property as land , propety as power

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Locke: What is private property? How do we acquire it?
“God, who hath given the World to Men in common, hath also given them reason to make use of it to the best advantage of Life, and convenience” – John Locke, Second Treatise on Government (1689
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Locke: What is private property? How do we acquire it?
“… Yet every Man has Property in his own Person. This no Body has any Right to but himself. The Labour of his Body, and the Work of his Hands, we may say, are properly his. Whateverso he then removes out of the State of Nature hath provided, and left
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However, we must not:
Take so much so as to deprive others. Take so much that we waste what we appropriate. Claim that we are able to acquire property that has not been acquired by our labour.
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Bentham: What is private property? How do we acquire it?
“Right… is the child of law; from real laws come real rights; from imaginary laws, from laws of nature, fancied and invented by poets, rhetoricians, and dealers in moral and intellectual poisons, come imaginary rights, a ******* brood of monsters… Na
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Blackstone: What is private property? How do we acquire it?
“Property is the sole and despotic dominion which one man claims and exercises over the external things of the world in total exclusion of the right of any other individual in the universe”- William Blackstone, Commentaries on the Laws of England (17
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Lucy & Mitchell: What is private property? How do we acquire it?
none of which are fulfilled in contemporary societies. serves to obscure this point, blinding us to the actuality of land holding
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Property as Fact
behavioural understanding of property - issues of possession. - possession we render it measurable. Possession then becomes an operative concept, external modalities of control
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example 1
posession as balance of human power relationships in respect of land -adverse posession .
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example 2
posession as legitimacy, with our property acting as an embodiment of our own personality and autonomy. Example: Feudalism
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key cases
antonaides and villiers
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Property as Artificially Defined Rights
conceptual understanding of property - property in terms of our rights in relation to a thing. possible - property as something that is subject to multiple co-existing rights
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property as responsibillity
obligatorial understanding of property - strands of utility/use-power - core of our rights in relation to a thing. appreciates how property can be utilised in a variety of overlapping ways. est state regulation
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Access or Exclusion?
What things are protected by property law? Who is property protected for/from? Enforcement? Enforcement? Does it matter if the property is owned by a private individual or the state?
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Access
Right to pass and re-pass on the highway. Right to use village greens. Right to access common land. Prescriptive acquisition of easements.
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Exlusion
Jeremy Waldron: Right of possession; Right to use; Right to manage; Right to income; Right to capital value; Security; Power to transmit.
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Common Property
Governed by rules that make sure property is available for use by all. Restrictions are aimed at securing fair access. Resources are left open to all.
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Collective Property
Community as a whole determines how resources are to be used. Decisions are made based on social interest through collective decision making. Issues can arise with the dominant conception of what is in the social interest.
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Private Property
Contested resources are regarded as separate objects. Private property is subject to individual decision-making. Background rules impose limits on an owner’s freedom to control their property. “Ownership” is a matter of degree.
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Case Study: Infrastructure Act 2015
fracking: ss43-47: allows hydraulic fracturing under people’s land without their permission. Grants statutory rights to use deep-level land for the purposes of exploiting petroleum or deep geothermal energy in England and Wales.
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Case Study: Infrastructure Act 2015 2
invasive species: Informal plan to control the species with the owner. Species Control Agreement (owner is asked to agree to its terms). Species Control Order (plan that owner must follow by law).
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Other cards in this set

Card 2

Front

“… Yet every Man has Property in his own Person. This no Body has any Right to but himself. The Labour of his Body, and the Work of his Hands, we may say, are properly his. Whateverso he then removes out of the State of Nature hath provided, and left

Back

Locke: What is private property? How do we acquire it?

Card 3

Front

Take so much so as to deprive others. Take so much that we waste what we appropriate. Claim that we are able to acquire property that has not been acquired by our labour.

Back

Preview of the back of card 3

Card 4

Front

“Right… is the child of law; from real laws come real rights; from imaginary laws, from laws of nature, fancied and invented by poets, rhetoricians, and dealers in moral and intellectual poisons, come imaginary rights, a ******* brood of monsters… Na

Back

Preview of the back of card 4

Card 5

Front

“Property is the sole and despotic dominion which one man claims and exercises over the external things of the world in total exclusion of the right of any other individual in the universe”- William Blackstone, Commentaries on the Laws of England (17

Back

Preview of the back of card 5
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