Patriarchy, Primogeniture and Prescription: Algernon Sidney's
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Algernon Sidney on Public Right
University of Arkansas at Little Rock Law Review Volume 10 Issue 2 Article 3 1987 Algernon Sidney on Public Right Edward Dumbauld Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the European Law Commons, and the Legal History Commons Recommended Citation Edward Dumbauld, Algernon Sidney on Public Right, 10 U. ARK. LITTLE ROCK L. REV. 317 (1988). Available at: https://lawrepository.ualr.edu/lawreview/vol10/iss2/3 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. ALGERNON SIDNEY ON PUBLIC RIGHT Hon. Edward Dumbauld* In response to criticisms that the Declaration of Independence lacked originality,' its author Thomas Jefferson explained that the political purpose and object of that document was: not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the sub- ject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take. Neither aiming at originality of principle or sentiment, nor yet cop- ied from any particular and previous writing,' it was intended to be an expression of the American mind, and to give to that expression the proper tone and spirit called for by the occasion. -
Bundle of S Cks—Real Property Rights and Title Insurance Coverage
Bundle of Scks—Real Property Rights and Title Insurance Coverage Marc Israel, Esq. What Does Title Insurance “Insure”? • Title is Vested in Named Insured • Title is Free of Liens and Encumbrances • Title is Marketable • Full Legal Use and Access to Property Real Property Defined All land, structures, fixtures, anything growing on the land, and all interests in the property, which may include the right to future ownership (remainder), right to occupy for a period of +me (tenancy or life estate), the right to build up (airspace) and drill down (minerals), the right to get the property back (reversion), or an easement across another's property.” Bundle of Scks—Start with Fee Simple Absolute • Fee Simple Absolute • The Greatest Possible Rights Insured by ALTA 2006 Policy • “The greatest possible estate in land, wherein the owner has the right to use it, exclusively possess it, improve it, dispose of it by deed or will, and take its fruits.” Fee Simple—Lots of Rights • Includes Right to: • Occupy (ALTA 2006) • Use (ALTA 2006) • Lease (Schedule B-Rights of Tenants) • Mortgage (Schedule B-Mortgage) • Subdivide (Subject to Zoning—Insurable in Certain States) • Create a Covenant Running with the Land (Schedule B) • Dispose Life Estate S+ck • Life Estate to Person to Occupy for His Life+me • Life Estate can be Conveyed but Only for the Original Grantee’s Lifeme • Remainderman—Defined in Deed • Right of Reversion—Defined in Deed S+cks Above, On and Below the Ground • Subsurface Rights • Drilling, Removing Minerals • Grazing Rights • Air Rights (Not Development Rights—TDRs) • Canlever Over a Property • Subject to FAA Rules NYC Air Rights –Actually Development Rights • Development Rights are not Real Property • Purely Statutory Rights • Transferrable Development Rights (TDRs) Under the NYC Zoning Resoluon and Department of Buildings Rules • Not Insurable as They are Not Real Property Title Insurance on NYC “Air Rights” • Easement is an Insurable Real Property Interest • Easement for Light and Air Gives the Owner of the Merged Lots Ability to Insure. -
Common Ways to Hold Title
Common Ways to Hold Title HOW YOU TAKE TITLE - ADVANTAGES AND LIMITATIONS: Title to real property may be held by individuals, either in Sole Ownership or in Co-Ownership. Co-Ownership of real property occurs when title is held by two or more persons. There are several variations as to how title may be held in each type of ownership. The following brief summaries reference seven of the more common examples of Sole Ownership and Co-Ownership. SOLE OWNERSHIP A man or woman who is not married. Example: John Doe, a single man. An Unmarried Man/Woman: A man or woman, who having been married, is legally divorced. Example: John Doe, an unmarried man. A Married Man/Woman, as His/Her Sole and Separate Property: When a married man or woman wishes to acquire title as their sole and separate property, the spouse must consent and relinquish all right, title and interest in the property by deed or other written agreement. Example: John Doe, a married man, as his sole and separate property. CO-OWNERSHIP Community Property: Property acquired by husband and wife, or either during marriage, other than by gift, bequest, devise, descent or as the separate property of either is presumed community property. Example: John Doe and Mary Doe, husband and wife, as community property. Example: John Doe and Mary Doe, husband and wife. Example: John Doe, a married man Joint Tenancy: Joint and equal interests in land owned by two or more individuals created under a single instrument with right of survivorship. Example: John Doe and Mary Doe, husband and wife, as joint tenants. -
Common Ways of Holding Title to Real Property
NORTH AMERICAN TITLE COMPANY Common Ways of Holding Title to Real Property Tenancy in Common Joint Tenancy Parties Any number of persons. Any number of persons. (Can be husband and wife) (Can be husband and wife) Division Ownership can be divided into any number of Ownership interests cannot be divided. interests, equal or unequal. Title Each co-owner has a separate legal title to his There is only one title to the entire property. undivided interest. Possession Equal right of possession. Equal right of possession. Conveyance Each co-owner’s interest may be conveyed Conveyance by one co-owner without the separately by its owner. others breaks the joint tenancy. Purchaser’s Status Purchaser becomes a tenant in common with Purchaser becomes a tenant in common with other co-owners. other co-owners. Death On co-owner’s death, his interest passes by On co-owner’s death, his interest ends and will or intestate succession to his devisees or cannot be willed. Surviving joint tenants heirs. No survivorship right. own the property by survivorship. Successor’s Status Devisees or heirs become tenants in common. Last survivor owns property in severalty. Creditor’s Rights Co-owner’s interest may be sold on execution Co-owner’s interest may be sold on execu- sale to satisfy his creditor. Creditor becomes a tion sale to satisfy creditor. Joint tenancy is tenant in common. broken, creditor becomes tenant in common. Presumption Favored in doubtful cases. None. Must be expressly declared. This is provided for informational puposes only. Specific questions for actual real property transactions should be directed to your attorney or C.P.A. -
Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S
University of Richmond UR Scholarship Repository Bookshelf 2015 Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity Kristin M.S. Bezio University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/bookshelf Part of the Leadership Studies Commons Recommended Citation Bezio, Kristin M.S. Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignty. Burlington, VT: Ashgate, 2015. NOTE: This PDF preview of Staging Power in Tudor and Stuart English History Plays: History, Political Thought, and the Redefinition of Sovereignity includes only the preface and/or introduction. To purchase the full text, please click here. This Book is brought to you for free and open access by UR Scholarship Repository. It has been accepted for inclusion in Bookshelf by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Staging Power in Tudor and Stuart English History Plays History, Political Thought, and the Redefinition of Sovereignty KRISTIN M.S. BEZIO University ofRichmond, USA LIBRARY UNIVERSITY OF RICHMOND VIRGINIA 23173 ASHGATE Introduction Of Parliaments and Kings: The Origins of Monarchy and the Sovereign-Subject Compact in the English Middle Ages (to 1400) The purpose of this study is to examine the intersection between early modem political thought, the history that produced the late Tudor and early Stuart monarchies, and the critical interrogation of both taking place on the public theatrical stage. The plays I examine here are those which rely on chronicle histories for their source materials; are set in England, Scotland, or Wales; focus primarily on governance and sovereignty; and whose interest in history is didactic and actively political. -
What's Wrong with a Federal Inheritance Tax? Wendy G
University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship Spring 2014 What's Wrong with a Federal Inheritance Tax? Wendy G. Gerzog University of Baltimore School of Law, [email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Estates and Trusts Commons, Taxation-Federal Commons, Taxation-Federal Estate and Gift ommonC s, and the Tax Law Commons Recommended Citation What's Wrong with a Federal Inheritance Tax?, 49 Real Prop. Tr. & Est. L.J. 163 (2014-2015) This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. WHAT'S WRONG WITH A FEDERAL INHERITANCE TAX? Wendy C. Gerzog* Synopsis: Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer taxes, but that proposal is seriously flawed. In any inheritance tax model, scholars should expect to see significantly decreased compliance rates and increased administrative costs because, by focusing on the transferees instead of on the transferor, an inheritance tax would multiply the number oftaxpayers subject to the tax. This Article reviews common characteristics ofexisting inheritance tax systems in the United States and internationally-particularly in Europe. In addition, the Article analyzes the novel Comprehensive Inheritance Tax (CIT) proposal, which combines some elements of existing inheritance tax systems with some features ofthe current transfer tax system and delivers the CIT through the federal income tax system. -
The Dual-System of Water Rights in Nebraska George Rozmarin University of Nebraska College of Law
Nebraska Law Review Volume 48 | Issue 2 Article 6 1968 The Dual-System of Water Rights in Nebraska George Rozmarin University of Nebraska College of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation George Rozmarin, The Dual-System of Water Rights in Nebraska, 48 Neb. L. Rev. 488 (1969) Available at: https://digitalcommons.unl.edu/nlr/vol48/iss2/6 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. 488 NEBRASKA LAW REVIEW-VOL. 48, NO. 2 (1969) Co'mment THE DUAL-SYSTEM OF WATER RIGHTS IN NEBRASKA I. INTRODUCTION In Nebraska, rights to waters in streams and lakes have been regulated through a dual-system which utilizes both the riparian doctrine of the common law and the statutory scheme of appropri- ative rights. Although the two doctrines are divergent in many instances, the judiciary has recognized this and attempted to main- tain a balance between them. Despite these efforts, however, inconsistent principles of law developed over the years until finally in Wasserburgerv. Coffee1 the Nebraska Supreme Court attempted to reconcile the relative status of riparians and appropriators. In doing so the court prescribed a flexible method of equitable balance rather than a static formula of distribution. This article will give a brief introduction to some of the problems faced in distributing water rights under this dual-system, and will attempt to determine what effect Wasserburger may have on these rights that are so intimately linked with the prosperity of the state and Eill of its citizens. -
Park Assistant Professor of History, Sam Houston State University
Benjamin E. Park Assistant Professor of History, Sam Houston State University Mailing Address: Contact Information: Department of History email: [email protected] Box 2239 phone: (505) 573-0509 Sam Houston State University website: benjaminepark.com Huntsville, TX 77341 twitter: @BenjaminEPark EDUCATION 2014 Ph.D., History, University of Cambridge 2011 M.Phil., Political Thought and Intellectual History, University of Cambridge -with distinction 2010 M.Sc., Historical Theology, University of Edinburgh -with distinction 2009 B.A., English and History, Brigham Young University RESEARCH INTERESTS 18th and 19th Century US history, intersections of culture with religion and politics, intellectual history, history of gender, religious studies, slavery and antislavery, Atlantic history. ACADEMIC APPOINTMENTS 2016- Assistant Professor of History, Sam Houston State University HIST 1301: United States History to 1876 HIST 3360: American Religious History HIST 3377: America in Mid-Passage, 1773-1876 HIST 3378: Emergence of Modern America, 1877-1945 HIST 5371: Revolutionary America (Grad Seminar) HIST 5378: American Cultural and Religious History (Grad Seminar) 2014-2016 Kinder Postdoctoral Fellow, Department of History, University of Missouri HIST 1100: United States History to The Civil War HIST 4000: The Age of Jefferson HIST 4004: 18th Century Revolutions: America, France, Haiti HIST 4972: Religion and Politics in American History 2012-2014 Lecturer and Supervisor, Faculty of History, University of Cambridge Paper 22: American History through 1865 PUBLICATIONS Books American Nationalisms: Imagining Union in the Age of Revolutions, 1783-1833 (Cambridge University Press, January 2018). Benjamin Park C.V. Peer-Reviewed Articles “The Angel of Nullification: Imagining Disunion in an Era Before Secession,” Journal of the Early Republic 37:3 (Fall 2017): 507-536. -
The Law of Prior Appropriation: Possible Lessons for Hawaii
Volume 25 Issue 4 Symposium on International Resources Law Fall 1985 The Law of Prior Appropriation: Possible Lessons for Hawaii Stephen F. Williams Recommended Citation Stephen F. Williams, The Law of Prior Appropriation: Possible Lessons for Hawaii, 25 Nat. Resources J. 911 (1985). Available at: https://digitalrepository.unm.edu/nrj/vol25/iss4/5 This Article is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. STEPHEN F. WILLIAMS* The Law of Prior Appropriation: Possible Lessons for Hawaii- INTRODUCTION Hawaiian water law has been in turmoil for nearly thirteen years. On January 10, 1973, in McBryde Sugar Co. v. Robinson,' the Supreme Court of Hawaii overturned a long-established system of rights.2 Liti- gation testing the validity of McBryde has since wended its way through the federal and state courts. On February 20, 1985, the United States Court of Appeals for the Ninth Circuit effectively overturned McBryde.3 In the meantime, the Hawaiian legislature established an Advisory Study Commission on Water Resources ("Advisory Commission"). The Com- mission issued its report ("Commission Report") on January 14, 1985.' The stage is thus set for Hawaii now to resolve its water conflicts. Hawaii's key choice relates to transferability. Pre-McBryde law, like that of most prior appropriation states, permitted transfer of water rights as long as the transfer inflicted no injury on other water users.5 This *Professor of Law, University of Colorado. -
John Stuart Mill and the French Revolution of 1848
‘There never was a time when so great a drama was being played out in one generation’: John Stuart Mill and the French Revolution of 1848 Helen McCabe, University of Nottingham In this article, I want to argue that the events of 1848 in France both mark an important change in John Stuart Mill’s political philosophy and emphasise an important continuity. Joseph Persky has recently shown how Mill was consistently radical 1 , and the revolutions of 1848 serve both to highlight this continued radicalism, and to reveal the changing content of that radical programme. Mill always had a strong interest in French politics, and a long-standing commitment to the call for ‘Liberty, Equality, Fraternity!’. He was a youthful enthusiast for the French Revolution (day-dreaming about being a Girondist in an English Convention2); an excited witness to the events of 1830; and a passionate defender of the ‘authors’ of the revolution of February 1848. This reveals both his consistency, and also the change his political philosophy underwent in the years – in particular – between 1831 and 1848, for when he wrote that the revolution of February 1848 embodied ‘all of “liberty, equality and fraternity” which is capable of being realised now, and…prepare[s] the way for all which can be realised hereafter’3, he was endorsing, not the politics of the Girondin, or the Orléanists, but what he terms ‘legitimate socialism’.4 The events of 1848 expanded Mill’s knowledge and understanding of socialist ideas – that is, of what socialism might mean – developing, in particular, his appreciation for a kind of socialism which came from working people themselves; could only be implemented by them and with their support; and which was possible within existing capitalist structures, rather than necessitating either their complete re-structuring (as Saint-Simonism would involve), or isolating the socialist community from the rest of the world (as in other, earlier, forms of ‘utopian socialism’ based on separatist intentional communities, e.g. -
The Apology of Sidney: Explaining Martyrdom Michael Marinaccio Coastal Carolina University
Coastal Carolina University CCU Digital Commons Honors College and Center for Interdisciplinary Honors Theses Studies Spring 5-15-2009 The Apology of Sidney: Explaining Martyrdom Michael Marinaccio Coastal Carolina University Follow this and additional works at: https://digitalcommons.coastal.edu/honors-theses Part of the Political Science Commons Recommended Citation Marinaccio, Michael, "The Apology of Sidney: Explaining Martyrdom" (2009). Honors Theses. 149. https://digitalcommons.coastal.edu/honors-theses/149 This Thesis is brought to you for free and open access by the Honors College and Center for Interdisciplinary Studies at CCU Digital Commons. It has been accepted for inclusion in Honors Theses by an authorized administrator of CCU Digital Commons. For more information, please contact [email protected]. By these means I am brought to this place. Lord forgive these practices, and avert the evils that threaten the nation from them. TheThe ApologyLord of sanctify Sidney these my Explaining Martyrdom sufferings unto me; and though I fall as By a sacrifice unto idols,Michael Marinaccio suffer not idolatry Political Science to be established in this land. Bless thy people and save them. Defend thy own cause and defend those that defend it. Submitted in Partial Fulfillment of the Requirements for the Degree of Stir up such as areBachelor of Sciencefaint, direct those In the Honors Program at Coastal Carolina University that are willing, Mayconfirm 2009 those that waver, give wisdom and integrity unto all. Order all things so as may most redound unto thine own glory. Grant that I may die glorifying thee for all thy mercies and that at the last thon hast permitted me to be singled out as a witness of thy truth; and even by the confession of my opposes, for that Old Table of Contents TABLE OF CONTENTS ................................................................................................ -
Thomas Jefferson
WRITING the DECLARATION 0. WRITING the DECLARATION - Story Preface 1. A BOY'S LIFE 2. TREASURES ... LOST and FOUND 3. EARLY INFLUENCES 4. TOM'S MOUNTAIN 5. A WRITER not a SPEAKER 6. WE ARE ALL BORN FREE 7. THE DECLARATION HOUSE 8. SLAVERY and the DECLARATION 9. WRITING the DECLARATION 10. DECLARATION of INDEPENDENCE 11. IMMEDIATE IMPACT 12. TIME WASTES TOO FAST 13. A MAN of CONTRADICTIONS 14. JEFFERSONIAN QUOTES 15. A SPECIAL 4TH OF JULY This image - from a postcard based on the oil-on-canvas painting by Jean Leon Gerome Ferris (1863-1930) - depicts what it may have been like to watch Benjamin Franklin, John Adams and Thomas Jefferson assessing, and editing, Jefferson's draft of the Declaration of Independence. Online, courtesy Library of Congress. As Jefferson created the document which became America's creed, how much time did he spend on his project? Where did he find words like "the pursuit of happiness?" He greatly respected John Locke, whose Second Treatise of Civil Government (see, for example, chapter 2, section 5) addresses mankind's natural rights of life, liberty and the pursuit of property. He thought Discourses Concerning Government (by Algernon Sidney) - which disputes the "natural power" of kings - "is probably the best elementary book of the principles of government." (See Jefferson's December 13, 1804 letter to Mason Weems.) And ... he admired the philosophy of Scotsman Henry Home (Lord Kames) whose book of essays on morality is one of the few which Jefferson personally annotated. Widely read, Jefferson absorbed the concepts of such writers and merged what he found useful with his own thinking.