scholarly journals Reconciling the Irreconcilable: A Property Rights Approach to Resolving the Animal Rights Debate

Studia Humana ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 36-65
Author(s):  
Anthony J. Cesario
Keyword(s):  
Property Rights ◽  
Animal Rights ◽  
Private Property ◽  
Legal Philosophy ◽  
Private Property Rights ◽  
Deontological Theory ◽  
Libertarian Theory ◽  
Theory Of Law

Abstract 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 include other animals. The purpose of this paper is to reconcile this seemingly irreconcilable situation by arguing that it is a “continuum problem” and offering a principled, libertarian compromise that resolves the animal rights debate using the non-aggression principle (NAP) and private property rights.

scholarly journals PRIVATE PROPERTY RIGHTS AND THE DECEASED

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 15-27
Author(s):  
Cole Green ◽  
Alejandro Hernandez
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Legal Theory ◽  
Private Property Rights ◽  
The Future ◽  
The Status ◽  
The Will ◽  
Libertarian Theory ◽  
Deceased People ◽  
Minimal Research

While the libertarian theory of property rights has been thoroughly studied, there has been minimal research done in regard to a deceased person’s ability to dictate the future of the property he owned in life. In this paper, we attempt to develop a theory of the property rights of deceased people consistent with libertarian principles. We analyze the legitimacy of contracts between two individuals after one individual dies, ownership of the cadaver, the deceased’s right to decide which actions are permissible to perform on the said cadaver, and the status of the deceased property when a will both has and has not been written. While there has been no explicit commentary made regarding these topics, outside from the will, the authors extrapolated current libertarian theories on property rights and applied them accordingly. While the authors of the paper ultimately do not reach a consensus agreement on some of the issues discussed in the paper, this exploratory work on the property rights of the deceased is intended to open further discussion and research on the matter to further contribute to the formulation of a concise libertarian legal theory.

LAND PLOT AS AN OBJECT OF PRIVATE PROPERTY RIGHTS

2020 ◽  
Author(s):  
Vyacheslav Vovk
Keyword(s):  
Property Rights ◽  
Land Management ◽  
Land Reform ◽  
Essential Role ◽  
Private Property ◽  
Rich Country ◽  
Private Property Rights ◽  
Land Plot ◽  
Government Supervision

Russia is a resource-rich country, and great changes are being made today in order that land and its resources are used for the benefit of any citizen of our state. Under the circumstances government supervision (control) over the optimal use of territories gets the essential role. The rights that are contained in land reform give owners, landowners, land users, and employers extensive powers concerning independent land management.

Konsep Distribusi Pendapatan Dalam Islam

2016 ◽  
Vol 1 (1) ◽  
pp. 85-97
Author(s):  
Moh. Ah. Subhan ZA
Keyword(s):  
Property Rights ◽  
Social Life ◽  
Private Property ◽  
Wealth Distribution ◽  
The State ◽  
Private Property Rights ◽  
Job Opportunities ◽  
The Rich ◽  
The Difference ◽  
Distribution Of Income

The main problem of social life in the community is about how to make the allocation and distribution of income well. Inequality and poverty basically arise not because of the difference of anyone’s strength and weakness in getting livelihood, but because of inappropriate distribution mechanism. With the result that wealth treasure just turns on the rich wealthy, which is in turn, results in the rich get richer and the poor get poorer.Therefore, a discussion on distribution becomes main focus of theory of Islamic economics. Moreover, the discussion of the distribution is not only related to economic issues, but also social and political aspects. On the other side, the economic vision of Islam gives priority to the guarantee of the fulfillment of a better life. Islam emphasizes distributive justice and encloses, in its system, a program for the redistribution of wealth and prosperity, so that each individual is guaranteed with a respectable and friendly standard of living. Islam recognizes private property rights, but the private property rights must be properly distributed. The personal property is used for self and family livelihood, for investment of the working capital, so that it can provide job opportunities for others, for help of the others through zakat, infaq, and shodaqoh. In this way, the wealth not only rotates on the rich, bringing on gap in social life.The problem of wealth distribution is closely related to the welfare of society. Therefore, the state has a duty to regulate the distribution of income in order that the distribution can be fair and reaches appropriate target. The state could at least attempt it by optimizing the role of BAZ (Badan Amil Zakat) and LAZ (Lembaga Amil Zakat) which has all this time been slack. If BAZ and LAZ can be optimized, author believes that inequality and poverty over time will vanish. This is because the majority of Indonesia's population is Muslim.

Libertarianisms

2018 ◽  
Author(s):  
Daniel Halliday
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Private Property Rights ◽  
Classical Liberal ◽  
Inherited Wealth ◽  
Left And Right ◽  
The Common

This chapter considers various arguments both for and against taxing inherited wealth, each of these being associated with some or other type of libertarian outlook. Libertarianism in the Lockean guises (‘left’ and ‘right’ varieties) is distinguished from its classical liberal alternative, which downplays the Lockean emphasis on private property rights in favour of a more defeasible case for small government and low taxation. These different perspectives generate a variety of quite different arguments about inheritance, some more persuasive than others. Some attention is paid to the common claim that inheritance taxes ‘punish’ virtue and generosity. It is then argued that a Rignano scheme may be particularly attractive in light of certain left-libertarian commitments and as a way of accommodating a classical liberal concern about perpetual savings.

Incommensurable preferences in contingent valuation: the case of Natura 2000 Network in Finland

2000 ◽  
Vol 27 (3) ◽  
pp. 260-268 ◽  
Author(s):  
M. REKOLA ◽  
E. POUTA ◽  
J. KUULUVAINEN ◽  
O. TAHVONEN ◽  
C.-Z. LI
Keyword(s):  
Property Rights ◽  
Contingent Valuation ◽  
Environmental Ethics ◽  
Private Property ◽  
Policy Decision ◽  
Natura 2000 ◽  
Private Property Rights ◽  
Lexicographic Preferences ◽  
Preference Construction ◽  
Policy Decision Making

In the literature of contingent valuation, a rights-based system of environmental ethics claiming that natural objects have absolute rights, has frequently been regarded as the main reason for incommensurability, i.e. for citizens’ inability to find a common measure according to which all values could be ranked. In a study of 2400 Finns aged between 18 and 70, we tested whether a respondent's commitment to guaranteeing private property rights could be a reason for incommensurability beyond the respondent's possible commitment to absolute nature rights. It was found that incommensurability, modelled with lexicographic preferences, was attributable more often to private property rights than to nature rights. However, Finnish respondents who had lexicographic preferences for nature rights based their choice more often on an ethical judgement, whereas lexicographic preferences for property rights could rather be explained with an ambivalent preference construction. Lexicographic preferences for nature rights increased the willingness to pay for conservation, while lexicographic preferences for property rights decreased it. The result, which was predicted by the theory, supported the validity of incommensurability measurement. The study therefore indicates that several reasons for incommensurable preferences may exist and that it is possible to measure these reasons in contingent valuation surveys in order to judge the validity of the welfare measures in environmental policy decision-making.

Review of Article 27.3(b) and the Patenting of Life Forms: Hitting a BRIC Wall in the WTO?

2021 ◽  
Vol 26 (2) ◽  
pp. 289-318
Author(s):  
Jagjit Plahe ◽  
Nitesh Kukreja ◽  
Sunil Ponnamperuma
Keyword(s):  
Developing Countries ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Private Property ◽  
Life Forms ◽  
Private Property Rights ◽  
Ethical Concerns ◽  
The World ◽  
Over Time

Abstract Under Article 27.3(b) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO), all members are required to extend private property rights to life forms. Using official WTO documents, this article analyzes the negotiating positions of WTO members on life patents during a review of Article 27.3(b) which commenced in 1999 and is currently ongoing. Initially, developing countries raised serious ethical concerns regarding life patents, creating a clear North-South divide. However, over time the position of Brazil and India moved away from the ethics of life patents to the prevention of bio-piracy, a position supported by China. Russia too is supportive of life patents. A group of small developing countries have, however, continued to question the morality of life patents despite this “BRIC wall,” changing the dynamics of the negotiations from a North-South divide to one which now includes a South-South divide.

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