‘Take Down Mezuzahs, Remove Name-Plates’: The Emigration of Objects from Germany to Palestine

Jewishness ◽  
2008 ◽  
pp. 133-150
Author(s):  
Joachim Schlör
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Private Property ◽  
German Society ◽  
Good Time ◽  
Jeremy Bentham ◽  
National Socialist ◽  
Individual Memory ◽  
The Individual ◽  
The Relationship

This chapter evaluates the meaning of objects inventoried and packed as emigrants prepared to leave Germany for Palestine after Adolf Hitler came to power. Private property has, for both the individual memory and the collective memory, a deep emotional significance. The exclusion of the Jews from German society started with the National Socialist policy of ‘Aryanization’, the expropriation of property. Many y émigrés had to abandon, to leave behind, their private dwellings. In the process, they lost more than the object itself. Around 1800, the British philosopher and legal theoretician Jeremy Bentham drew attention to the importance of the relationship between an object and its owner: ownership forms the basis of a hope. Thus, the threat of losing property is symbolic of the loss of all hope of a continued life in Germany and as a German. Ultimately, Aryanization and confiscation were a symbolic theft of identity. And in these cases, even the legal system was no longer capable of protecting property rights. Those who emigrated in good time were able to take at least some of their property with them.

Spanish Imperial Vassalage and the Social Reproduction of Slavery in Colonial Cuba

2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison
Keyword(s):  
Nineteenth Century ◽  
Political Economy ◽  
Property Rights ◽  
Social Reproduction ◽  
Private Property ◽  
Spanish America ◽  
Private Property Rights ◽  
Center Point ◽  
The Social ◽  
The Relationship

Abstract With the social reproduction of slavery in colonial Cuba as its center point, this essay draws on the recent historiographical acknowledgment of the way vassalage mediated the often starkly drawn social distinctions between whites and enslaved people within colonial Spanish America. Inside the region’s emergent, capitalist political economy, feudal vassalage continued to define each social sector’s rights and responsibilities vis-á-vis the Spanish Crown. The rights of enslaved vassals derived from their potential contributions to the Spanish monarchy’s imperial survival, in their capacity to populate the extensive empire with loyal Catholic subjects and potential military defenders. These concerns also justified the Spanish monarchial state’s ability to intervene between its slaveholding vassals and its enslaved vassals, by limiting private property rights over enslaved people and operating in ways that did not fully conform to capitalist profit motives. Awareness of such sovereign-vassal interdependencies challenges historians to broaden their understanding of the relationship between capitalism and slavery to include the remnants of feudal social-political forms, even into the nineteenth century.

scholarly journals PROPERTY AND THE RULE OF LAW

Legal Theory ◽  
2014 ◽  
Vol 20 (2) ◽  
pp. 79-105 ◽  
Author(s):  
Lisa M. Austin
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Private Property ◽  
Common Law ◽  
Civil Liberties ◽  
Private Property Rights ◽  
The Rule Of Law ◽  
Substantive Content ◽  
The Relationship ◽  
New Framework

This paper offers a new framework for thinking about the relationship between the common law of property and the rule of law. The standard way of framing this relationship is within the terms of the form/substance debate within the literature on the rule of law: Does the rule of law include only formal and procedural aspects or does it also encompass and support substantive rights such as private property rights and civil liberties? By focusing on the nature of common-law reasoning, I wish to question the form/substance dichotomy that frames this debate and to show that the formal aspects of the rule of law are in fact principles widely adopted within the practice of common-law reasoning and as such play a large role in shaping the substantive content of common-law property rights. Understanding this has implications beyond the relationship between property law and the rule of law.

scholarly journals Pomiędzy relacyjnością a ambiwalentnością. Rozwój idei własności i wolności w warunkach politycznych samodzierżawia rosyjskiego w XIX wieku jako lejtmotyw w twórczości naukowej Richarda Pipesa

2021 ◽  
Vol 43 (2) ◽  
pp. 149-169
Author(s):  
Mikołaj Tarkowski
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Private Property ◽  
Russian Empire ◽  
Scientific Activity ◽  
Economic Life ◽  
Ruling Elite ◽  
The Russian Empire ◽  
The Impact ◽  
The Relationship

The article illustrates that property rights, including in particular property and the relationship between property rights and the category of freedom in the nineteenth-century Russian Empire, was one of the most important areas of scientific activity of Richard Pipes. For centuries, both the institution of freedom and property were highly politicised. Based on Richard Pipes’ findings, it can be concluded that the relationship between ownership and freedom manifested itself in the feature of relativity or ambivalence, depending on the time and individual parts of the Russian Empire. In the 19th century, the former mainly influenced the development of the monetary economy, while the latter strengthened the idea of samoderzhavyie in the political system. Richard Pipes noticed the sources of the antinomy between the idea of freedom and property in nineteenth-century Russia in the dynamically developing economic life and the “stillness” of the autocratic political power system. Following this concept, the article presents the doubts appearing among the St Petersburg ruling elite as well as provincial officials related to establishing the personal freedom of peasants in Russia, which finally took place in 1861. The system of tsarist autocracy in Russia, which was developing throughout history, noticed significant links between property and freedom. A good example of this process was the confiscation of land property. In this regard, the article mentions political premises, the impact of the phenomenon of “paradox and tragedy,ˮ as well as the socio-economic calculations carried out in the field of confiscating private property in the western governorates of the Russian Empire, after the January Uprising of 1863.

scholarly journals REVIEW OF PHILOSOPHICAL AND PSYCHOLOGICAL CONCEPTS OF THE PHENOMENON OF PROPERTY

2016 ◽  
pp. 199-205 ◽  
Author(s):  
E. V. Chukanov
Keyword(s):  
Middle Ages ◽  
Private Property ◽  
Point Of View ◽  
Russian Philosophy ◽  
Conflict Situations ◽  
Private And Public ◽  
Personal Use ◽  
The Individual ◽  
The Relationship

The article provides an overview of the philosophical-psychological conceptions of the phenomenon of ownership. The formation of ideas about property and attitudes are affected by the socio-economic conditions of social development. One can highlight several key ideas that are characteristic for a certain stage of the development of society. The issue of property in Ancient Greece acquires the character of reasoning about the relationship between private and public interests, morals and property, as well as the role of the legislature in dealing with conflict situations, consideration of natural sources and prerequisites for the formation of the phenomenon of ownership, the relationship between natural and unnatural origins of relationship to the property. The philosophy of the Middle Ages examines the problem of the relation between the divine and the earthly, the place of property in the process of interaction "Man-God". Social utopias were characteristic of the Renaissance. A change in the political and socio-economic structure ofEuropeled to the understanding of social inequality. The tension created by inequality, could be released by viewing society and polity as a determinant of the development of negative personality traits (anger, theft, greed, etc.). Utopian "worlds" were the result of a desire to change the real power in society. However, property is not denied, but only goes into collective and personal use. Russian philosophy considers the phenomenon of property from the point of view of the “individual – God” interaction. Private property contributes to the activity of the individual, developing their knowledge and skills through work. Property is divine, and man disposes of it, not owns. Without its spiritual meaning property becomes a means of violating social stability. The main purpose of ownership is to serve the society. The state plays the role of a controller of personal selfish needs of a man.

scholarly journals Between Individual Memory and Social Memory. What Do People in Poland Remember About 1989?

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Aneta Ostaszewska
Keyword(s):  
Eastern Europe ◽  
Collective Memory ◽  
Central And Eastern Europe ◽  
Social Memory ◽  
Political Transformation ◽  
The Past ◽  
Individual Memory ◽  
Collapse Of Communism ◽  
The Individual ◽  
The Relationship

30 years have passed since the events of 1989 that led to the collapse of communism in Central and Eastern Europe. In the paper the themes of social memory of political transformation in Poland in 1989 are discussed. The content of online statements collected from popular Polish news portals are analysed. When asking the question what events and experiences do Poles bring back when they think of 1989, I am interested in the relationship between the individual (biographical) memory and collective memory – the socially reconstructed knowledge of the past.

Land Reform and Landless Movements

2011 ◽  
Author(s):  
Wendy W. Wolford ◽  
Timothy Gorman
Keyword(s):  
Property Rights ◽  
Social Relations ◽  
Land Reform ◽  
Karl Marx ◽  
Private Property ◽  
National Socialist ◽  
Local Conditions ◽  
Land Distribution ◽  
Agrarian Question ◽  
Key Factor

Organization by rural landless movements has been the primary factor driving the implementation of land reform projects. At the heart of land reform is a debate over the very nature of both property and rights within and between socialist and capitalist economic systems of the modern era. One common interpretation of the development of property rights was articulated by Karl Marx, who argued that capitalism was made possible through theft of common land by a rising bourgeois class. The issue of private property rights in land emerged as a crucial aspect of national socialist transformation in the early 1900s. Known as the “Agrarian Question,” it was first formulated by Karl Kautsky as both a political and economic question. Land distribution occurs today via three main mechanisms, which differ in their emphasis on market transactions, state appropriations, and grassroots mobilizations: the market, state, and civil society. Grassroots mobilization to demand access to land has been a key factor behind most if not all land distribution programs. There is a growing literature on the transnational peasant movement (TPM), but much of it is laudatory and descriptive, focusing on the formation of various movements and campaigns. Comparative work is needed to elucidate general trends and retain sensitivity to local conditions in the future. Furthermore, the literature on land reform must be interdisciplinary, with attention to economic issues, political factors, social relations (including power), and historical particularities.

Property

2017 ◽  
Author(s):  
Marco Barducci
Keyword(s):  
Property Rights ◽  
Social Contract ◽  
Private Property ◽  
The Political ◽  
Individual Rights ◽  
Law Of War ◽  
Political Implications ◽  
The Social ◽  
The Commons ◽  
The Relationship

Chapter 6 will focus primarily on the political implications of Grotius’ theory of ‘limited’ property as they concerned the relationship between the sphere of individual rights, the social contract, and the prerogatives of civil power. From the debate on the abolition of tithes in the early 1640s to the controversy between Filmer and Locke in the 1680s, the debates on property rights revolved around how much individuals could impropriate from the commons stock and, accordingly, on the limits and prerogatives of civil power in regulating private property. Grotius’ theory of property, along with his analysis of the law of war, were also components of Dutch and English expansion overseas.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

The Cadastral and Land Information Systems for an Effective Land Governance

2019 ◽  
pp. 215-232
Author(s):  
Abdeslam Moulay Adad
Keyword(s):  
Property Rights ◽  
Land Development ◽  
Business Systems ◽  
Individual Property ◽  
Land Administration ◽  
3D Cadastre ◽  
The Individual ◽  
Cadastral System ◽  
The Relationship ◽  
Cadastral Systems

The cadastral system as a civilian register of a property has a fundamental role in every society because it ensures the relationship between the land and the humankind. This relationship is evident in the form of property rights and established in many different manners from the full control, through communal forms of tenure, to the individual property rights. This chapter has the aim to deal with the nature and categories of the existing cadastral systems. It will highlight the new approaches and visions to establish cadastral systems that will meet the requirements of re-engineering the framework of land development projects. An overview of the state of the art of the modern concepts of cadastral systems will be provided such as Cadastre 2014, 3D Cadastre, and Marine Cadastre. The goal behind this approach is to enable decision makers to have an idea on the existing paradigms of land administration and to master the relationships between humankind and land, infrastructures and business systems, and between the human being and technological issues.

scholarly journals Taking as giving, appropriation as access: transfers of land development rights and China’s recent experiments

2020 ◽  
Vol 64 (3) ◽  
pp. 411-424
Author(s):  
Ting Xu ◽  
Wei Gong
Keyword(s):  
Private Property ◽  
Land Development ◽  
Private Land ◽  
Public Interests ◽  
Development Rights ◽  
New Perspective ◽  
The Individual ◽  
The Cost ◽  
The Relationship ◽  
Liberal Concept

Economic development at both the domestic and global levels is associated with increasing tensions which are inextricably linked to the meaning and allocation of property rights, which has a great impact on appropriation of resources and may lead to different paths of development. ‘Taking’ – the appropriation of private land for public needs – is a typical example that exhibits those tensions, posing a challenge to the conventional conception of property as individualistic and exclusive rights of possession, use and disposition and to the associated neoliberal model of development. Should the individual landowner be left to bear the cost of a regulatory intervention which endures to the wider benefit of the whole community? How can the tensions between private ownership and public regulation be mitigated? If we take the liberal concept of property, then private property seems to be in constant conflict with public interests and wider social concerns. Meanwhile, community, situating between the state and the individuals, and community’s relationship to development rights have not provoked enough discussion. The paper explores the different ways land development rights might be seen both in Western, essentially common law, systems and in China, especially now and in view of two case studies. An empirical example in Wugang, China, reveals the importance of integrating the ‘community lens’ proposed by Roger Cotterrell into studies of the transfer of land development rights. Reading through the community lens, taking could be giving and appropriation could also be access. This approach provides a new perspective to re-evaluate the relationship between legal appropriation and development.

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