Nature, Bureaucracy and the Rules of Property
Author : Earl Finbar Murphy
Publisher : North-Holland
Page : 362 pages
File Size : 46,6 MB
Release : 1977
Category : Law
ISBN :
Author : Earl Finbar Murphy
Publisher : North-Holland
Page : 362 pages
File Size : 46,6 MB
Release : 1977
Category : Law
ISBN :
Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 247 pages
File Size : 38,99 MB
Release : 2011-11-15
Category : Law
ISBN : 0674063058
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Author : Douglas Fisher
Publisher : Edward Elgar Publishing
Page : 487 pages
File Size : 41,93 MB
Release : 2022-11-25
Category : Law
ISBN : 1839108320
This expanded and updated Research Handbook delivers an authoritative and in-depth guide to the conceptual foundations of environmental law. It offers a nuanced reflection on the underlying principles by exploring issues such as human rights, constitutional rights, sustainable development and environmental impact assessment within the context of environmental law.
Author : David Grinlinton
Publisher : BRILL
Page : 448 pages
File Size : 26,60 MB
Release : 2011-04-11
Category : Law
ISBN : 900420105X
Published with the support of The New Zealand Law Foundation. As collapses and crises involving ecological systems, economic and financial management and international governance increase, the need for bold alternatives to traditional economic and legal responses has never been more urgent. Property concepts are an important element in the interaction between humans and the natural environment. An important driver of ecological harm, property concepts can also become a powerful tool for responding to ecological problems in ways that have so far eluded both government regulators and markets. Going beyond the traditional critiques of liberal property theories, Property Rights and Sustainability takes on the challenge of fundamentally reconceptualising property rights and systems. It makes a significant contribution to rebalancing the legal framework in a way that recognises humanity as a member of a larger ecological order, the health and integrity of which is of primary importance to the long-term viability of our planet. Property Rights and Sustainability will be an indispensable resource for those interested in the relationship between property law and the environment, and the ways in which property law can be reshaped to respond to the ecological challenges of our time.
Author : Boudewijn Bouckaert
Publisher : Edward Elgar Publishing
Page : 351 pages
File Size : 22,71 MB
Release : 2010-01-01
Category : Law
ISBN : 1849806519
This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.
Author : Michael I. Jeffery
Publisher : Cambridge University Press
Page : 617 pages
File Size : 15,63 MB
Release : 2008-01-07
Category : Law
ISBN : 0521885035
The IUCN Academy of Environmental Law Research Studies' third colloquium brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures.
Author : Paul Nadasdy
Publisher : UBC Press
Page : 330 pages
File Size : 49,20 MB
Release : 2011-11-01
Category : Social Science
ISBN : 0774840412
Based on three years of ethnographic research in the Yukon, this book examines contemporary efforts to restructure the relationship between aboriginal peoples and the state in Canada. Although it is widely held that land claims and co-management – two of the most visible and celebrated elements of this restructuring – will help reverse centuries of inequity, this book challenges this conventional wisdom, arguing that land claims and co-management may be less empowering for First Nation peoples than is often supposed. The book examines the complex relationship between the people of Kluane First Nation, the land and animals, and the state. It shows that Kluane human-animal relations are at least partially incompatible with Euro-Canadian notions of “property” and “knowledge.” Yet, these concepts form the conceptual basis for land claims and co-management, respectively. As a result, these processes necessarily end up taking for granted – and so helping to reproduce – existing power relations. First Nation peoples’ participation in land claim negotiations and co-management have forced them – at least in some contexts – to adopt Euro-Canadian perspectives toward the land and animals. They have been forced to develop bureaucratic infrastructures for interfacing with the state, and they have had to become bureaucrats themselves, learning to speak and act in uncharacteristic ways. Thus, land claims and co-management have helped undermine the very way of life they are supposed to be protecting. This book speaks to critical issues in contemporary anthropology, First Nation law, and resource management. It moves beyond conventional models of colonialism, in which the state is treated as a monolithic entity, and instead explores how “state power” is reproduced through everyday bureaucratic practices – including struggles over the production and use of knowledge.
Author : Michael Albertus
Publisher : Cambridge University Press
Page : 417 pages
File Size : 43,24 MB
Release : 2021-01-07
Category : Business & Economics
ISBN : 1108835236
A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Author : Aileen McHarg
Publisher :
Page : 498 pages
File Size : 22,70 MB
Release : 2010
Category : Law
ISBN : 0199579857
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the different views about the role it should play in a diverse range of contexts: civil law and common law; the law of indigenous communities; public law and private law; and national and international law. Key issues discussed include private rights and common property situations, privatization and regulation, competition for land use and resources, the role of property rights in environmental protection, and the balance between national sovereignty and the security of foreign investment. The collection thus has relevance for a wide readership interested in the legal dimensions of property as an increasingly important aspect of the law for energy and resources across diverse countries, and at the international level. The contributors are established experts in the energy and natural resources law field, and the collection builds upon a body of previous collaborative work in this area.
Author :
Publisher :
Page : 1180 pages
File Size : 25,95 MB
Release : 1994
Category : Environmental law
ISBN :