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First Possession Theory Of Property
Appropriation is a process by which previously unowned natural resources, particularly land, become the property of a person or group of persons. The term is widely used in economics in this sense. In certain cases, it proceeds under very specifically defined forms, such as driving stakes or other such markers into the land claimed, which form gave rise to the term "staking a claim." " Squatter's rights" are another form of appropriation, but are usually asserted against land to which ownership rights of another party have been recognized. In legal regimes recognizing such acquisition of property, the ownership of duly appropriated holdings enjoys such protections as the law provides for ownership of property in general. Under some systems using this method of acquiring ownership of land, it is permitted to employ violence in defending the duly appropriated holding against encroachment against the ownership or usage claims, again usually according to specifically defined forms incl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Resources
Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest, and cultural value. On Earth, it includes sunlight, atmosphere, water, land, all minerals along with all vegetation, and wildlife. Natural resources are part of humanity's natural heritage or protected in nature reserves. Particular areas (such as the rainforest in Fatu-Hiva) often feature biodiversity and geodiversity in their ecosystems. Natural resources may be classified in different ways. Natural resources are materials and components (something that can be used) found within the environment. Every man-made product is composed of natural resources (at its fundamental level). A natural resource may exist as a separate entity such as freshwater, air, or any living organism such as a fish, or it may be transformed by extractivist industries into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homestead Principle
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it to produce some product), joining it with previously acquired property, or by marking it as owned (as with livestock branding). Homesteading is one of the foundations of Rothbardian anarcho-capitalism and right-libertarianism. In political philosophy Mohammad In Islam, a "dead" land (not previously owned or under use by the public) can be owned by "reviving" it, as per the prophetic saying: "If anyone revives dead land, it belongs to him, and the unjust root has no right." This principle, however, does not deprive the community from some common rights in the land, including the right to pass water through it to the neighbor's land, for example. John Locke In his 1690 work '' Second Treatise of Government'', Enlightenment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted Property rights (economics), property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or ''cooperative propert''y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libertarian Theory
Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according to which each individual has the right to live as they choose, as long as they do not violate the rights of others by initiating force or fraud against them. Libertarians advocate the expansion of individual autonomy and political self-determination, emphasizing the principles of equality before the law and the protection of civil rights, including the rights to freedom of association, freedom of speech, freedom of thought and freedom of choice. They generally support individual liberty and oppose authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope and nature of their opposition to existing economic and political systems. Schools of libertarian thought offer a range of vie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law And Economics
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director, George Stigler, and Ronald Coase. The field uses economics concepts to explain the effects of laws, assess which legal rules are economically efficient, and predict which legal rules will be promulgated. There are two major branches of law and economics; one based on the application of the methods and theories of neoclassical economics to the positive and normative analysis of the law, and a second branch which focuses on an institutional analysis of law and legal institutions, with a broader focus on economic, political, and social outcomes, and overlapping with analyses of the institutions of politics and governance. History Origin The historical antecedents of law and economics can be traced back to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Structural Encroachment
A structural encroachment is a concept in real property law, in which a piece of real property projects from one property over or under the property line of another landowner's premises. The actual structure that encroaches might be a tree, bush, bay window, stairway, steps, stoop, garage, leaning fence, part of a building, or other fixture. Some attorneys classify it as a type of easement, related to an ''easement in gross'', while some scholars classify such as one type of encroachment. Creation When a structural encroachment is created intentionally, it is basically an easement in gross, and may be done by a permit to a government authority. A zoning law may also restrict an intentional structural encroachment. A structural encroachment may also be created by necessity, by accident, or by prescription. Other uses * In some medical contexts, a lump protruding into a blood vessel is described as a structural encroachment. * In some ecological contexts, the process of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (property), legal title to a piece of property, usually real property, may acquire legal ownership based on continuous Possession (law), possession or occupation without the permission (licence) of its legal owner. It is sometimes colloquially described as ''squatter's rights'', a term associated with occupation without legal title during the westward expansion in North America, as occupying real property without permission is central to adverse possession. Some jurisdictions regulate squatting separately from adverse possession. Description In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, many legal systems courts recognize that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Utilitarian Theory Of Property
In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for the affected individuals. In other words, utilitarian ideas encourage actions that lead to the greatest good for the greatest number. Although different varieties of utilitarianism admit different characterizations, the basic idea that underpins them all is, in some sense, to maximize utility, which is often defined in terms of well-being or related concepts. For instance, Jeremy Bentham, the founder of utilitarianism, described ''utility'' as the capacity of actions or objects to produce benefits, such as pleasure, happiness, and good, or to prevent harm, such as pain and unhappiness, to those affected. Utilitarianism is a version of consequentialism, which states that the consequences of any action are the only standard of right and wrong. Unlike other forms of consequentialism, such as egoism and altruism, egalitarian utilitarian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labor Theory Of Property
The labor theory of property, also called the labor theory of appropriation, labor theory of ownership, labor theory of entitlement, and principle of first appropriation, is a theory of natural law that holds that property originally comes about by the exertion of labor upon natural resources. The theory has been used to justify the homestead principle, which holds that one may gain whole permanent ownership of an unowned natural resource by performing an act of original appropriation. In his '' Second Treatise on Government'', the philosopher John Locke asked by what right an individual can claim to own one part of the world, when, according to the Bible, God gave the world to all humanity in common. He answered that, although persons belong to God, they own the fruits of their labor. When a person works, that labor enters into the object upon which they are working. Thus, the object becomes the property of that person; however, Locke held that one may only appropriate property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georgism
Georgism, in modern times also called Geoism, and known historically as the single tax movement, is an economic ideology holding that people should own the value that they produce themselves, while the economic rent derived from land—including from all natural resources, the commons, and urban locations—should belong equally to all members of society. Developed from the writings of American economist and social reformer Henry George, the Georgist paradigm seeks solutions to social and ecological problems based on principles of land rights and public finance that attempt to integrate economic efficiency with social justice. Georgism is concerned with the distribution of economic rent caused by land ownership, natural monopolies, pollution rights, and control of the commons, including title of ownership for natural resources and other contrived Privilege (legal ethics), privileges (e.g., intellectual property). Any natural resource that is inherently limited in Supply (econ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
