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Journal articles on the topic 'Rights of a private property'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Law, Henry. "Private Property Rights." Chesterton Review 21, no. 1 (1995): 273–74. http://dx.doi.org/10.5840/chesterton1995211/268.

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2

Rudenko, L. D., and O. L. Orlov. "The problem of the actual replacement of private property rights by rights of use in Ukraine: status and prospects." Legal horizons, no. 25 (2020): 57–64. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p57.

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The article has substantiated the process of the de facto replacement of the right of private property by the rights of use; distinguished stages in the development of the private property institution in Ukraine; specified grounds for the emergence and termination of the right of private property and the rights of use; refined sense and scope of responsibility of the private owner and the holder;identified the main instrument of substitution of the right of private property by the rights of use; traced preconditions for passing inconsistent judgements on property protection by the ECHR; and an

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3

Muzyczka, Karolina. "Protection of private property expropriation." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 22, no. 2 (2018): 35–44. http://dx.doi.org/10.5604/01.3001.0012.4668.

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The basic law related to real estate/property is the right of ownership. It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. The provisions of the Constitution of the Republic of Poland of 1997, which set the standards for protection of property rights, are heterogeneous. This results both from their location in the basic law and from the wording. There are provisions in the form of constitutional principles, provisions expressing subjective rights, as well as provisions providing procedural gua

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4

Block, Walter. "EVICTIONISM AND PRIVATE PROPERTY RIGHTS." MEST Journal 12, no. 2 (2024): 7–12. http://dx.doi.org/10.12709/mest.12.12.02.02.

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Evictionism is a compromise position between the pro-life and pro-choice positions on abortion. The former prohibits killing or removing the fetus from the womb apart from the mother’s health considerations at any time during the pregnancy; the latter allows for both. Evictionism splits this particular “baby in half” by legally permitting the ejection of the pre-born baby at the mother’s discretion, but not killing this very young person. Given present medical technology, the fetus is viable in the third trimester, very rarely before that. Thus, evictionism resembles to the pro-life result at

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5

Leeson, Peter T., and Colin Harris. "Wealth-destroying private property rights." World Development 107 (July 2018): 1–9. http://dx.doi.org/10.1016/j.worlddev.2018.02.013.

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6

Ibrogim ugli, Ulfat Shonazarov. "CIVIL-LEGAL REGULATION OF THE PROTECTION OF PRIVATE PROPERTY RIGHTS OF CIVIL LAW ENTITIES." Frontline Social Sciences and History Journal 02, no. 02 (2022): 66–71. http://dx.doi.org/10.37547/social-fsshj-02-02-10.

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This article deals with the implementation of the right of private property by citizens, methods and legal basis of civil protection of private property rights. The article also includes an analysis of the legislation on the protection of private property rights and the views expressed by theoretical scholars.

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7

Nekit, Kateryna. "Right to Private Property under Martial Law in Ukraine." Age of Human Rights Journal, no. 20 (May 3, 2023): e7579. http://dx.doi.org/10.17561/tahrj.v20.7579.

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In Ukraine, the inviolability of the right to private property is guaranteed by the Constitution. However, under martial law, introduced in Ukraine as a result of aggression by the Russian Federation, restrictions on private property rights and even forced alienation of property for the needs of the state are allowed. This paper aims to determine the peculiarities of the legal regulation of private property relations under the legislation of Ukraine and to study the reasons for limiting property rights under martial law in Ukraine. Furthermore, it looks into the mechanisms for restoring proper

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8

Green, Cole, and Alejandro Hernandez. "PRIVATE PROPERTY RIGHTS AND THE DECEASED." MEST Journal 9, no. 1 (2021): 15–27. http://dx.doi.org/10.12709/mest.09.09.01.03.

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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

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9

Narveson, Jan. "Waldron on Private Property." Dialogue 29, no. 1 (1990): 133–40. http://dx.doi.org/10.1017/s0012217300012828.

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Do individuals have a right to private property? That is the question pursued in this lengthy investigation (445 pages). Waldron distinguishes utilitarian arguments from “Right-based” ones. That is hardly an exhaustive distinction, one would think; reliance on its being so would not bode well. But having made such a distinction, he believes that the question comes to whether there are “any good right-based arguments for private property.” This, he thinks, amounts to the question: are any important individual interests served “by the existence of private property as opposed to someother sort of

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10

Bayley, Daniel. "Tropical Deforestation: Can Property Rights Stem the Tide?" SURG Journal 8, no. 2 (2016): 45–54. http://dx.doi.org/10.21083/surg.v8i2.3200.

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In this report the property right structures surrounding tropical forest management are analyzed with a specific case study presented on tropical forests in Honduras. In order to adequately understand the set of property rights in place surrounding tropical forests, the applicable sets of property rights are laid out and explained (private, common, state, and open access). It is argued that the current property rights regimes in place surrounding tropical forests are inadequate and are the issue leading to high levels of deforestation. Conflicts and controversies surrounding the issue are pres

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11

Amangeldy, Aizhan Amangeldykyzy. "INTERACTION OF INTELLECTUAL PROPERTY LAW WITH BRANCHES OF PRIVATE LAW." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 4, no. 75 (2023): 70–79. http://dx.doi.org/10.52026/2788-5291_2023_75_4_70.

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In this article, a study is conducted on the interaction of intellectual property law with branches of private law. In particular, the interaction of intellectual property law with civil law is substantiated. Intellectual property law acts as a sub-branch of civil law, respectively, the subject of legal regulation also consists of property and personal non-property relations that develop with respect to intellectual property objects. In turn, the exclusive right to intellectual property belongs to the category of property rights, and as a subjective right is one of the objects of civil rights.

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12

Davidse, W. P., L. V. McEwan, and N. Vestergaard. "Property rights in fishing: from state property towards private property?" Marine Policy 23, no. 6 (1999): 537–47. http://dx.doi.org/10.1016/s0308-597x(98)00039-6.

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13

Clerico, Giuseppe. "Equità, efficienza e diritti di proprietà." Journal of Public Finance and Public Choice 7, no. 3 (1989): 173–90. http://dx.doi.org/10.1332/251569298x15668907344802.

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Abstract Because of the market failures private property rights not always are such to obtain socially acceptable outcomes through the exchange. To guarantee social welfare the policy maker usually limits the property rights. Such limitations concern: the existence of the private property rights in itself; the right of transferring and exchanging the above mentioned; the right of discretionary use of the private property.The restrictions to private property rights are motivated by efficiency and equity. On the efficiency side the public policy can be set up by three reasons: presence of extern

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14

Hofmans-Sheard, Murray. "Preserving Common Rights Within Private Property." Philosophy in the Contemporary World 12, no. 2 (2005): 3–9. http://dx.doi.org/10.5840/pcw200512220.

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15

Lee, Chang-hee. "Private Property Rights and Basic Liberty." Journal of Ethics Education Studies 66 (October 31, 2022): 91–124. http://dx.doi.org/10.18850/jees.2022.66.04.

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16

DeCoster, Lester A. "Private Property Rights and Other Myths." Journal of Forestry 92, no. 5 (1994): 28–29. http://dx.doi.org/10.1093/jof/92.5.28.

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17

GOODHUE, RACHAEL E., and NANCY McCARTHY. "Traditional property rights, common property, and mobility in semi-arid African pastoralist systems." Environment and Development Economics 14, no. 1 (2009): 29–50. http://dx.doi.org/10.1017/s1355770x08004555.

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ABSTRACTTraditional pastoralist land management institutions in sub-Saharan Africa have been stressed by an increasing human population and related forces, including private enclosure of grazing land; government-sponsored privatization; and the increasing prevalence of violent conflicts and livestock theft. We model the incompleteness and flexibility of traditional grazing rights using fuzzy set theory. We compare individual and social welfare under the traditional system to individual and social welfare under a private property system and a common property system. Whether the traditional syst

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18

Marchese, Carla. "Do intellectual property rights involve a private power to tax." Journal of Public Finance and Public Choice 34, no. 2 (2019): 209–24. http://dx.doi.org/10.1332/251569119x15682726799586.

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This article criticises the standard approach to intellectual property rights, interpreted as property rights conferring a monopolistic position, by showing that a public good is not a suitable basis for a private monopoly and that the bundle of rights included in an intellectual property right is so different from those enjoyed under a standard monopoly as to suggest that a different mechanism is at work, that is, a private power to tax has been granted. To highlight how this novel approach works, mainstream economic models of economic growth based on research and development, whether protect

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19

Mujuzi, Jamil Ddamulira. "Private prosecution of intellectual property rights infringements in Singapore." Queen Mary Journal of Intellectual Property 9, no. 4 (2019): 484–89. http://dx.doi.org/10.4337/qmjip.2019.04.07.

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Case law from Singapore shows that one of the ways in which intellectual property rights holders have protected their rights is through private prosecutions. This is the case although the relevant pieces of legislation on patents, copyright and trade marks are silent on the issue of private prosecutions. The question of who is entitled to institute a private prosecution in intellectual property rights infringements remains unclear to some people. The purpose of this article is to discuss the issues of locus standi to institute a private prosecution in intellectual property cases and the measur

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20

France-Hudson, Ben. "Statutory Property: Is it a Thing?" Victoria University of Wellington Law Review 47, no. 3 (2016): 411. http://dx.doi.org/10.26686/vuwlr.v47i3.4794.

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Over the last several decades there has been a proliferation of property-type rights created by statute, particularly in the environmental management context. A key question has been how to approach these rights on a principled basis, particularly where Parliament has been silent about their precise nature. One response has been to put a gloss on these rights by classifying them as a new category of "statutory property". However, this article suggests that we should recognise that these types of rights are private property. This argument is based on the premise that private property serves a v

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21

Shabalin, Andrii. "The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 147–55. http://dx.doi.org/10.33731/62020.234066.

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Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal

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22

Nasimi Chingizzadeh, Chingiz. "HUMAN RIGHTS RELEVANT TO TRADEMARKS." ANCIENT LAND 03, no. 04 (2021): 19–21. http://dx.doi.org/10.36719/2706-6185/03/19-21.

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Human rights and trademark laws do not go well together. This is partly the result of an educational tradition and the division of legal research into private and commercial law on the one hand and public law, international law and human rights law on the other. This division is also reinforced by the historical judiciary in many countries. However, human rights concerns are becoming more and more relevant in trademark law. Keywords: Intellectual property, trademark, human rights, freedom of expression, privacy, property

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23

Wai‐chung Lai, Lawrence. "Private property rights, culture, property management and sustainable development." Property Management 24, no. 2 (2006): 71–86. http://dx.doi.org/10.1108/02637470610657970.

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24

MURTAZASHVILI, ILIA, and JENNIFER MURTAZASHVILI. "The origins of private property rights: states or customary organizations?" Journal of Institutional Economics 12, no. 1 (2015): 105–28. http://dx.doi.org/10.1017/s1744137415000065.

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AbstractPolitical theories of property rights are less optimistic than self-governance perspectives regarding the ability of non-state organizations to supply private property institutions. Despite offering different answers to the question of where property rights come from, these diverse perspectives share a concern with organizational capacity, constraints, and legitimacy as explanations why organizations are able to supply private property rights. We use these shared concerns as a point of departure to investigate formal and informal private property rights in rural Afghanistan. We find th

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25

Lueck, Dean, and Gustavo Torrens. "Property rights and domestication." Journal of Institutional Economics 16, no. 2 (2019): 199–215. http://dx.doi.org/10.1017/s1744137419000390.

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AbstractThis paper combines the property rights approach of Barzel with models from renewable resource and evolutionary economics to examine the domestication of wild animals. Wild animals are governed by weak property rights to stocks and individuals while domesticated animals are governed by private ownership of stocks and individuals. The complex evolutionary process of domestication can be viewed as a conversion of wild populations into private property, as well as a transition from natural selection to economic selection controlled by owners of populations and individuals. In our framewor

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ugli, Akmalkhonov Bosithon Azizkhon. "LEGAL ISSUES OF PROTECTION OF PROPERTY LAW AS A HUMAN RIGHT IN INTERNATIONAL PUBLIC LAW." International Journal of Law And Criminology 4, no. 7 (2024): 24–29. http://dx.doi.org/10.37547/ijlc/volume04issue07-05.

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This article examines the legal issues surrounding the protection of property rights as a fundamental human right under international public law. It traces the historical development of property rights, analyzes key international legal instruments and court cases that have defined and interpreted this right, and explores challenges in balancing private property rights with public interests and state sovereignty. The article concludes that while property rights are well-established as a human right, their scope and implementation continue to evolve through international legal mechanisms.

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27

Rauličkytė, Aušra. "Eminent domain in the theory of natural law." Politologija 10, no. 2 (1997): 73–81. https://doi.org/10.15388/polit.1997.2.4.

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People in the modern state understand inviolability of property rights as a symbol of personal liberty and democratic state. This symbol is an important element of socialisation of political, economic, and legal systems, even though in real life implementation of such a principle is far from its pure and ideal meaning. The right of the state to take private property for public use, or utility, is also presented as a guaranty of safety of private property. Paradoxically, theoretical consolidation of the power of the state was better developed in the political tradition, which rests upon a theor

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28

Gaus, Gerald F. "Property, Rights, and Freedom." Social Philosophy and Policy 11, no. 2 (1994): 209–40. http://dx.doi.org/10.1017/s0265052500004490.

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William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because it is necessary to maintain or pro

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McKitrick, Ross, and Timothy Shufelt. "Environmental Impacts of Enhanced Private Property Rights." Energy & Environment 13, no. 3 (2002): 367–81. http://dx.doi.org/10.1260/095830502320268232.

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There has been concern in western countries over whether strong private property rights empower polluters to the detriment of other citizens. This debate is now playing out in transition economies and developing countries, where the process of moving to a market economy involves strengthening property rights. We review the conflicting arguments and test them using a new international data base. After controlling for income, education and political factors we find that cross-sectional differences in property rights regimes explain some international differences in pollution rates, but changes i

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France-Hudson, Ben. "Property Rights versus Environment? A critique of the coalition government’s approach to the reform of the Resource Management Act." Policy Quarterly 20, no. 4 (2024): 35–43. http://dx.doi.org/10.26686/pq.v20i4.9637.

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The coalition government in New Zealand intends to repeal the Resource Management Act 1991 and replace it with new legislation ‘based on the enjoyment of private property rights, while ensuring good environmental outcomes’. This article considers the real possibility that the government is intending to place a theory of absolute private property rights at the centre of the new system. It argues that any policy that assumes private property rights should confer absolute rights on owners is a mischaracterisation of those rights and the law of private property. Making policy on a myth of absolute

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Mamounis, Kyle J., and Walter E. Block. "The Molecular Basis of Private Property." Acta Oeconomica 69, no. 3 (2019): 321–32. http://dx.doi.org/10.1556/032.2019.69.3.1.

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For political and economic theory in general, libertarianism in particular, property rights are a pillar of central importance. One might describe the schools of political and economic thought solely by their approach to property rights, for example libertarianism as expansive and communism as constrained, with a fair degree of accuracy on the system as a whole. Despite centuries of property rights philosophy, a fundamental weakness persists that can be most easily seen from a natural science perspective. Property classifications, such as between one's physical body, personal property, and oth

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Čolović, Vladimir. "Agreement on Succession Issues - Protection of Private Property / Sporazum o pitanjima sukcesije – zaštita privatne svojine." Годишњак факултета правних наука - АПЕИРОН 5, no. 5 (2015): 40. http://dx.doi.org/10.7251/gfp1505040c.

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After the breakup of Yugoslavia, many problems between the former republics, which among other things concerning the private property of natural and legal persons, are not yet resolved. In this regard, the question arises, how the state will guarantee the protection of private property. All former Yugoslav republics signed the Agreement on Succession Issues June 29, 2001, which stipulates that all newly independent states in the former Yugoslavia are the successor states. The agreement contains seven annexes and three appendices. The Agreement regulates the distribution of movable and immovabl

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Sianipar, Magel Haens. "Re-Interpretasi Hak Milik Pribadi Dalam Bingkai Dimensi Sosial." SUNDERMANN: Jurnal Ilmiah Teologi, Pendidikan, Sains, Humaniora dan Kebudayaan 16, no. 2 (2023): 55–67. http://dx.doi.org/10.36588/sundermann.v16i2.119.

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This article aims to explain how private property rights are framed in a social dimension. Property rights here are given by God as a means to protect human life as well as those of others around them. This research was carried out using qualitative methods by reviewing Christian theological literature and developing topics related to private property rights within the framework of the social dimension. First, the author explains how property rights are defined, the social dimensions and what the Biblical view of this is. Then the author explains how Christianity views this by explaining how t

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Rodgers, Christopher. "TOWARDS A TAXONOMY FOR PUBLIC AND COMMON PROPERTY." Cambridge Law Journal 78, no. 1 (2019): 124–47. http://dx.doi.org/10.1017/s0008197319000011.

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AbstractThis article argues that public property rights should be recognised as a separate category of property interest, different and distinct from private and common property interests and conferring distinctive rights and obligations on both “owners” and members of the public. It develops a taxonomy to differentiate private, public and common property rights. The article concludes that it is a mistake to think in terms of “private property”, “common property” or “public property”. The division and allocation of resource entitlements in land can result in private, common and public property

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35

Andrew, Edward. "Inalienable Right, Alienable Property and Freedom of Choice: Locke, Nozick and Marx on the Alienability of Labour." Canadian Journal of Political Science 18, no. 3 (1985): 529–50. http://dx.doi.org/10.1017/s0008423900032443.

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AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty pr

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36

Demela, Jan, and Štěpán Mikula. "Private Property in Communist Czechoslovakia." Review of Economic Perspectives 15, no. 3 (2015): 327–43. http://dx.doi.org/10.1515/revecp-2015-0023.

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Abstract This article analyses the development of legislation regarding private property in Czechoslovakia between 1948 and 1989 and summarizes available empirical data relating to property rights protection in the given period. Although the legislation took gradual steps towards diminishing the status of private property, no laws were passed that officially or entirely terminated its existence. The legislation of the 1960s set a status quo which codified property rights until the fall of the Communist regime in 1989. Most of the empirical data, which are available only for the 1980s, do not s

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OKSANIUK, Oleh. "Property rights of the spouses: concept and content." Economics. Finances. Law 2/2024, no. - (2024): 111–14. http://dx.doi.org/10.37634/efp.2024.2.23.

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In the paper the property rights of spouses are studied, their specific features are identified, as well as the features of individual property rights of spouses. On the basis of the conducted scientific research, the author came to the conclusion that the property rights of spouses are those powers of a property nature, which are defined by family legislation or other sources of family law, arise in connection with the state registration of marriage and can be exercised by the spouses or one of them as bearers of these rights; rights that arise in connection with the exercise of the right of

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Lisitsa, Valeriy. "Intellectual property statute in Private International Law." Gosudarstvo i pravo, no. 7 (2023): 139. http://dx.doi.org/10.31857/s102694520026811-3.

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The article highlights the comparative analysis of the conflict-of-laws regulation of intellectual property rights in international, European and Russian law. It is concluded that lex loci protectionis as the main conflict-of laws rule in this area has an ambiguous interpretation, cannot be recognized as lex fori – the law of the country where the competent court is seated, but should be generally understood as the law of the country where the legal protection of the relevant intellectual property object is provided. In addition, in some cases it seems reasonable to apply lex loci originis, le

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Cai, Meina, Ilia Murtazashvili, and Jennifer Murtazashvili. "The politics of land property rights." Journal of Institutional Economics 16, no. 2 (2019): 151–67. http://dx.doi.org/10.1017/s1744137419000158.

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AbstractLegal reforms that improve the security of private property rights to land have characteristics of a public good with dispersed benefits. However, nothing ensures that the state will provide property protection as a public good. Some states provide property protection selectively to powerful groups. Others are unable to provide property protection. In this paper, we argue that whether the state provides property protection as a public good, selectively, or cannot establish private property rights depends on the following features of politics: political stability, government capacity to

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40

Buitelaar, Edwin, and Barrie Needham. "Property rights and private initiatives: An introduction." Town Planning Review 78, no. 1 (2007): 1–8. http://dx.doi.org/10.3828/tpr.78.1.1.

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41

TUMLIR, JAN. "INTERNATIONAL TRADE REGIMES AND PRIVATE PROPERTY RIGHTS." Contemporary Economic Policy 5, no. 2 (1987): 1–12. http://dx.doi.org/10.1111/j.1465-7287.1987.tb00251.x.

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42

Phillips, Paul. "Functional Rights: Private, Public and Collective Property." Studies in Political Economy 38, no. 1 (1992): 61–84. http://dx.doi.org/10.1080/19187033.1992.11675425.

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43

Sääksvuori, Lauri, Johannes Hewig, Holger Hecht, and Wolfgang H. R. Miltner. "A neural signature of private property rights." Journal of Neuroscience, Psychology, and Economics 9, no. 1 (2016): 38–49. http://dx.doi.org/10.1037/npe0000049.

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44

Johnson, Simon, John McMillan, and Christopher Woodruff. "Property Rights and Finance." American Economic Review 92, no. 5 (2002): 1335–56. http://dx.doi.org/10.1257/000282802762024539.

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Which is the tighter constraint on private sector investment: weak property rights or limited access to external finance? From a survey of new firms in post-communist countries, we find that weak property rights discourage firms from reinvesting their profits, even when bank loans are available. Where property rights are relatively strong, firms reinvest their profits; where they are relatively weak, entrepreneurs do not want to invest from retained earnings.

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o‘g‘li, Shonazarov Ulfat Ibrogim. "CIVIL-LEGAL ASPECTS OF THE PROTECTION OF PRIVATE PROPERTY." American Journal of Political Science Law and Criminology 04, no. 05 (2022): 24–27. http://dx.doi.org/10.37547/tajpslc/volume04issue05-05.

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In this article, the author analyzes domestic and foreign regulations for the protection of private property and their main provisions. The article also draws attention to some theoretical sources made by the author in the field of protection of private property, while also focusing on the theoretical aspects of the protection of private property rights belonging to the owner.

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Butsan, Evgeny Yu. "Genesis of the Abuse of Right Concept: The Proprietary Aspect (on the Example of the European Private Law)." Jurist 1 (January 18, 2024): 12–16. http://dx.doi.org/10.18572/1812-3929-2024-1-12-16.

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The concept of abuse of right is being adapted in many areas of private law, including property law. As the absoluteness of property rights was leveled and restrictions on property rights were established, the category of abuse of law was actualized, since it regulated relations arising on the periphery of the named sub-branch of private law. In order to acquire the features inherent in the modern understanding of property rights, as well as the concept of abuse of rights in the property aspect, this concept overcame the search period, the period of searching for a balance of interests, when d

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Geurts, Tom G., and Austin J. Jaffe. "The property rights game: Discovering the meaning of private property." Journal of Real Estate Finance and Economics 12, no. 1 (1996): 117–30. http://dx.doi.org/10.1007/bf00127769.

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Dominiak, Łukasz, and Igor Wysocki. "Libertarianism, Defense of Property, and Absolute Rights." Analiza i Egzystencja 61 (2023): 5–26. http://dx.doi.org/10.18276/aie.2023.61-01.

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The present paper argues that libertarians (e.g. Murray Rothbard, Stephan Kinsella) who subscribe the proportionality principle while embracing the view that to have a right to property is to have a right to defend it run into what we call the Property Defense Dilemma. For if the only way to defend property is to defend it disproportionately, then a private property right – contrary to what these thinkers claim – is not accompanied by a right to defend it. The most plausible way out of the dilemma – the present paper argues – is to conceive of private property rights as only weakly absolute, t

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Brettschneider, Corey. "Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion." Law & Ethics of Human Rights 6, no. 1 (2012): 119–46. http://dx.doi.org/10.1515/1938-2545.1070.

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Abstract The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. In this Article I appeal to Rawlsian contractualist justification, including the “criterion of reciprocity,” in developing a third

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Lotorev, Evgeny, Vladimir Nosov, Nargiz Ragimova, et al. "Constitutional and legal mechanisms for the protection of private property." E3S Web of Conferences 371 (2023): 05046. http://dx.doi.org/10.1051/e3sconf/202337105046.

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The article analyzes such problems of modern constitutional law as the formation of mechanisms for protecting the right of private property, as well as the potential of constitutional regulation of the institution of private property. To study the essence of the mechanisms for protecting private property rights, it is necessary to define a number of concepts. First of all, it is necessary to establish what is meant by the concept of "protection of human rights". Examining constitutional mechanisms for the protection of human and civil rights, including in the field of protection of private pro

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