Results for 'Property Rights'

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  1.  20
    The Property Right to Voice.Avital Margalit & Shai Stern - 2024 - Canadian Journal of Law and Jurisprudence 37 (1):167-197.
    Should property owners have a unique right to express their opinion just because they own property? While current law recognizes owners’ rights to express their voices in certain instances, it does not provide comprehensive and coherent answers to this question. This article provides an analytical framework for recognizing the owners’ right to voice as an independent property entitlement within the owners’ property bundle of rights and delineates its boundaries. Yet even when the owners’ voice (...)
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  2.  12
    From Conflict to Confluence of Interest.Intellectual Property Rights - 2010 - In Thomas H. Murray & Josephine Johnston (eds.), Trust and integrity in biomedical research: the case of financial conflicts of interest. Baltimore: Johns Hopkins University Press.
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  3. John Baden and Richard Stroup.Property Rights - forthcoming - Contemporary Issues in Business Ethics.
     
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  4. Public ai= I= airs quarterly.Private Property Rights - 2002 - Public Affairs Quarterly 16:231.
  5. Roland N. Mckean.Some Changing Property Rights - forthcoming - Contemporary Issues in Business Ethics.
     
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  6. Property Rights : Philosophic Foundations.Lawrence C. Becker - 1977 - Routledge.
    _Property Rights: Philosophic Foundations,_ first published in 1977, comprehensively examines the general justifications for systems of private property rights, and discusses with great clarity the major arguments as to the rights and responsibilities of property ownership. In particular, the arguments that hold that there are natural rights derived from first occupancy, labour, utility, liberty and virtue are considered, as are the standard anti-property arguments based on disutility, virtue and inequality, and the belief that (...)
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  7.  49
    Neither property right nor heroic gift, neither sacrifice nor aporia: the benefit of the theoretical lens of sharing in donation ethics. [REVIEW]Kristin Zeiler - 2014 - Medicine, Health Care and Philosophy 17 (2):171-181.
    Two ethical frameworks have dominated the discussion of organ donation for long: that of property rights and that of gift-giving. However, recent years have seen a drastic rise in the number of philosophical analyses of the meaning of giving and generosity, which has been mirrored in ethical debates on organ donation and in critical sociological, anthropological and ethnological work on the gift metaphor in this context. In order to capture the flourishing of this field, this article distinguishes between (...)
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  8.  2
    Property Rights.Fred D. Miller - 1995 - In Fred Dycus Miller (ed.), Nature, justice, and rights in Aristotle's Politics. New York: Oxford University Press.
    Supports Ernest Barker's interpretation that Aristotle offers a ‘vindication of the right of private property.’ Although Aristotle emphasizes the common interests of the citizens, he also provides a place for private property in all of his constitutions, including the best constitution. The chapter argues that Aristotle gives a basic account of property ownership that is similar to modern concepts of property rights. He offers justifications of private property, states conditions under which property may (...)
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  9.  98
    Property rights of personal data and the financing of pensions.Francis Cheneval - 2021 - Critical Review of International Social and Political Philosophy 24 (2):253-275.
    Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that (...)
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  10.  45
    Property rights of personal data and the financing of pensions.Francis Cheneval - 2021 - Critical Review of International Social and Political Philosophy 24 (2):253-275.
    Property rights of personal data have been advocated for some time. From the perspective of economics of law some argued that they could lower transaction costs for contracts involving personal data. This may be the case, but new transaction costs are introduced by propertization and the issue has not been settled. In this paper, I focus on a different and potentially more important aspect. In the actual situation, data collectors externalize costs and internalize benefits. An ownership regime that (...)
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  11.  38
    Intellectual Property Rights and Chinese Tradition Section: Philosophical Foundations.John Alan Lehman - 2006 - Journal of Business Ethics 69 (1):1-9.
    Western attempts to obtain Chinese compliance with intellectual property rights have a long history of failure. Most discussions of the problem focus on either legal comparisons or explanations arising from levels of economic development (based primarily on the example of U.S. disregard for such rights during the 18th and 19th centuries). After decades of heated negotiation, intellectual property rights is still one of the major issues of misunderstanding between the West and the various Chinese political (...)
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  12. The property rights approach to moral uncertainty.Harry R. Lloyd - manuscript
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  13.  30
    Reconciling the Irreconcilable: A Property Rights Approach to Resolving the Animal Rights Debate.Anthony J. Cesario - 2021 - Studia Humana 10 (4):36-65.
    Libertarianism is understood to be a “deontological theory of law” that purportedly applies exclusively to humans. According to some libertarians, however, “one of the greatest weaknesses of libertarian theory” is that there are no provisions outlawing the abuse and torture of animals even though this seems to be one of “the most heinous acts it is possible to do”. Moreover, a few of these libertarians go even further and claim that this legal philosophy of non-aggression should actually be extended to (...)
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  14. Property rights in genetic information.Richard A. Spinello - 2004 - Ethics and Information Technology 6 (1):29-42.
    The primary theme of this paper is the normative case against ownership of one's genetic information along with the source of that information (usually human tissues samples). The argument presented here against such “upstream” property rights is based primarily on utilitarian grounds. This issue has new salience thanks to the Human Genome Project and “bio-prospecting” initiatives based on the aggregation of genetic information, such as the one being managed by deCODE Genetics in Iceland. The rationale for ownership is (...)
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  15. Property Rights and the Resource Curse: A Reply to Wenar.Scott Wisor - 2012 - Journal of Philosophical Research 37:185-204.
    In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in (...)
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  16. Property Rights, Future Generations and the Destruction and Degradation of Natural Resources.Dan Dennis - 2015 - Moral Philosophy and Politics 2 (1):107-139.
    The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...)
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  17.  77
    Private property rights and autonomy.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:231-258.
    A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard (...)
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  18.  48
    Animal Property Rights: A Theory of Habitat Rights for Wild Animals.John Hadley - 2015 - Lanham: Lexington Books.
    This book presents a theory of habitat rights for wild animals, positioning animal property rights within the existing institution of property and discussing the practical implications of giving property rights to animals.
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  19.  32
    Property Rights and the Resource Curse.Scott Wisor - 2012 - Journal of Philosophical Research 37:185-204.
    In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in (...)
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  20.  47
    Private Property Rights, Moral Extensionism and the Wise-Use Movement: A Rawlsian Analysis.Eric Reitan - 2004 - Environmental Values 13 (3):329 - 347.
    Efforts to protect endangered species by regulating the use of privately owned lands are routinely resisted by appeal to the private property rights of landowners. Recently, the 'wise-use' movement has emerged as a primary representative of these landowners' claims. In addressing the issues raised by the wise-use movement and others like them, legal scholars and philosophers have typically examined the scope of private property rights and the extent to which these rights should influence public policy (...)
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  21.  15
    Property Rights in an Entangled Political Economy.Mikayla Novak - 2018 - Journal des Economistes Et des Etudes Humaines 24 (1).
    This paper outlines key applications of property rights theory from the standpoint of ‘entangled political economy,’ which conceptualises economic and political agents interacting within society. The entangled political economy framework stresses that property rights denote relationships between societal members, and that property rights are the subject of evolutionary change. The nature and role of property rights in an entangled political economy reinforces the ‘bundle of rights’ perspective, challenging notions of property (...)
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  22.  49
    Property Rights with Respect to Modern Money: A Libertarian Justification.Lennart B. Ackermans - 2020 - Journal of Social Ontology 6 (2):315-349.
    The traditional Lockean justification of property rights has been argued to be no longer valid in a world in which much wealth does not derive from acquisitions of natural resources, and in which much property, such as money, is intangible. This means that libertarians need to reconsider whether and why property rights are justified for objects that fall outside of the scope of the Lockean justification. This paper gives a justification of property rights (...)
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  23.  42
    Property rights and groundwater in Nebraska.E. Wesley, F. Peterson, J. David Aiken & Bruce B. Johnson - 1993 - Agriculture and Human Values 10 (4):41-49.
    Property rights are important institutions that influence economic performance and reflect the historical, cultural, and political realities of particular societies. Drawing on a variety of concepts from legal and economic studies, a framework for explaining the origin and evolution of property rights is developed and applied to the specific case of changing ground water rights in Nebraska. The Nebraska case is an interesting example of reliance on local control in regulating water use. Despite the importance (...)
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  24.  41
    Private Property Rights and the Public Interest in Exploration of Outer Space.Frans G. von der Dunk - 2018 - Biological Theory 13 (2):142-151.
    The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework (...)
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  25.  25
    A Property Rights Analysis of Newly Private Firms: Opportunities for Owners to Appropriate Rents and Partition Residual Risks.Marguerite Schneider & Alix Valenti - 2011 - Business Ethics Quarterly 21 (3):445-471.
    ABSTRACT:A key factor in the decision to convert a publicly owned company to private status is the expectation that value will be created, providing the firm with rent. These rents have implications regarding the property rights of the firm’s capital-contributing constituencies. We identify and analyze the types of rent associated with the newly private firm. Compared to public firms, going private allows owners the potential to partition part of the residual risk to bond holders and employees, rendering them (...)
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  26.  69
    Corporate property rights.Larry May - 1986 - Journal of Business Ethics 5 (3):225 - 232.
    Corporate property rights present an interesting challenge to the liberal conception of property rights, for it is unclear that the self-respect of individuals is promoted by the existence of a system of property rights for corporations. I argue that it is difficult even to identify who the individuals are who are the owners of large corporations, and why these individuals should be given the same claims, protections and immunities as other property rights (...)
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  27.  7
    Mamluks, Property Rights, and Economic Development: Lessons from Medieval Egypt.Lisa Blaydes - 2019 - Politics and Society 47 (3):395-424.
    Secure property rights are considered a common institutional feature of rapidly growing economies. Although different property rights regimes have prevailed around the world over time, relatively little scholarship has empirically characterized the historical property rights of societies outside Western Europe. Using data from Egypt’s Mamluk Sultanate, this article provides a detailed characterization of land tenure patterns and identifies changes to real property holdings associated with an institutional bargain between Egypt’s slave soldiers—the mamluks—and the (...)
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  28.  88
    Property rights and genetic engineering: Developing nations at risk.Kristin Shrader-Frechette - 2005 - Science and Engineering Ethics 11 (1):137-149.
    Eighty percent of (commercial) genetically engineered seeds (GES) are designed only to resist herbicides. Letting farmers use more chemicals, they cut labor costs. But developing nations say GES cause food shortages, unemployment, resistant weeds, and extinction of native cultivars when “volunteers” drift nearby. While GES patents are reasonable, this paper argues many patent policies are not. The paper surveys GE technology, outlines John Locke’s classic account of property rights, and argues that current patent policies must be revised to (...)
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  29.  88
    Taking property rights seriously: The case of climate change: Jonathan H. Adler.Jonathan H. Adler - 2009 - Social Philosophy and Policy 26 (2):296-316.
    The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called “free market environmentalism”, is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described FME advocates adopt a utilitarian, welfare-maximization approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic, human-induced (...)
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  30.  9
    The Origins and Consequences of Property Rights: Austrian, Public Choice, and Institutional Economics Perspectives.Colin Harris, Meina Cai, Ilia Murtazashvili & Jennifer Murtazashvili - 2020 - Cambridge University Press.
    Property rights are the rules governing ownership in society. This Element offers an analytical framework to understand the origins and consequences of property rights. It conceptualizes of the political economy of property rights as a concern with the follow questions: What explains the origins of economic and legal property rights? What are the consequences of different property rights institutions for wealth creation, conservation, and political order? Why do property institutions (...)
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  31.  39
    Intellectual property rights and computer software.John Weckert - 1997 - Business Ethics, the Environment and Responsibility 6 (2):101–109.
    ‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the School (...)
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  32.  86
    Do Property Rights Presuppose Scarcity?David Faraci - 2014 - Journal of Business Ethics 125 (3):531-537.
    There is a common view, dating back at least to Hume, that property rights presuppose scarcity. This paper is a critical examination of that thesis. In addition to questioning the thesis, the paper highlights the need to divorce the debate over this thesis from the debate over Intellectual Property (IP) rights (the area where it is most frequently applied). I begin by laying out the thesis’ major line of defense. In brief, the argument is that (1) (...)
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  33.  26
    Property rights, genes, and common good.Esther D. Reed - 2006 - Journal of Religious Ethics 34 (1):41-67.
    This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual (...)
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  34.  59
    Gauthier, Property Rights, and Future Generations.Kevin Sauvé - 1995 - Canadian Journal of Philosophy 25 (2):163 - 176.
    In Morals by Agreement David Gauthier proposes four criteria for classifying a society's advancement toward ‘higher stages of human development.' Significantly, these criteria — material well-being, breadth of opportunity, average life-span, and density of population — do not include as an equally valuable achievement the society's capacity to sustain its standard of living. Nonetheless Gauthier presents three arguments intended to show that a community founded on his distributive theory will view depletionary resource policies as unreasonable and unacceptable. I shall contend (...)
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  35.  32
    Intellectual Property Rights.Shah Mohammad Kermat Ali - 2012 - Bangladesh Journal of Bioethics 1 (1):8.
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  36.  41
    Natural Property Rights: Where They Fail.Robert Ehman - 1998 - Social Philosophy and Policy 15 (2):283.
    For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a (...)
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  37.  4
    Natural Property Rights.Eric R. Claeys - 2024 - Cambridge University Press.
    Natural Property Rights presents a novel theory of property based on individual, pre-political rights. The book argues that a just system of property protects people's rights to use resources and also orders those rights consistent with natural law and the public welfare. Drawing on influential property theorists such as Grotius, Locke, Blackstone, and early American statesmen and judges, as well as recent work in in normative and analytical philosophy, the book shows how (...)
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  38.  56
    Intellectual Property Rights, Moral Imagination, and Access to Life-Enhancing Drugs.Michael Gorman - 2005 - Business Ethics Quarterly 15 (4):595-613.
    Abstract:Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmly embedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and (...)
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  39.  19
    Natural Property Rights: Where They Fail.Robert Ehman - 1998 - Social Philosophy and Policy 15 (2):283-302.
    For classical liberals, natural property rights are the moral foundation of the market and of individual freedom. They determine the initial position from which persons legitimately make contracts and assess the validity of collective action. Since they establish the initial conditions of legitimate agreements, they cannot be dependent upon agreements. Persons possess these rights apart from social institutions. Natural rights typically not only prohibit interference with a person's body and mind but also forbid interference with a (...)
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  40. Property, Rights, and Freedom.Gerald F. Gaus - 1994 - Social Philosophy and Policy 11 (2):209-240.
    William Perm summarized theMagna Cartathus: “First, It assertsEnglishmento be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...)
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  41. Property Rights and the Political Philosophy of John Locke.Ruth J. Sample - 1995 - Dissertation, University of Pittsburgh
    The ultimate aim of this dissertation is to determine whether libertarian theories of property can be adequately grounded in Locke's theory of natural rights. I defend the thesis that Locke's theory has no room for a fundamental commitment to natural rights, including property rights. ;In the first three chapters, I challenge each component of the dominant interpretation of Locke's theory of property in this century, viz., that of C. B. Macpherson. In Chapter One, I (...)
     
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  42.  20
    Scarcity, Property Rights, Irresponsibility: How Intellectual Property Deals with Neglected Tropical Diseases.Daniel Pinheiro Astone - 2023 - Law and Critique 34 (1):145-164.
    The article addresses the role of scarcity in negotiating the relationship between intellectual property, particularly from a legal-economic perspective, and property rights, as understood by transaction cost economics, to shed light on the deadlock faced by those suffering from neglected tropical diseases (NTDs). The consistency of the law and economics fundamentals that support the trade on knowledge goods, namely patents on essential medicines, is put under check by Scott Veitch’s scholarship on legal irresponsibility. The damages that emerge (...)
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  43.  38
    Are Property Rights Ever Basic Human Rights?Rowan Cruft - unknown
    Stealing from someone is not as bad as torturing, killing or raping them. But is the difference between theft and these fundamental violations simply a difference in degree (of severity)? I begin this article by outlining several ways in which the moral grounds for property rights differ in kind from those for basic human rights, differences that underpin and explain the difference in severity. I go on to ask whether, despite these differences, there might be some (...) rights that we should still classify as basic human rights. (shrink)
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  44.  9
    Intellectual Property Rights and Computer Software.John Weckert - 1997 - Business Ethics, the Environment and Responsibility 6 (2):101-109.
    ‘It is much more difficult than is often admitted to make a strong case for the ownership of computer software.’ This closely argued study of the strengths and weaknesses of the case for intellectual property rights and against software piracy is based on material contained in the author’s joint work with Douglas Adeney, Computer and Information Ethics, Greenwood Press, an imprint of Greenwood Publishing Group, INC., Westport, CT, forthcoming May, 1997. The author is a member of the School (...)
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  45.  11
    Property Rights and Welfare Redistribution.Jeremy Waldron - 2003 - In R. G. Frey & Christopher Heath Wellman (eds.), A Companion to Applied Ethics. Malden, MA: Wiley-Blackwell. pp. 38–49.
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  46.  53
    Property rights and free speech: Allies or enemies?James W. Ely - 2004 - Social Philosophy and Policy 21 (2):177-194.
    Free speech has been treated as a preeminent constitutional right in the United States for more than half a century. The rights of property owners, on the other hand, have received little constitutional protection since the New Deal period of the 1930s. This modern dichotomy is particularly striking because it obscures an older constitutional tradition that equated economic liberty and freedom of expression. This tradition saw both property rights and speech rights as essential to the (...)
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  47.  29
    Property Rights, Innovation, and Constitutional Structure: JONATHAN R. MACEY.Jonathan R. Macey - 1994 - Social Philosophy and Policy 11 (2):181-208.
    The Industrial Revolution caused an expansion of our ideas of property to include other forms of wealth, such as innovations and productive techniques. And the modern age has caused a further expansion of our ideas of property to include inchoate items, particularly information. The Framers of the U.S. Constitution presumed that government not only took an expansive view of the nature of property rights, they also believed that such rights should be protected. To James Madison (...)
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  48.  22
    Private Property Rights and the Public Interest in Exploration of Outer Space.Frans Dunk - 2018 - Biological Theory 13 (2):142-151.
    The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework (...)
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  49.  11
    Property Rights: The Argument for Privatization.Walter E. Block - 2019 - Springer Verlag.
    In this timely book, Walter E. Block uses classical liberal theory to defend private property rights. Looking at how free enterprise, capitalism and libertarianism are cornerstones of economically prosperous civilizations, Block highlights why private property rights are crucial. Discussing philosophy, libertarian property rights theory, reparations and other property rights issues, this volume is of interest to academics, students, journalists and all those interested in this integral aspect of political economic philosophy.
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  50. Natural property rights.Allan Gibbard - 1976 - Noûs 10 (1):77-86.
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