Property Rights and Social Justice

Property Rights and Social Justice
Author: Rachael Walsh
Publisher: Cambridge University Press
Total Pages: 321
Release: 2021-06-10
Genre: Law
ISBN: 110842693X

Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.

Property and Justice

Property and Justice
Author: Billy Christmas
Publisher: Routledge
Total Pages: 250
Release: 2021-03-30
Genre: Philosophy
ISBN: 1000370070

This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.

Law and Social Justice

Law and Social Justice
Author: Joseph Keim Campbell
Publisher: Topics in Contemporary Philoso
Total Pages: 376
Release: 2005
Genre: Law
ISBN:

Leading scholars consider a variety of philosophical issues in law and social justice, from foundational concepts to specific legal problems.

Property Rights and Social Justice

Property Rights and Social Justice
Author: Rachael Walsh
Publisher: Cambridge University Press
Total Pages: 321
Release: 2021-06-10
Genre: Law
ISBN: 1108606431

Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.

A Liberal Theory of Property

A Liberal Theory of Property
Author: Hanoch Dagan
Publisher: Cambridge University Press
Total Pages: 343
Release: 2021-04-15
Genre: Business & Economics
ISBN: 1108418546

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Economic and Social Justice

Economic and Social Justice
Author: David A. Shiman
Publisher: Amnesty International
Total Pages: 134
Release: 1999
Genre: Education
ISBN:

On December 10, 1998, the world celebrated the 50th anniversary of the United Nations' Universal Declaration of Human Rights (UDHR). The U.S. Constitution possesses many of the political and civil rights articulated in the UDHR. The UDHR, however, goes further than the U.S. Constitution, including many social and economic rights as well. This book addresses the social and economic rights found in Articles 16 and 22 through 27 of the UDHR that are generally not recognized as human rights in the United States. The book begins with a brief history of economic, social, and cultural rights, as well as an essay, in question and answer format, that introduces these rights. Although cultural rights are interrelated and of equal importance as economic and social rights, the book primarily addresses justice regarding economic and social problems. After an introduction, the book is divided into the following parts: (1) "Economic, Social, and Cultural Rights Fundamentals"; (2) "Activities"; and (3) "Appendices." The nine activities in part 2 aim to help students further explore and learn about social and economic rights. The appendix contains human rights documents, a glossary of terms, a directory of resource organizations, and a bibliography of 80 web sites, publications and referrals to assist those eager to increase their understanding of, and/or move into action to address economic and social rights. (BT)

Free Markets and Social Justice

Free Markets and Social Justice
Author: Cass R. Sunstein
Publisher: Oxford University Press
Total Pages: 416
Release: 1999-03-18
Genre: Political Science
ISBN: 0195356179

The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.

Fundamental Rights and the Legal Obligations of Business

Fundamental Rights and the Legal Obligations of Business
Author: David Bilchitz
Publisher: Cambridge University Press
Total Pages: 523
Release: 2021-11-11
Genre: Business & Economics
ISBN: 1108841945

This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.

A Theory of Justice

A Theory of Justice
Author: John RAWLS
Publisher: Harvard University Press
Total Pages: 624
Release: 2009-06-30
Genre: Philosophy
ISBN: 0674042603

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Theories of Political Economy

Theories of Political Economy
Author: James A. Caporaso
Publisher: Cambridge University Press
Total Pages: 258
Release: 1992-08-28
Genre: Business & Economics
ISBN: 9780521425780

This exploration of some of the more important frameworks used for understanding the relationship between politics and economics includes the classical, Marxian, Keynesian, neoclassical, state-centered, power-centered, and justice-centered.