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Book part
Publication date: 1 July 2004

Imani Perry

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates…

Abstract

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-76231-109-5

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Abstract

X = multiple interpretations

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Documents on Government and the Economy
Type: Book
ISBN: 978-1-78052-827-4

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Article
Publication date: 13 February 2017

Ziade Hailu, Isaac N. Nkote and John C. Munene

The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land…

Abstract

Purpose

The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land formalization project in Addis Ababa, Ethiopia.

Design/methodology/approach

The study was cross-sectional in design; data were collected from a sample of 210 households that benefited from the recent Addis Ababa city land and buildings formalization project. Confirmatory factor analysis was used to assess the goodness-of-fit of the latent structures underlying the constructs. Mediation was tested using the Baron and Kenny steps, combined with bootstrapping technique. Robustness of results was checked.

Findings

The results indicate statistically significant mediation effect of contract enforcement. However, the mediation is partial, there is still a substantial direct effect of security of property rights on investment.

Practical implications

Any initiative to land formalization projects needs to consider contract enforcement environment, as presence and size of property rights effects largely depend on whether those rights are properly enforced.

Originality/value

This is the first study that conceptualizes the mediating effect of contract enforcement on the relationship between property rights and investment from an African country perspective.

Details

International Journal of Law and Management, vol. 59 no. 1
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 June 2003

Biman C. Prasad

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various…

Abstract

This paper discusses the institutionalists' economic thought and how they saw the role of property rights in economic development. It points out that the role of various institutions in the economic performance of many developing countries cannot be ignored. One of the important institutional factors in many developing countries and transitional economies is the nature and definition of property rights. This paper therefore addresses the impact of property rights on overall economic performance of a country and more specifically on agricultural production and on the conservation and management of the environment. It is generally agreed that property rights are a claim to a benefit stream where the state provides protection from others who may interfere with the benefit stream. Well‐defined property rights are considered vital for transitional economies which are undertaking major structural changes. The recent literature on property rights in transitional economies is largely concentrated on the former socialist and communist economies of Eastern Europe, which are embracing the market economy. However, this also has significant implications for many developing countries like Fiji which can also be considered as transitional economies. For Fiji the transition is from a highly protected, inward‐looking economy towards an export‐oriented economy. Getting the property rightsright” seems to be one of the major obstacles to economic reform agendas for many of the South Pacific countries including Fiji.

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International Journal of Social Economics, vol. 30 no. 6
Type: Research Article
ISSN: 0306-8293

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Article
Publication date: 27 March 2009

Moe Alramahi

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are…

Abstract

Purpose

The purpose of this paper is to clarify the legal status of domain names from both a contractual and a property right perspective, and to consider whether domain names are to be considered as a new form of property, in particular as virtual property.

Design/methodology/approach

The paper approaches the topic from contractual perspective. It then examines the concept and various property law theories. This is followed by an analysis to the intangibility of domain names and the appropriate category of protection.

Findings

Domain names are creatures of contract and contract law will provide some form of protection. According to the bundle of rights theory, domain names are intangible property with limitations. Some names are very valuable but nevertheless attract no protection beyond contractual rights. These names should be clothed with property rights protection. The relevant form of property rights is still contentious issue.

Originality/value

The nature of rights over domain names is a key emerging issue in the area of information technology law, with little to guide lawyers and judges. There is currently no consensus on what the legal status of a domain name is and opinions vary about the nature of these rights. The paper offers an insight to the nature of rights in an attempt to further the protection and recognition of rights over domain names.

Details

Journal of International Trade Law and Policy, vol. 8 no. 1
Type: Research Article
ISSN: 1477-0024

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Article
Publication date: 1 July 1999

Andrew K. Dragun

Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property

Abstract

Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property rights box is indeed pandoran, spawning as many questions as it answers as a function of diverse theoretical perspectives. The literature on property rights is not homogeneous so that interpretations of problems and suggestions for solutions are highly diverse. Consequently, the value of property rights theory in understanding or solving social problems can be problematic. The recent interest in property rights theory has been spawned by the focus on the “takings” issue where a particular perspective of private property rights, as a form of natural rights, has “re”‐emerged. This “new” private property rights perspective portends radical consequences for environmental management. But the theme of this paper is that this methodology adds little insight to the understanding of property rights and environmental problems.

Details

International Journal of Social Economics, vol. 26 no. 7/8/9
Type: Research Article
ISSN: 0306-8293

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Article
Publication date: 1 March 2006

C.Y. Yiu, S.K. Wong and Y. Yau

To re‐examine the role of property management from an institutional economics perspective.

Abstract

Purpose

To re‐examine the role of property management from an institutional economics perspective.

Design/methodology/approach

The role of property management is explored by asking why property management has emerged from the first principle. Then, an analytical framework for property management is put forward. Different dimensions of institutional arrangements, ranging from open access to communal private property or solely owned private property, are discussed in the real estate property context.

Findings

The paper shows that a unique feature of property management is its role in excluding outsiders and resolving internal conflicts among the stakeholders of communal private property.

Research implications/limitations

This approach opens up a new research agenda for property management. The adoption of different institutional arrangements in property management can be explained by further studies.

Practical implications

The efficiency of different institutional arrangements for the governance of communal private property is situation‐specific. An endogenous assumption of institutional regime in property management practice greatly expands the flexibility of management.

Originality/value

This paper is the first to apply an analytical framework for interpreting the institutional arrangements in property management.

Details

Property Management, vol. 24 no. 2
Type: Research Article
ISSN: 0263-7472

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Article
Publication date: 10 July 2017

Kevin Grecksch and Jessica Holzhausen

This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective…

Abstract

Purpose

This paper aims to show how property rights predominantly shape discussions about the governance of natural resources and thereby neglect questions of (collective) identities and alternative solutions to govern natural resources. The purpose is to introduce narratives as an alternative approach to the discussion about the governance of natural resources.

Design/methodology/approach

Guided by the question of how we acquire property and what that tells us about our understanding of to whom natural resources belong to, the paper reviews the history of property rights by looking into property theories starting from Thomas Hobbes, John Locke, Adam Smith, Immanuel Kant and Pierre-Joseph Proudhon. It then takes a closer look at The Economics of Ecosystems and Biodiversity (TEEB) study and the Nagoya Protocol with regard to property rights. Second, the paper introduces the concept of narratives surrounding property rights in the past and present.

Findings

Property rights are a social concept dominant in the industrialised world. This has strong implications when looking at the way indigenous people look at natural resources. Mostly, property rights are unknown to them or alternative concepts exist. Yet, documents such as the Nagoya Protocol or the TEEB study presuppose an understanding of property rights originating in European property concepts. A narrative approach to property rights introduces new ideas and looks beyond legislation and policies at the stories people tell about property and natural resources, at property stereotypes and identities and what this might entail for future natural resource governance.

Originality/value

The paper fulfils a need to find alternative approaches to govern natural resources against the background of global environmental challenges.

Details

International Journal of Law in the Built Environment, vol. 9 no. 2
Type: Research Article
ISSN: 1756-1450

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Article
Publication date: 27 August 2020

Katrien Steenmans and Rosalind Malcolm

The purpose of this paper is to explore the impact that property rights can have on the implementation of circular waste economies, in which waste is reused, recycled or…

Abstract

Purpose

The purpose of this paper is to explore the impact that property rights can have on the implementation of circular waste economies, in which waste is reused, recycled or recovered, within the European Union’s Waste Framework Directive.

Design/methodology/approach

A theoretical lens is applied to the legal definition as well as production and treatment cycle of waste to understand the property rights that can exist in waste.

Findings

This paper argues that even though different property rights regimes can apply to waste during its creation, disposal and recovery, the waste management regulatory and legal system is currently predominantly set up to support waste within classic forms of private property ownership. This tends towards commodification and linear systems, which are at odds with an approach that treats waste as a primary wanted resource rather than an unwanted by-product. It is recommended that adopting state or communal property approaches instead could affect systemic transformative change by facilitating the reconceptualisation of waste as a resource for everyone to use.

Research limitations/implications

The property rights issues are only one dimension of a bigger puzzle. The roles of social conceptualisation, norms, regulations and policies in pursuing circular strategies are only touched upon, but not fully explored in this paper. These provide other avenues that can be underpinned by certain property regimes to transition to circular economies.

Originality/value

The literature focused on property rights in waste has been very limited to date. To the best of the authors’ knowledge, this paper is the first to consider this question in detail from a legal perspective.

Details

Journal of Property, Planning and Environmental Law, vol. 12 no. 3
Type: Research Article
ISSN: 2514-9407

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Article
Publication date: 10 December 2019

Gregory Price

The purpose of this paper is to consider if self-employed entrepreneurs, a class of individuals who require enforceable property rights to create new firms and ideas that…

Abstract

Purpose

The purpose of this paper is to consider if self-employed entrepreneurs, a class of individuals who require enforceable property rights to create new firms and ideas that could increase a society’s material living standards, constitute an individual property rights enforcement mechanism.

Design/methodology/approach

With data from the General Social Survey, the authors estimate the parameters of mixed-effects categorical regression specifications to measure the effect of self-employment on confidence in the US Supreme Court, raising and donating funds for social or political activities, and on trying to persuade others to share political views.

Findings

The findings suggest that self-employed entrepreneurs are one of the guarantors of a constitutional democracy based on an ethic of individual property rights, and public policies that are pro-entrepreneurship help mitigate the risk of constitutional failure, and maximize society’s material living and ethical standards.

Research limitations/implications

The results are based on cross-sectional data, which do not account for dynamic changes in preferences.

Practical implications

The findings suggest that self-employed entrepreneurs are a enforcement mechanism and a guarantor of an ethic of private property rights necessary for the ongoing success and viability of a constitutional democracy based on individual property rights.

Social implications

The findings suggest that as entrepreneurs constitute an enforcement mechanism for individual property rights, to the extent that entrepreneurialism also cultivates individual virtue entrepreneurs also serve as guarantors of a moral and ethical society that is based on virtue, which results in a constitutional democracy with high material living and ethical/moral standards.

Originality/value

This paper is among the first to empirically test whether entrepreneurs are an enforcement mechanism for individual property rights.

Details

Journal of Entrepreneurship and Public Policy, vol. 9 no. 1
Type: Research Article
ISSN: 2045-2101

Keywords

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