, prescription, agreement, inheritance, partition and ownership are the method of property acquisition. As person wants to hold property to support their livelihood and existence, sanctity of property is established for natural person not with legal person. However, there will be the legal guarantee of the property of legal person with the exception of public benefit principle. In fact, sanctity of property in created from sanctity of person from analogy. So sanctity of property along with sanctity of person is fundamental issues of natural law school. Yet, all philosophy directly or indirectly are relating to person and property. So, it is the central issues of jurisprudence. However, a right over property is not absolute rights because of the presence of doctrines i.e. Police Power, Taxation, Eminent Domain, Fine and Penalty, Compensation and Damages etc. International Human Rights Documents protects both sanctity of person and property.

Identity Crime in Digital Environment: A Comparative Study Between the Common Law and the Shariah As Applied in Mauritania

The study was devoted to the problem of identity related-crimes in the digital environment from the common law and the Shariah perspectives. The study attempted to capture the words used to describe the phenomenon (identity crimes) in different branches of knowledge in order to provide a sufficient definition to the phenomenon. It also touched upon the impacts of the crimes, and tools used by identity criminals to commit the offences. The study critically discussed and examined identity crimes in the light of the existing laws in the UK and Malaysia. The discussion revealed that both countries have piece of legislation that can be employed to curb various crimes related to identities. For the UK, the provisions relating to identity crimes can be found in Theft Act 1968, Computer Misuse Act 1990, Identity Documents Acts 2010, Fraud Act 2006 and Data Protection Act (DPA) 1998. Regarding Malaysia, the study found that some provisions in Penal Code, Computer Crimes Act 1997, Passport Act 1966, the Births and Deaths Registration Act 1957, the Official Secret Act 1972, Financial Services Act (FSA) 2013 and Islamic Financial Services Act (IFSA) 2013 and Personal Data Protection Act (PDPA) 2010 can apply to identity crimes. Islamic perspective on the matter was also discussed in the study. Therefore, the study proved that specific Shariah rules such as rules relating to theft, forgery, sanctity of property can apply to identity crimes in the digital age. In addition, general Islamic rules such as those relating prohibition of oppression, mischief, can be used to fight against the phenomenon. Regarding Mauritanian perspective, the study revealed that the Penal Code and other piece of laws could apply to the crimes in the absence of special laws in the country. Finally, the study recommended for enacting or creation of special provisions to deal with crimes of identity in the digital environment as the traditional laws may not suit new crimes such as identity crimes. It also urged for raising awareness among the citizen about the danger of identity crimes.

The Sanctity of Property in American History

The construction and delineation of property is central to the constitution of a society. Societies differ with regard to the extension of private property, that is, what can be treated as property, including land, trees, wildlife, and other human beings. Societies also differ in the intensive rights they accord to property holders, that is, the extent to which the property holder's actions are constrained by the rights of others. This paper explores how property law has been adapted so as to serve political goals throughout American history. In the nineteenth century, judges and legislators reconfigured the definition of property in order to promote entrepreneurial activity. With the rise of the New Deal in the 1930s, property law was again reconfigured to allow more extensive public intervention on behalf of social objectives. This instrumental approach to property is firmly ensconced in American jurisprudence. Efforts to jettison this approach in favor of a sanctified concept of property would have to reverse legal precedents that date back to the American revolution.

Mendizábal, García Gutiérrez, and the Property of Spanish Theater

Mendizábal, GarcÃ-a Gutiérrez, and the Property of Spanish Theater Lisa Surwillo is an Assistant Professor of Spanish at the Pennsylvania State University . Her fields of research include nineteenth- and early twentieth-century Spanish Peninsular literature, especially theater, Spanuh literary production as intellectual property, and Spanish cultural studies. At the premiere of El trovador, on March 1, 1836, the audience at the Teatro del Principe, inspired by the ingenuity of the play just completed, was spontaneously overwhelmed by a uniform desire to call its unnamed author onto the stage in order discover the source of this piece of theatrical perfection and honor him with applause. So goes the well known anecdote that has served for almost 200 years to convincingly explain the origin of a supposedly just recognition of authorial genius in dramatic works in Spain. First composed at the time of the premiere of El trovador, it has been perpetuated and entered into the annals of Spanish literary history as fact, without having been subjected to critical inquiry. In the present essay, through an interpretation of the literary chronicles of the premiere, an investigation into the cultural context, and a review of contemporary political and economic measures , the famous call for the author is read as a pressdriven event that transformed the author into a celebrity and served as an argument for the derecho de autor (author's rights, or intellectual property) for dramatic literature. The ideologies of the Romantic project were closely allied with those of the post-Fernandine Spanish Liberal political economy (both in the poets' embrace and rejection of it on an individual level). While the former exalted individual subjectivity in the voice of the poet's ego, the latter legally promoted "the priority of the individual and the sanctity of property" (Rose 85). The Spanish variety of Liberalism that guided the government administration at the beginning of the campaign for dramatic literary property, in Arizona Journal of Hispanic Cultural Studies Volume 6, 2002 44 Arizona Journal of Hispanic Cultural Studies February, 1836 was grounded in natural law theories of property. In the Lockean conception of the individual, every person is his or her own property, and the product of the labor executed by die body (or mind) is die natural property of the same person. As Mark Rose has explained in his discussion of authorship in England, individual liberty and the right to control private possessions are indivisible according to classical Liberal discourse. Moreover, the freedom of the individual to employ his efforts to create property and die freedom to dispose of that property as he saw fit [...] were the principles inscribed by reason in the very order of nature. (85) This was the ideology manifested in early Spanish Liberal constitutions and codification of private property as "sagrada" in the Tabla de Derechos. This most fundamental of individual rights, in a nation built not of estates but of classes and individuals , was also found in the parallel glorification of the ego in Romantic literature. Political economy and literary school intersected in the issue of literary property under which the individual writer's craft is recognized first as labor and an extension of his person and his talents, a condition that allowed it to be then granted an independent, extra-literary value in society as "property." These ideas of Liberal political economy were circulated in Spain by, among others, Alvaro Flórez Estrada, a leading economist who, like many Spanish Liberals , was in exile in England during the reign of Fernando VII and associated there with the Holland House. He was influenced in particular by the work of David Ricardo, whose The principles of political economy and taxation (1817) specifically addressed the place of labor in the calculation of value and distribution in a national economy. Flórez Estrada presented his own influential ideas on property in Curso de economÃ-a polÃ-tica, reprinted four times in the 1830s. This text recognizes "propiedad' ("property" or "possessions") as the "justa recompensa del trabajo" [just recompense for work]. Both of these terms are historically coded: "work" (as opposed to leisure) is subject to the assumptions and expectations of a given society. In the case of Liberal...

Slavery and the American West: The Eclipse of Manifest Destiny and the Coming of the Civil War (review)

BOOK REVIEWS7I However, the book suffers from a narrative so poorly written as to be distracting . There are numerous small errors relating to general Civil War history. The photographs of gravemarkers reproduced in the book are often fuzzy and hard to read, and printed transcriptions are frequently not given. Behind this book (andWolf's as well) is the problem ofhow to establish the Jewish identity of CivilWar-era individuals, civilian or military. In spite ofthese flaws,Young's contribution to the literature of Jewish military participation in the Civil War is a valuable one. Growing from his military background (West Point class of 1 952), strong Jewish identification, and proximity to the burial sites of Civil War Jewish dead in and near Chattanooga, Young's focus on those Jews who made the ultimate sacrifice in the Civil War is constant throughout the book and unique in the literature. He gives us their names, tells some of their stories, and urges us to remember them and their deeds. Allan D. Satin Hebrew Union College Slavery and the American West: The Eclipse ofManifest Destiny and the Coming ofthe Civil War. By MichaelA. Morrison. (Chapel Hill: University ofNorth Carolina Press, 1997. Pp. 396. $49.95.) It is impossible for a short review to dojustice to a study of this size and complexity ; but, to be succinct, this book is a masterpiece. As with the best recent scholarship on the late antebellum period, Michael A. Morrison's magisterial study defies easy categorization; although predominantly political, this vast survey also draws heavily from intellectual and cultural studies. No historian who pretends to understand the sixteen-year countdown to Civil War will be able to ignore it. Morrison has little sympathy with ethnocultural or revisionist approaches to the war's origin. The cause of the conflict, he bluntly observes, was slavery. The appalling prospect of unfree labor in the western territories began the transition from a healthy interparty discussion over the economic wisdom of manifest destiny to a sectionalized argument over slavery extension. Put simply, restrictionists claimed to be upholding the legacy of the Revolution by attacking a governmental conspiracy determined to crush majority rule and the democratic process, while proslavery advocates replied that the break with Britain was to be understood as a defense of minority rights and the sanctity of property in the face of a despotic power. Even before the Mexican War, Morrison demonstrates , Southern politicians of both parties defined the territorial question in terms oftheir equal rights in the republic. Resolved to uphold their Revolutionary heritage, statesmen of both sections increasingly came to regard each other as a reactionary threat to the Union as it was framed by the patriot elite. By focusing on this shared political heritage, as well as on commonalities of language and religion, Morrison depreciates cultural differences between the 72CIVIL WAR HISTORY sections. In the process, he perhaps underestimates the extent to which unwaged labor fastened a fundamentally nonmarket society upon the Old South. Northern activists and Southern politicians, in his view, shared a collective—not disparate —Revolutionary heritage. Many specialists in the Revolutionary era may disagree. But one of the many virtues of Morrison's sophisticated theme is its adaptability; historians who suspect that the South always had interpreted the meaning of 1776 differently from the North precisely because of their peculiar institution can concur with the theory that both sides marched into battle secure in the belief that they were throwing off a tyrannical yoke. Given the imposing size and scope of this study, it seems downright churlish to suggest that Morrison should have included the voices ofwomen in his work. The use of recent studies on political rallies staged by Whig women on behalf ofparty candidates, forexample, would only have strengthened Morrison's theory of a thoroughly politicized citizenry. The author also overstates the extent to which the South industrialized in the years before the war. These are quibbles. Morrison's research is stunning. His footnotes—unfortunately placed at the end of the text and regrettably devoid of historiographical discussion—reveal research conducted in 405 collections in forty repositories and in 149 newspapers and magazines. Elegant, witty (mystery fans will note a good number of...

Constituting Corporations and Markets: Railroads in Gilded Age Politics

In 1884, a committee of dissenting bondholders for the Wabash, St. Louis and Pacific Railway entered a federal district court in Illinois to complain that St. Louis Federal Judge David Brewer had, at the request of the notorious robber baron, Jay Gould, thrown the road into receivership prior to default. Judge Walter Gresham (whom the Populists would try to recruit for their 1892 presidential candidate) listened sympathetically and put the eastern division of the road into a separate receivership. For the time being, a key link, in Gould's national system was broken in two. Soon, however, the courts and bondholders capitulated, and Gould succeeded, at the expense of the sanctity of property and contract, in revolutionizing the corporate doctrine of receiverships to assimilate huge national systems.

The Political Philosophy of Gerrard Winstanley

The Leveller movement of the Puritan Revolution was composed chiefly of people who represented economically the lower middle classes and religiously the Independents and the Sects. Thus, they had a respectable basis, though their enemies claimed otherwise, and while. they were interested in certain political reforms which appeared sweepingly radical for their times, they did recognize the value of a visible church organization (not a state supported church) and the necessity of such fundamentals of English life as the sanctity of property and the existence of government.