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Full-Text Articles in Political Science

The Story Of Property: Meditations On Gentrification, Renaming, And Possibility, Rachel Brahinsky Jan 2020

The Story Of Property: Meditations On Gentrification, Renaming, And Possibility, Rachel Brahinsky

Politics

Property is a story. We assign land and resources legal status, and we narrate this as ownership and power. The interlocking loans, credit, and debt from which housing markets are compiled are built through narratives about value and its origins. The urban landscape, which is made by those markets, is produced through a confluence of human decisions, made with information about conditions and access. This information is based in stories—stories about what will sell, whether risk is viable, and what constitutes risk itself. These interlocking stories produce processes such as gentrification, one of the key contemporary challenges of booming ...


“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong Jan 2019

“Of Every Sort”: Conceptions Of Property Rights At The Time Of The American Founding, Zachary Wong

CMC Senior Theses

The most contentious issues of our day often have to do with political and social rights as opposed to economic rights. Through the lens of property rights I investigate whether this dichotomy existed at the time of the American founding. First, I examine the state constitutions and identify three clauses, common to the documents, which protect property rights. I examine their historical basis and reveal their connection to English common law and Locke, primarily. Then, I discuss the personal views of Madison and Jefferson to gain insight into the personal thoughts of two of the most influential Founders. Finally, I ...


"Mine" Or "Ours": Property And Moral Reasoning, Robert J. Nonomura Jun 2018

"Mine" Or "Ours": Property And Moral Reasoning, Robert J. Nonomura

Electronic Thesis and Dissertation Repository

This research seeks to address long-standing empirical questions about human morality arising from the critical sociological tradition. It examines, in social-psychological terms, the theoretical contention that systems of ownership predicated on exclusionary conceptions of what is “mine” and/or “ours” causes people to overlook or decidedly ignore the needs of others and of society at large. More specifically, it draws upon the theoretical works of Karl Marx, Erich Fromm, Erik Erikson, and C. B. Macpherson to examine the relationships between individuals’ attitudes toward private property relations and the kinds of “active” or “passive” cognitive processes individuals use when reasoning about ...


I Share, Therefore It's Mine, Donald J. Kochan Apr 2017

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


The Origins Of The Pursuit Of Happiness, Carli N. Conklin Jan 2015

The Origins Of The Pursuit Of Happiness, Carli N. Conklin

Washington University Jurisprudence Review

Scholars have long struggled to define the meaning of the phrase “the pursuit of happiness” in the Declaration of Independence. The most common understandings suggest either that the phrase is a direct substitution for John Locke’s conception of property or that the phrase is a rhetorical flourish that conveys no substantive meaning. Yet, property and the pursuit of happiness were listed as distinct—not synonymous—rights in eighteenth-century writings. Furthermore, the very inclusion of “the pursuit of happiness” as one of only three unalienable rights enumerated in the Declaration suggests that the drafters must have meant something substantive when ...


'Dred Scott V. Sandford' Analysis, Sarah E. Roessler Nov 2013

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.


Enclosing In God’S Name, Accumulating For Mankind: Money, Morality, And Accumulation In John Locke’S Theory Of Property, Onur Ulas Ince Feb 2011

Enclosing In God’S Name, Accumulating For Mankind: Money, Morality, And Accumulation In John Locke’S Theory Of Property, Onur Ulas Ince

Research Collection School of Social Sciences

John Locke's theory of property has been the subject of sustained contention between two major perspectives: a socioeconomic perspective, which conceives Locke's thought as an expression of the rising bourgeois sensibility and a defense of the nascent capitalist relations, and a theological perspective, which prioritizes his moral worldview grounded in the Christian natural law tradition. This essay argues that a closer analysis of Locke's theory of money in the Second Treatise can provide an alternative to this binary. It maintains that the notion of money comprises a conceptual area of indeterminacy in which the theological universals of ...


Lockean Theories Of Property: Justifications For Unilateral Appropriation, Karl Widerquist May 2010

Lockean Theories Of Property: Justifications For Unilateral Appropriation, Karl Widerquist

Karl Widerquist

Although John Locke’s theory of appropriation is undoubtedly influential, no one seems to agree about exactly what he was trying to say. It is unlikely that someone will write the interpretation that effectively ends the controversy. Instead of trying to find the one definitive interpretation of Locke’s property theory, this article attempts to identify the range of reasonable interpretations and extensions of Lockean property theory that exist in the contemporary literature with an emphasis on his argument for unilateral appropriation. It goes through Locke’s argument point-by-point discussing the controversy over what he said and over what he ...


Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein Oct 2007

Report On The Resolution Of Outstanding Property Claims Between Cuba & The United States, Michael J. Kelly, Patrick J. Borchers, Erika Moreno, Richard C. Witmer, James S. Wunsch, Arthur B. Pearlstein

Michael J. Kelly

This commissioned report to USAID outlines two models for resolution of property claims between Cuba and the United States: (1) a bilateral tribunal that will apply international law for the claims of those who were U.S. nationals at the time of the taking, and (2) a special claims court within the Cuban judiciary that will apply Cuban law based on the Spanish Civil Code for the claims of those who were Cuban nationals at the time of the taking. The report includes a complete audit of FCSC files for American claimants, an extensive review of the property claims systems ...


"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan Dec 1997

"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan

Donald J. Kochan

This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it ...


From Libertarianism To Egalitarianism, Justin Schwartz Jan 1992

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough ...


Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead Mar 1988

Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead

Undergraduate Honors Capstone Projects

This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine ...