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Right to property

About: Right to property is a research topic. Over the lifetime, 13332 publications have been published within this topic receiving 221045 citations. The topic is also known as: property rights & right to own property.


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Book
01 Jan 1995
TL;DR: The authors argued that certain kinds of "collective rights" for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity can be answered.
Abstract: The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of 'collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.

3,453 citations

Journal Article
TL;DR: The notion of the individual's full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection.
Abstract: hat the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the new demands of society. Thus, in very early times, the law gave a remedy only for physical interference with life and property, for trespasses vi et armis. Then the "right to life" served only to protect the subject from battery in its various forms; liberty meant freedom from actual restraint; and the right to property secured to the individual his lands and his cattle. Later, there came a recognition of man's spiritual nature, of his feelings and his intellect. Gradually the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life, -the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term "property" has grown to comprise every form of possession -intangible, as well as tangible.

2,319 citations

Journal ArticleDOI
TL;DR: The principle that the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection.
Abstract: hat the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the new demands of society Thus, in very early times, the law gave a remedy only for physical interference with life and property, for trespasses vi et armis Then the "right to life" served only to protect the subject from battery in its various forms; liberty meant freedom from actual restraint; and the right to property secured to the individual his lands and his cattle Later, there came a recognition of man's spiritual nature, of his feelings and his intellect Gradually the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life, -the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term "property" has grown to comprise every form of possession -intangible, as well as tangible

2,192 citations

Journal ArticleDOI
TL;DR: The right to the city is not merely a right of access to what already exists, but a right to change it as discussed by the authors. But what is social justice? Is justice simply whatever the ruling class wants it to be?
Abstract: The right to the city is not merely a right of access to what already exists, but a right to change it. We need to be sure we can live with our own creations. But the right to remake ourselves by creating a qualitatively different kind of urban sociality is one of the most precious of all human rights. We have been made and re-made without knowing exactly why, how, and to what end. How then, can we better exercise this right to the city? But whose rights and whose city? Could we not construct a socially just city? But what is social justice? Is justice simply whatever the ruling class wants it to be? We live in a society in which the inalienable rights to private property and the profit rate trump any other conception of inalienable rights. Our society is dominated by the accumulation of capital through market exchange. To live under capitalism is to accept or submit to that bundle of rights necessary for endless capital accumulation. Free markets are not necessarily fair. Worse still, markets require scarcity to function. The inalienable rights of private property and the profit rate lead to worlds of inequality, alienation and injustice. The endless accumulation of capital and the conception of rights embedded threin must be opposed and a different right to the city must be asserted politically. Derivative rights (like the right to be treated with dignity) should become fundamental and fundamental rights (of private property and the profit rate) should become derivative. But new rights can also be defined: like the right to the city which is not merely a right of access to what the property speculators and state planners define, but an active right to make the city different, to shape it more in accord with our heart's desire, and to re-make ourselves thereby in a different image.

1,954 citations

Book
15 Sep 2010
TL;DR: Moyn as discussed by the authors argues that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice, as international law became an alternative to popular struggle and bloody violence.
Abstract: Human rights offer a vision of international justice that today's idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal's troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post - World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity's moral history, "The Last Utopia" shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

1,193 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202334
2022117
202115
202039
201938
201881