Private Property & the Commons of 16th Century Spain
Private Property in 16th Century Spain

Historically, 16th-century Castile was considered to be fundamentally an urban society that depended on cities and towns for the articulation of its local and centralized administration (Elliott, 1991). Privilege was considered to be a matter of a priori rights founded on traditions associated with nobility and wealth. The lower social stratum was maintained in order to provide fiscal and military support for the crown. The qualities of separateness -- both cultural and logistical -- between the urban central and diffuse local jurisdictions engendered very different perspectives regarding authority. ather than arbitrating reasonable agreements, local authority worked to undermine what was considered to be overreaching by the crown. I contend that the autonomy of local jurisdictions worked against the crown's insistence on absolutism and a monarchy of estates that were grounded in medieval social concepts, however, the diffusion…...

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References

Abercrombie, T.A. (). Colonial relandscaping of Andean social memory.. In Pathways of memory and power: Ethnography and history among an Andean people (pp. ). University of Wisconsin Press.

Abercrombie, T.A. (1996). Q'aqchas and la plebe in "rebellion" -- carnival vs. lent in 18th-century potosi. Journal of Latin American, 2(1), 62-111.

Alban, J.P.V. (1999). Introduction: The decline of propriety. In Propriety and permissiveness in Bourbon Mexico (pp. ). Wilmington, DE: Scholarly Resources, Inc.

Elliott, J.H. (1991, Autumn). Renaissance Quarterly, 44(3) A Review: Nader, H. (1990). Liberty in Absolutist Spain: The Habsburg Sale of Towns, 1516-1700. Baltimore and London, The Johns Hopkins University Press.

Judicial eview for Private Property
The role that has been played by the judicial review when it comes to protecting the rights of private property was discussed by Daniel Cole in "Political Institutions, Judicial eview, and Private Property: A Comparative Institutional Analysis." The tension which exists between property rights and democracy was examined by Cole in his article. Cole starts by focusing on the concerns shown by Madison regarding the protection of individual property rights within a democratic society and how this democracy proves to be a challenge for many of the property rights' notions (Cole, 2007).

A tension has always been there between democracy and the ownership of private property however, in Cole's point-of-view this tension has increased with the rise of the welfare state which basically involved making use of the private property for the public use. The notion of regulatory taking was introduced by Holmes according to which if…...

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References

Anderson, T. And McChesney, F. (2003). Property Right: Cooperation, Conflict and Law. Princeton University Press.

Brill, S. (2010). Government for Sale: How Lobbyists Shaped the Financial Reform Bill. Cover Story of Times Magazine.

Cole, DH (2007). Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis. The University of Chicago: Supreme Court Economic Review.

Kelo et al. (2005a). Petitioners V. City Of New London, Connecticut. On Writ Of Certiorari To The Supreme Court Of Connecticut.

Economic
The right to private property and inheritance without taxation are essential to a Christian worldview. This assertion may seem counterintuitive at first, given that Christianity is often viewed as an otherworldly religion. However, the faith structure of Christianity contains not simply a core of teachings designed to prepare the individual for the life to come, but life lessons to enable the individual Christian to live a more fulfilling life upon the earth.

The meek shall inherit the earth," Jesus notes in his Sermon on the Mount from the Book of Matthew. This is the most famous quotation directly on the subject of inheritance from the New Testament. However, rather than a counsel to meekness and an admonition to Christians to act in a retiring fashion, this quotation also suggests that it is necessary to pass on from generation to generation, a common Christian value system. The earth is important as the…...

What this means is before the passage of 207 if the government suddenly decided that a rose was protected, and land had natural roses growing on it the land could not be sold or developed as the owners would be government ordered to set aside that land as a natural preserve.
The change that proposition 207 brought was that if a government action reduces the value of one's land then the government must pay the landowner for causing that to happen.

Another example of this is when a person owns a large piece of land and that land is currently zoned to allow 20 houses to be built on it. If the government decides that it does not want that dense of a population in the area, due to current traffic congestion or any other reason, then the government might decide to change the zoning to only allow three houses to…...

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References

____(2006) EDITORIAL: Proposition 207 step to restoring property rights.

The Sun

____(2006) Impact of Prop. 207 Vexes City Officials: Land-Use Decisions Will Feel Effects of Voter-Passed Law. The Tribune

Meltzer, Erica (2006) Land rights at root of Prop. 207. AZ Daily Star

Interestingly, the connection between private property ownership and political freedom developed in a roundabout way. As property owners grew richer from their commercial endeavors, the state sought to reap benefits via property taxation and this in turn helped to empower the people and Parliament. Pipes draws further connections between the evolution of the commonwealth, the British Empire, and burgeoning rights and freedoms for property owners.
Chapter 4 addresses the history and evolution of property ownership in ussia. ussia's history is far different from that of England, especially with regards to property and its connection with individual rights and freedoms (or lack thereof, in the case of ussia). Pipes explains thoroughly the origin and impact of the patrimonial system in ussia, which established monarchs firmly as the property owners and precluded genuine private property ownership. Patrimony, ussian style, is clearly and simply defined as "the fusion of sovereignty and ownership," (p.…...

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References

Pipes, Richard. Property and Freedom. Vintage, 2000.

348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders [1969] V 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must include the following components:
1. The defendant knew or ought to have known of the nuisance;

2. The interference or damage to the neighbour's property from the nuisance was reasonably foreseeable; and,

3. The defendant did not take reasonable action or steps to end the nuisance (at 72).

Such fault, though, must also rise to an actionable level and cannot typically involve minor, isolated infringements of property rights that are part and parcel of the human condition such as a dog barking once in awhile or a baseball that is accidentally tossed through a window by neighborhood youths. Congruent with the legal definition of private nuisance provided by Black's, the defining…...

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References

Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Co.

Hyams, R. (2005). 'School Supervision of Children outside School Hours in Australia: Who's

Responsible?' Journal of Law and Education, vol. 34, no. 3, pp. 347-349.

Kozlowski, J.C. (1999, July). 'No Ifs, Ands or Butts about it...' Parks & Recreation, vol. 34, no.

. . while defending these institutions themselves" (1034-1035). Peled further argues that Rousseau was not able to solve this paradox and it was one of the reasons why he became increasingly pessimistic about modernity. But Rousseau's attempts to reconcile the contradiction in his approach are worth looking at in details.
Although Rousseau abhorred inequality that rose out of private property, he did not hold any illusions about modernity. He believed that private property became an essential component of the modern bourgeois society and economic relations in the modern era could not be free from errors and corruption. So, Rousseau thought that the best solution to modern inequality was to allow private property in limited amounts and regulate it through the state that represents the common will. In a perfect society imagined by Rousseau, the state would honor the right to possess private property but at the same time would retain…...

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Works Cited:

Alvarez, Andres and Jimena Hurtado-Prieto. "Jean-Jacques Rousseau and Karl Marx on the Critique of Economics. Some Insights from their Analysis of the Role of Money." Academic paper, Phare, Universite de Paris X -- Nanterre. Available at  http://rousseaustudies.free.fr/articleHURTADOALVAREZROUSSEAUMARX.pdf 

Bozarth, David. "Rousseau Closer to Marx than to Locke." Academic paper, Sonoma State University (2004, June 15). Available at  http://dbozarth.com/Poli_Sci_Notes/Rousseau_Closer_To_Marx_Than_To_Locke.htm 

Brenkert, George, G. "Freedom and private Property in Marx." Philosophy & Public Affairs, 8.2 (1979): 122-147. Available at  http://www.jstor.org/ 

Chattopadhyay, Paresh. "Marx's First Critique of Political Economy, 1844-1994." Economic and Political Weekly, 29.31 (1994, Jul. 30): 54-59. Available at

The private security field also underwent significant reforms in connection with the qualifications, training, and (especially) vetting of employment candidates as well Ortmeier, 2009). Ironically, instead of recognizing the comprehensive improvement throughout the private security industry after 2001, many police personnel intensified their pre-existing disdain for all non-sworn security professionals instead (Dalton, 2003).

The Conceptual Significance of Public and Private Spaces

One of the worst consequences of the antagonism on the part of police toward private security forces is that the private security industry could actually provide valuable assistance to the overall interest of national, regional, and local security. Whereas the actions of all government policing and law enforcement authorities is very strictly limited by fundamental constitutional principles (especially in connection with 4th Amendment search and seizure concepts), non-governmental security agents can operate with considerably wider latitude (Larsen, 2007). In general, private security personnel may conduct various types of searches and investigations…...

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References

Dalton D. (2003). Rethinking Corporate Security in the Post-9/11 Era. Burlington, MA:

Butterworth-Heinemann.

Larsen R. (2007). Our Own Worst Enemy: Asking the Right Questions About Security to Protect You, Your Family, and America. New York: Grand Central Publishing.

Ortmeier P. (2009). Security Management: An Introduction. Uppers Saddle River,

Sabina:
Describe what is entailed in property rights.

A property is a physical or tangible entity that has ownership. A property can be a piece of land, a home or any other physical space owned by a person or group of persons. There are public properties that are owned by the state or government. Private properties are owned by an individual or group of individuals. Property is usually defined by the law as a space for which title or ownership has been established.

Explain a legal description.

A legal description is a formal, legal, detailed report which describes all components of the property. The legal description holds descriptions of easements, property lines, and reservations about the location. Legal descriptions are upheld in court and are binding. They are used in legal documents such as property deeds. A legal description can be used to identify and locate a specific property.

List the legal requirements of…...

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Fair market housing outlaws discrimination. Federal legislations in 1960's created the fair market housing. The fair market housing allows Americans to be able to live wherever they choose. Legislations such as Civil Rights Acts and Fair Market Housing Acts allows us to choose where we want to live without discrimination.

9. Describe the impact the real estate market has on the economy.

Many analysts believe that the real estate market is a major factor in the economy. The boom of the market in the early 2000's and then crash in 2007 has played a big role in the state of the economy. When real estate begins to climb, we will see a significant change in the economy. A positive real estate market reflects a healthy economy. The real estate market directly impacts the economy.

"
Money can only be hoarded because it has no real use; it will not feed or cloth someone who is starving or cold. This implies that things like food and clothing, which have obvious and immediate intrinsic values, cannot be rightfully hoarded in most societies because this will cause injury to someone else.

This places a severe limit on the power of money in Locke's construct; though it is deemed acceptable to hoard any amount of gold and silver, and though this gold and silver can be used to purchase things of real value like land and other property, it is not acceptable to maintain control of vast amounts of this property at the expense of others. A lord may own the land, therefore, but only because men have agreed on the value of the money that the land was purchased with, and only as long as the landowner continues to…...

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Reference

Locke, John. The Second Treatise of Civil Government. 1690. Accessed 12 July 2009.  http://www.constitution.org/jl/2ndtreat.htm 

John Locke. The Second Treatise of Civil Government, Ch. V, sec. 50. 1690. Accessed 12 July 2009.

(California EPA Land Use Regulations and Covenants NP) Without such covenants and restriction there is a clear sense that ignorance would drive selfish decisions about property use that could have lasting effects on the property and the whole region.
Thomas Jefferson, would have been unlikely to have experienced the extreme nature of environmental devastation that can be caused by overuse or poor use of land and property. In Jefferson's time questions regarding individual rights were the questions of the day. Questions regarding how toxic substances leech into groundwater was limited to urban human waste not complicated chemical agents. Additionally, there is a clear sense that individuals and agencies are far more informed today about environmental issues and their long-term impacts on the earth than ever before. This information and the abuse of it has broad implications on the earth as well as future planning and development. One example of the…...

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Glossary of Real Estate Abbreviations, Terms and Phrases,  http://www.texasbest.com/real_estate_info/REglossary.html#C 

California EPA Department of Toxic Substance Control LAND USE COVENANTS REGULATIONS,  http://www.dtsc.ca.gov/SiteCleanup/upload/SMBRP_FS_LUCREGS.pdf 

Property Law for Dummies,  http://www.lucs.org/files/UECA.pdf

Protection of Intellectual Property
Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.

The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate to theft…...

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References

Johnson, C and Walworth, D.J (March 2003). Protecting U.S. intellectual property rights and challenges to digital piracy. Office of industry working paper: U.S. international trade commission. Retrieved from  http://www.usitc.gov/publications/332/working_papers/wp_id_05.pdf 

NW3C, (September, 2010). Intellectual property theft. National white collar crime center. Retrieved from  http://www.nw3c.org/docs/whitepapers/intellectual_property_theft_september_201008B6297ECEB4FAE7EAA79494.pdf?sfvrsn=3 

Qui D.L & Yu H, (2010). Does the protection of foreign intellectual property rights stimulate innovation in the U.S. Review of international economics, 18(5). Retrieved from http://infojustice.org/download/gcongress/dii/Qui%20article.pdf

Setec. Investigating intellectual property theft. www.Setecinvestigations.com. Retrieved from  http://www.setecinvestigations.com/resources/whitepapers/Investigating_Intellectual_Property_Theft.pdf

This also implies inadequacies in fiscal sustainability, which influences investments in private sectors.
The second channel happens through the level, composition and quality involved within the public investment, which shows the level at which the public investment replaces the private investments (Schmidt- Hebbel, Serven, & Solimano, 1996).

The final channel regards the level of taxation on the corporate earnings and the rules applicable in depreciations.

There have been arguments that fiscal policy and public expenditure reduces the private investments in two different manners. These include increasing the interest rates or lowering the private funds involved in financing the investments.

According to the neoclassical theory, the interest rate is also an imperative variable in finding the level of investment. Consequently, it results into a negative effect because it upsurges the interest payable in investments. Concurrently, McKinnon and Shaw, contends that this is likely to cause a positive relationship between the investment and interest rate.…...

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References

Shrestha, M.B. (2005), "ARDL Modelling Aproach to Cointegration Test," Proceedings of the 46th Annual Conference of New Zealand Association of Economists, Paper

No. 13, Wellington, July 2005.

Keynes, J.M. (1936). General Theory on Employment, Interest and Money., London,

Macmillan.

" (Chow & Ng, 13) Simply stated, the collapse of the Asian housing markets seems in
many ways to reflect that which is already now underway in the United
States. The failure of lending institutions to appropriately suit
borrowers with the appropriate financing terms has ultimately translated
into a simultaneous rise in costs within the lagging housing market and the
general dearth of resources available to accommodate the demands of
borrowers with some categorical entitlement to public assistance in
achieving personal home ownership.
This underscores the consequences of the current housing market to
the available terms and conditions relating to residential property
financing. The characteristics of readily available programs are impacted
today by no small degree of tumult in terms of value for property, value
of the dollar and the categorical identification of differing classes of
buyer. Even more then, today, is it important for the borrower to fully
understanding the opportunities and pitfalls before him when an attractive
loan or property financing option does become…...

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Works Cited

Brown, C. (2005). Residential income property financing. Buzzle. Online

at  http://www.buzzle.com/editorials/6-17-2005-71727.asp 

Chow, R. & Ng, E.H.K. (2004). Availability of bank credit and the

residential property price level: evidence from Singapore. National

University of Singapore.

China and the Economy
Chinese Enterprise therefore is needed to better facilitate growth in China. In regards to China, private enterprise growth has lagged substantially behind that of State owned enterprises (SOE). Private enterprise, particularly in emerging markets will be a catalyst for future economic growth and development within the region. Free trade allows for the transfer of goods and services when demanded by specific economies. It also allows the countries best suited for such activities to flourish. Private Enterprise is important within the Chinese region as it continues to provide services to developed nations. The citizens of developed countries benefit as they have access to cheaper products and services. With the advent of globalization, Chinese manufactures are better equipped to expand overseas to expand their manufacturing competitive advantage.

The question regarding private enterprise is important as China is quickly becoming a dominant economic power. As such, private enterprise will have a…...

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References

1) China NBS (No.1 2012): Announcement of National Bureau of Statistics of China

2) China Statistical Yearbook 2010, 2009 figure from China NSB Statistical Data (NSB 2009-revised -China GDP figure

3) DeGlopper, Donald (1987), Chapter 9 -- Science and Technology, A Country Study: China, Library of Congress. Retrieved 11 September 2012

4) Tschang, Chi-Chu (4 February 2009). "A Tough New Year for China's Migrant Workers." Business Week.   Retrieved 10 September 2012http://www.businessweek.com/globalbiz/content/feb2009/gb2009024_357998.htm .

Capitalism

1. The Impact of Capitalism on Economic Growth: Analyze how capitalism, with its emphasis on private property, free markets, and competition, has contributed to economic growth and development.

2. The Inequality and Social Justice Implications of Capitalism: Discuss the potential drawbacks of capitalism, including the creation of wealth inequality, the exploitation of workers, and the erosion of social welfare programs.

3. Government Intervention in Capitalism: Is it Necessary or Detrimental? Evaluate the role of government intervention in capitalist economies, considering both its potential benefits (e.g., regulation, social safety nets) and its potential drawbacks (e.g., market distortions, reduced economic efficiency).

4. The Evolution of....

Ideological Differences between Federalists and Anti-Federalists
The Federalists and Anti-Federalists were two opposing political factions that emerged during the debate over the ratification of the United States Constitution. Their distinct ideologies shaped the contours of the American constitution.
Federalists
Strong National Government: Federalists believed in a robust central government with ample authority to regulate interstate commerce, raise taxes, and defend the nation.
Checks and Balances: They supported a system of checks and balances among the three branches of government to prevent any one branch from becoming too powerful.
Limited Popular Sovereignty: While Federalists acknowledged the importance of popular representation, they also feared....

Fundamental Rights Protected by the Due Process Clause

The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides essential protections for individuals against arbitrary or unjustified actions by the government. It safeguards a range of fundamental rights that are considered essential for a fair and just society.

Procedural Due Process

Procedural due process focuses on ensuring that individuals are afforded fair and reasonable procedures before being deprived of life, liberty, or property. These procedures include:

Notice: Individuals must be given adequate notice of any charges or proceedings against them, allowing them time to prepare a defense.
Hearing: Individuals have the....

1. The Evolving Use of Eminent Domain: A Case Study of Economic Development vs. Public Use
2. Expropriation of Private Property for Profit: A Look at Eminent Domain Abuse
3. From Public Good to Private Gain: The Controversy Surrounding Eminent Domain
4. The Cost of Progress: A Critical Analysis of Eminent Domain for Economic Development
5. Land Grabbing in America: The Shift in Eminent Domain Practices
6. When Public Interest Collides with Private Profit: A Study of Eminent Domain Cases
7. Whose Land Is It Anyway? The Ethics of Eminent Domain for Economic Development
8. From Roads to Retail: A Reflection on the Changing Face of Eminent....