Contracting the Right to Roam
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Property Outlaws Eduardo M
Cornell Law Library Scholarship@Cornell Law: A Digital Repository Cornell Law Faculty Publications Faculty Scholarship 5-1-2007 Property Outlaws Eduardo M. Peñalver Cornell Law School, [email protected] Sonia K. Katyal Fordham Law School Follow this and additional works at: http://scholarship.law.cornell.edu/facpub Part of the Criminal Law Commons, and the Property Law and Real Estate Commons Recommended Citation Peñalver, Eduardo M. and Katyal, Sonia K., "Property Outlaws" (2007). Cornell Law Faculty Publications. Paper 28. http://scholarship.law.cornell.edu/facpub/28 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Faculty Publications by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. PROPERTY OUTLAWS EDUARDO MOISitS PE&ALVERt & SONiA K. KATYAL" Most people do not hold those who intentionallyflout property laws in par- ticularly high regard. The overridingly negative view of the property lawbreaker as a "wrongdoer" comports with the status of property rights within our charac- teristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also shared, to a large degree, by property theorists, many of whom regard property rights as a relatively fixed constellation of enti- tlements that collectively produce stability and efficiency through an orderly sys- tem of ownership. In this Article, Professors Peihalverand Katyal seek partially to rehabilitate the reviled characterof the intentional property lawbreaker, and to show how property outlaws have played an important role in the evolution and transfer of property entitlements. -
Unfree Labor, Capitalism and Contemporary Forms of Slavery
Unfree Labor, Capitalism and Contemporary Forms of Slavery Siobhán McGrath Graduate Faculty of Political and Social Science, New School University Economic Development & Global Governance and Independent Study: William Milberg Spring 2005 1. Introduction It is widely accepted that capitalism is characterized by “free” wage labor. But what is “free wage labor”? According to Marx a “free” laborer is “free in the double sense, that as a free man he can dispose of his labour power as his own commodity, and that on the other hand he has no other commodity for sale” – thus obliging the laborer to sell this labor power to an employer, who possesses the means of production. Yet, instances of “unfree labor” – where the worker cannot even “dispose of his labor power as his own commodity1” – abound under capitalism. The question posed by this paper is why. What factors can account for the existence of unfree labor? What role does it play in an economy? Why does it exist in certain forms? In terms of the broadest answers to the question of why unfree labor exists under capitalism, there appear to be various potential hypotheses. ¾ Unfree labor may be theorized as a “pre-capitalist” form of labor that has lingered on, a “vestige” of a formerly dominant mode of production. Similarly, it may be viewed as a “non-capitalist” form of labor that can come into existence under capitalism, but can never become the central form of labor. ¾ An alternate explanation of the relationship between unfree labor and capitalism is that it is part of a process of primary accumulation. -
The “Ill Kill'd” Deer: Poaching and Social Order in the Merry Wives of Windsor
The “ill kill’d” Deer: Poaching and Social Order in The Merry Wives of Windsor Jeffrey Theis Nicholas Rowe once asserted that the young Shakespeare was caught stealing a deer from Sir Thomas Lucy’s park at Charlecote. The anecdote’s truth-value is clearly false, yet the narrative’s plausibility resonates from the local social customs in Shakespeare’s Warwickshire region. As the social historian Roger Manning convincingly argues, hunting and its ille- gitimate kin poaching thoroughly pervaded all social strata of early modern English culture. Close proximity to the Forest of Arden and nu- merous aristocratic deer parks and rabbit warrens would have steeped Shakespeare’s early life in the practices of hunting and poaching whether he engaged in them or only heard stories about them.1 While some Shakespeare criticism attends directly or indirectly to the importance of hunting in the comedies, remarkably, there has been no sustained analysis of poaching’s importance in these plays.2 In part, the reason for the oversight might be lexicographical. The word “poaching” never occurs in any of Shakespeare’s works, and the first instance in which poaching means “to take game or fish illegally” is in 1611—a decade after Shakespeare composed his comedies.3 Yet while the word was not coined for another few years, Roger Manning proves that illegal deer killing was a socially and politically explosive issue well before 1611. Thus, the “ill kill’d deer” Justice Shallow refers to in Act One of The Merry Wives of Windsor situates the play within a socially resonant discourse where illegal deer killing brings to light cultural assumptions imbedded within the legal hunt. -
Adam Smith: Founder of Economics
Adam Smith: Founder of Economics Robert M. Coen Professor Emeritus of Economics Northwestern Alumnae Continuing Education January 5, 2017 Adam Smith, 1723-1790 John Rattray, 1707-71 Signatory of First Rules of Golf (1744) Ways of Coordinating Economic Activity Traditional Structures Authoritarian Structures Market structures Reasons for Slow Development of Markets Popularity of Mercantilism Government promotes exports, stifles imports Favored industries get subsidies, protection, monopoly franchises Establish and exploit foreign colonies Accumulate riches (gold) for royalty Reasons for Slow Development of Markets Popularity of Mercantilism Avarice regarded as sin False Principles of Trade Boston Minister John Cotton, 1639 A man might sell as dear as he can and buy as cheap as he can If a man lose some of his goods, say by accident at sea, he may raise the price of the rest He may sell at the price he bought, even though he paid too much Reasons for Slow Development of Markets Popularity of Mercantilism Avarice regarded as sin Indifferent attitudes toward personal betterment Prevalence of local taxes on movement of goods Lack of standardization of weights and measures Multiple currencies Resistance to innovation Land, labor, and capital not developed concepts Factors Promoting Development of Markets Enclosure of commons Ringleaders of the Enclosure Movement Rural Life After Enclosure of the Commons Factors Promoting Development of Markets Enclosure of commons Political consolidation and centralization Decay of religious spirit Bernard Mandeville, -
Climate Change... Health) and the Community
THE JOURNAL OF THE SCHOOL OF FORESTRY & ENVIRONMENTAL STUDIES SPRING 2006 environment YALE Conservationists Thinking Big to Save the Last Great Places INSIDE: Gift for Land Conservation page 11 Spurring Action on Climate Change page 15 Developing World Gaining Access to Online Research page 19 letters To the Editor: Editor’s Note: Below are excerpts from national spokesman for taking meaningful, I read your article about forests as a a letter sent to Yale University President national action on climate change. remedy for global warming [“As a Remedy Richard Levin on February 7 and We believe that the president of Yale can to Global Warming, Do Forests Matter?,” President Levin’s response. get some attention, particularly if you turn Fall 2005] and was perplexed, because your own commitment to rallying the nowhere in the article was the fact that the Dear President Levin, commitments of the presidents of other carbon taken up by a tree part remains out We were struck by a juxtaposition of major U.S. universities to join you in calling of circulation as long as that tree part is two articles in the January 29 for meaningful action on climate change not degraded to its con- Washington Post, one a headline that reflects our most current scientific stituent molecules or article entitled “Debate on knowledge. elements. This should Climate Shifts to Issue of V. A LARIC SAMPLE be a major tenet of the Irreparable Change,” and the PRESIDENT tree-based sequestration other on how the State of the PINCHOT INSTITUTE WASHINGTON, D.C. argument, and it should Union address has become M.F. -
John Clare, Poems Against Enclosure 1 John Clare (1793-1864)
John Clare, Poems Against Enclosure 1 John Clare (1793-1864) The Mores Far spread the moorey ground a level scene Bespread with rush and one eternal green That never felt the rage of blundering plough Though centurys wreathed spring’s blossoms on its brow Still meeting plains that stretched them far away In uncheckt shadows of green brown, and grey Unbounded freedom ruled the wandering scene Nor fence of ownership crept in between To hide the prospect of the following eye Its only bondage was the circling sky One mighty flat undwarfed by bush and tree Spread its faint shadow of immensity And lost itself, which seemed to eke its bounds In the blue mist the horizon’s edge surrounds Now this sweet vision of my boyish hours Free as spring clouds and wild as summer flowers Is faded all - a hope that blossomed free, And hath been once, no more shall ever be Inclosure came and trampled on the grave Of labour’s rights and left the poor a slave And memory’s pride ere want to wealth did bow Is both the shadow and the substance now The sheep and cows were free to range as then Where change might prompt nor felt the bonds of men Cows went and came, with evening morn and night, To the wild pasture as their common right And sheep, unfolded with the rising sun Heard the swains shout and felt their freedom won Tracked the red fallow field and heath and plain Then met the brook and drank and roamed again The brook that dribbled on as clear as glass Beneath the roots they hid among the grass While the glad shepherd traced their tracks along Free as the -
Making Space
Alternative radical histories and campaigns continuing today. Sam Burgum November 2018 Property ownership is not a given, but a social and legal construction, with a specific history. Magna Carta (1215) established a legal precedent for protecting property owners from arbitrary possession by the state. ‘For a man’s home is his ASS Archives ASS castle, and each man’s home is his safest refuge’ - Edward Coke, 1604 Charter of the Forest (1217) asserted the rights of the ‘commons’ (i.e. propertyless) to access the 143 royal forests enclosed since 1066. Enclosure Acts (1760-1870) enclosed 7million acres of commons through 4000 acts of parliament. My land – a squatter fable A man is out walking on a hillside when suddenly John Locke (1632-1704) Squatting & Trespass Context in Trespass & Squatting the owner appears. argued that enclosure could ‘Get off my land’, he yells. only be justified if: ‘Who says it’s your land?’ demands the intruder. • ‘As much and as good’ ‘I do, and I’ve got the deeds to prove it.’ was left to others; ‘Well, where did you get it from?’ ‘From my father.’ • Unused property could be ‘And where did he get it from?’ forfeited for better use. ‘From his father. He was the seventeenth Earl. The estate originally belonged to the first Earl.’ This logic was used to ‘And how did he get it?’ dispossess indigenous people ‘He fought for it in the War of the Roses.’ of land, which appeared Right – then I’ll fight you for it!’ ‘unused’ to European settlers. 1 ‘England is not a Free people till the poor that have no land… live as Comfortably as the landlords that live in their inclosures.’ Many post-Civil war movements and sects saw the execution of King Charles as ending a centuries-long Norman oppression. -
Indicators for Relational Values of Nature's Contributions to Good
Ecosystems and People ISSN: (Print) 2639-5916 (Online) Journal homepage: https://www.tandfonline.com/loi/tbsm22 Indicators for relational values of nature’s contributions to good quality of life: the IPBES approach for Europe and Central Asia Matthias Schröter, Esra Başak, Michael Christie, Andrew Church, Hans Keune, Elena Osipova, Elisa Oteros-Rozas, Stefanie Sievers-Glotzbach, Alexander P. E. van Oudenhoven, Patricia Balvanera, David González, Sander Jacobs, Zsolt Molnár, Unai Pascual & Berta Martín-López To cite this article: Matthias Schröter, Esra Başak, Michael Christie, Andrew Church, Hans Keune, Elena Osipova, Elisa Oteros-Rozas, Stefanie Sievers-Glotzbach, Alexander P. E. van Oudenhoven, Patricia Balvanera, David González, Sander Jacobs, Zsolt Molnár, Unai Pascual & Berta Martín-López (2020) Indicators for relational values of nature’s contributions to good quality of life: the IPBES approach for Europe and Central Asia, Ecosystems and People, 16:1, 50-69, DOI: 10.1080/26395916.2019.1703039 To link to this article: https://doi.org/10.1080/26395916.2019.1703039 © 2020 The Author(s). Published by Informa Published online: 10 Jan 2020. UK Limited, trading as Taylor & Francis Group. Submit your article to this journal Article views: 628 View related articles View Crossmark data Full Terms & Conditions of access and use can be found at https://www.tandfonline.com/action/journalInformation?journalCode=tbsm22 ECOSYSTEMS AND PEOPLE 2020, VOL. 16, NO. 1, 50–69 https://doi.org/10.1080/26395916.2019.1703039 REVIEW: THE SCIENCE-POLICY INTERFACE OF ECOSYSTEMS AND PEOPLE Indicators for relational values of nature’s contributions to good quality of life: the IPBES approach for Europe and Central Asia Matthias Schröter a,EsraBaşakb, Michael Christie c, Andrew Church d,HansKeunee,f, Elena Osipovag, Elisa Oteros-Rozash,i, Stefanie Sievers-Glotzbachj, Alexander P. -
Second Serfdom and Wage Earners in European and Russian Thought from the Enlightenment to the Mid-Nineteenth Century
CHAPTER 1 SECOND SERFDOM AND WAGE EARNERS IN EUROPEAN AND RUSSIAN THOUGHT FROM THE ENLIGHTENMENT TO THE MID-NINETEENTH CENTURY The Eighteenth Century: Forced Labor between Reform and Revolution The invention of backwardness in Western economic and philosophical thought owes much to the attention given to Russia and Poland in the beginning of the eighteenth century.1 The definitions of backwardness and of labor—which is the main element of backwardness—lies at the nexus of three interrelated debates: over serfdom in Eastern European, slavery in the colonies, and guild reform in France. The connection between these three debates is what makes the definition of labor—and the distinction between free and forced labor—take on certain character- istics and not others. In the course of the eighteenth century, the work of slaves, serfs, and apprentices came to be viewed not just by ethical stan- dards, but increasingly by its efficiency. On that basis, hierarchies were justified, such as the “backwardness” of the colonies relative to the West, of Eastern relative to Western Europe, and of France relative to England. The chronology is striking. Criticisms of guilds, serfdom, and slavery all hardened during the 1750s; Montesquieu published The Spirit of the Laws in 1748, which was soon followed by the first volumes of the Ency- clopédie.2 In these works the serfdom of absolutist and medieval Europe was contrasted with the free labor of Enlightenment Europe. Abbé de Morelli took up these themes in 1755, condemning both ancient serf- dom and modern forms of slavery, in both the colonies and Russia. -
Lomfeld 2017 Property
Bertram Lomfeld A Political Grammar of Property Law Preliminary Draft 02/2017 DELIBERATING PROPERTY: A POLITICAL GRAMMAR OF PROPERTY LAW Bertram Lomfeld 1 Political Properties: What? Who? Why? 2 Justificatory Reasons for Property 3 A Bundle of Property Rights 4 A Bundle of Property Duties 5 Property As Deliberation 6 Applying the Grammar: Some Tentative Case Studies Some people understand property as a natural human right. Meant to depoliticize property it is perhaps one of the most political arguments one could take. This paper is starting from an opposite perspective, i.e. fundamental value pluralism. Starting from value pluralism, it is impossible to define a ‘universal’ core of property either on a conceptual or a normative (justificatory) level. To understand property as a clear ‘human right’ might still allow for a conceptual ‘structural’ pluralism, 1 but it accepts only private autonomy and subjective freedom as justificatory basis. For an economic perspective, the core function of property rights is the internalization of social cost.2 So, it all depends on the perspective: ‘How one defines the core of property depends on what values one thinks property serves‘.3 This paper attempts to sketch a more freestanding genuinely pluralistic property theory relying on a ‘deliberative’ discourse theory.4 The strategy of a ‘deliberative legal theory’ is pragmatic and idealistic at the same time.5 Considering law as a constitutive structure of social cooperation, it analyzes social practices of law and theory discourses (scholarship, legislation and judicial cases). It deconstructs or ‘liquefies’ monistic normative principles or policies and tries to reconstruct them as an integrative yet plural ‘political grammar’ for legal argumentation. -
John Stuart Mill and Harriet Taylor : Their Correspondence
UNIVERSITY OF FLORIDA LIBRARIES Digitized by the Internet Archive in 2011 with funding from LYRASIS Members and Sloan Foundation http://www.archive.org/details/johnstuartmillhaOOmill JOHN STUART MILL AND HARRIET TAYLOR ERRATA On the title page instead of Their Correspondence read Their Friendship On p. 25, line 14, instead of given as a frontispiece to read reproduced opposite page 128 of On p. 35, line 8, instead of form read from On p. 60, line 16, instead of morally read morality On p. 140, line 6, instead of his read this On p. 218, line 26, instead of Avignon, read Avignon- On p. 236, line 11, instead of of Antinous read or Antinous On p. 240, line 19, instead of Molo read Molos On p. 246, line 11, instead of clothers read clothes On p. 249, line 23, instead of Galiagni s read Galignani's On p. 264, lines 13 and 14, instead of malherreux read malheureux On p. 266, line 21, instead of on opposite page read on the opposite page On p. 284, line i, insert is before given On p. 294, line 4, instead of on typed envelope read on a typed enve- lope On p. 294, line 14, instead of at least, read at least as a note. On p. 301, line 31, instead of Chateuroux read Chateauroux On p. 311, line 6, instead of {1791-1892) read {1791-1862) JOHN STUART MILL AND HARRIET TAYLOR JOHN STUART MILL AND HARRIET TAYLOR Their Correspondence and Subsequent Marriage BY F. A. HAYEK THE UNIVERSITY OF CHICAGO PRESS CHICAGO ILLINOIS [40. -
The Enclosure of English Common Lands, 1475-18391
A SAMPLING APPROACH TO HISTORY: THE ENCLOSURE OF ENGLISH COMMON LANDS, 1475-18391 Gregory Clark and Anthony Clark February, 2000 Using samples of charity land we estimate the amount of land subject to some type of communal control in England from 1475 to 1839. Our estimates suggest three things. First only about 20 percent of land had common rights in 1750, so that after 1750 enclosure on charity plots is overwhelmingly by Parliamentary means. Second only about four percent more charity land was common in 1600 than would be implied by the records of Parliamentary enclosure. From 1600 to 1750 there was little enclosure by individuals or by private agreements. Modern property rights predominated even in 1600. Finally only about four percent of land even in 1600 was common with potentially open access. Most of the common land even in 1600 was controlled and regulated. Historians have long debated the timing and the mechanism of enclosure of common land in England, in part as an index of the modernization of English agriculture, and in part out of concern for the social effects of enclosure. “Common land” here refers to any land subject to some form of common control or access. Thus common includes open field arable and open field meadow which were common for only part of the year, stinted pastures, and “waste.”2 “Waste” was the only type of land that was common in the modern sense of having free access, and which thus the landless had access to.3 The Parliamentary enclosure movement is estimated to have removed common rights on 22 percent of all land in the years after 1750.