Category Archives: Property Paradigms

Critical Reflections on Ownership (M. Warnock)

Author(s)

Mary Warnock

Keywords

ownership, gardens, Locke, Hume, philosophy, private ownership, common ownership, property, responsibility, global environmental degradation, Romantic Movement, nature

Abstract

In this thought provoking work, Mary Warnock explores what it is to own things, and the differences in our attitude to what we own and what we do not. Starting from the philosophical standpoints of Locke and Hume, the ownership of gardens is presented as a prime example, exploring both private and common ownership, historically and autobiographically. The author concludes that, besides pleasure and pride, ownership brings a sense of responsibility for what is owned and a fundamental question is brought to light: can we feel the same responsibility for what we do not, and never can, own? Applying this question to the natural world and the planet as a whole, a realistic and gradualist perspective is offered on confronting global environmental degradation. Critical Reflections on Ownership examines the effect of the Romantic Movement on our attitudes to nature and is a salient commentary on the history of ideas.

Citation

Warnock, Mary (2015) Critical Reflections on Ownership. Cheltenham: Elgar

Paper

Critical Reflections on Ownership

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Culture, property, and peoplehood: a comment on Carpenter, Katyal, and Riley’s “In defense of property” (M.F.Brown)

Author

Michael F. Brown

Keywords

Arts and culture, Cultural property, Heritage property, Indigenous peoples, South America

Abstract

Comments on the article, “In defense of property”, by Kristen A. Carpenter, Sonia K. Katyal and Angela R. Riley (Yale Law Journal 118 (2009), 1022-1125), which reviews current thinking on the protection of indigenous heritage, particularly that of American Indians.

Citation

(2010) 17(3) International Journal of Cultural Property 569-579

Paper

Culture, property, and peoplehood: a comment on Carpenter, Katyal, and Riley’s “In defense of property”

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Intangible cultural heritage: the living culture of peoples (F. Lenzerini)

Author

Federico Lenzerini

Keywords

Cultural property, Human rights, International law

Abstract

Assesses the value of the “intangible cultural heritage” ( ICH ) concept, and examines the evolution of the international law regime for its protection. Considers the need for stronger links between ICH and international human rights law.

Citation

(2011) 22(1) European Journal of International Law 101-120

Paper

Intangible cultural heritage: the living culture of peoples

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Changing Conceptions of Property and Sovereignty in Natural Resources: Questioning the Public Trust Doctrine (R.J. Lazarus)

Author

Richard J. Lazarus

Keywords

Public trust doctrine, private property rights, natural resources, public interest

Abstract

Most simply put, the historical function of the public trust doctrine has been to provide a public property basis for resisting the exercise of private property rights in natural resources deemed contrary to the public interest. In recent decades, however, especially during the last ten years, modern trends in natural resources law increasingly have eroded traditional concepts of private property rights in natural resources and substituted new notions of sovereign power over those resources. These trends, reflected in a wide variety of legal contexts ranging from federal environmental protection statutes and new state resource allocation laws to evolving common-law principles of tort law, are currently weaving a new fabric for natural resources law that is more responsive to current social values and the physical characteristics of the resources. By continuing to resist a legal system that is otherwise being abandoned, the public trust doctrine obscures analysis and renders more difficult the important process of reworking natural resources law. Of even broader concern, the doctrine threatens to fuel a developing clash in liberal ideology between furthering individual rights of security and dignity, bound up in notions of private property protection, and supporting environmental protection and resource preservation goals, inevitably dependent on intrusive governmental programs designed to achieve longer-term collectivist goals.

Citation

(1986) 71 Iowa Law Review 631

Paper

Changing Conceptions of Property and Sovereignty in Natural Resources: Questioning the Public Trust Doctrine

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Reducing deforestation and degradation through post-colonial settlement of land rights: a case study in India (P. Kant et a)

Author(s)

Promode Kant.
Wu Shuirong.

Keywords

Customary rights in land, human rights, deforestation, environmental protection, India, indigenous peoples

Abstract

Discusses how deforestation in India has been exacerbated by the failure to recognise the land rights claims of a number of indigenous tribes following the land’s colonial acquisition. Presents data in tables on the unclassed forests in India and the extent of deforestation in the north-eastern regions of the country. Considers the delineation of forest ownership rights as a potential strategy to reduce deforestation and forest degradation.

Citation

(2008) 2(3) Carbon & Climate Law Review, 300-305.

Paper

Reducing deforestation and degradation through post-colonial settlement of land rights: a case study in India.

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