Social and Behavioral Sciences Commons^™

Inheritance And Inequality Among Nomads Of South Siberia, Paul L. Hooper, Adam Z. Reynolds, Bayarsaikhan Jamsranjav, Julia K. Clark, John P. Ziker, Stefani A. Crabtree

Anthropology Faculty Publications and Presentations

At the headwaters of the Yenisei River in Tuva and northern Mongolia, nomadic pastoralists move between camps in a seasonal rotation that facilitates their animals' access to high-quality grasses and shelter. The use and informal ownership of these camps depending on season helps illustrate evolutionary and ecological principles underlying variation in property relations. Given relatively stable patterns of precipitation and returns to capital improvement, families generally benefit from reusing the same camps year after year. We show that locations with higher economic defensibility and capital investment—winter camps and camps located in mountain/river valleys—are claimed and inherited more frequently than summer …

The Impact Of Rule Of Law And Property Rights On Development And Economic Growth: A Comparative Analysis Of Cameroon And Côte D'Ivoire, Raoul Tayou Tayou

Open Access Theses & Dissertations

The issues of economic growth and development occupy a central place in the studies of underdeveloped or developing countries. Many solutions have been proposed, including foreign aid or institutional reforms. This last aspect is the subject of this research, particularly the rule of law and the property rights.Analyzing what is the impact of these two institutions on economic growth and development is at the center of my dynamic. Over a period from 1960 to 2022, I carry out a comparative study of the growth, and development trajectories of two countries in sub-Saharan Africa, which share the same demographics: Cameroon, and …

Fairness Doesn't Have To Be Egalitarian: Evidence From Bargaining Games, Kevin Wong

Theses and Dissertations

I develop a theoretical model and provide experimental evidence that social norms of fairness play a critical role in determining equilibrium outcomes in bargaining games.

The Primacy Of Property; Or, The Subordination Of Property Rights, Bart J. Wilson

ESI Publications

A property right, the standard view maintains, is a proper subset of the most complete and comprehensive set of incidents for full ownership of a thing. The subsidiary assumption is that the pieces that are property rights compose the whole that is ownership or property, i.e., that property rights explain property. In reversing the standard view I argue that (1) a custom of intelligent and meaningful human action explains property and that (2) as a custom, property is a historical process of selecting actions conditional on the context. My task is to explain how a physical world of human bodies …

Property, Bas Van Der Vossen

Philosophy Faculty Books and Book Chapters

"This chapter discusses the nature and value of property rights. It will explain (1) what property rights are, (2) the relationship between private property and economic development, and (3) some objections to structuring societies around such rights. This discussion throughout focuses on the decentralizing nature of private property rights, asking what implications it has from a philosophical, but also social and political, point of view."

Critically Analyzing American Constitutionalism, Daniel Harris

Helm's School of Government Conference - American Revival: Citizenship & Virtue

It is a survey of negative consequences caused by the structure of the U.S. Constitutionalism and its ideological underpinnings.

The Gap Between The Legal Framework And Social Order In Addressing Property Rights For Kosovo Women, Hanza Kastrati, Krenare Lika, Riola Morina, Dritero Arifi

UBT International Conference

The primary purpose of this paper is to identify the factors that influence the creation of a gender gap for the right to inherit property. The focus falls on factors such as the legal framework and social norms, where one of these factors has managed to bring stagnation in the social, economic and intellectual development of the entire Kosovo state and mainly appears to affect women to a large extent. A more detailed and in-depth explanation and understanding of why this space is creating and the discrepancy between the legal framework (perfectly drafted) and social norms (terribly wrong) are the …

Property Rights, Consequences Of Electrical Blackouts, And Measures Of Institutional Quality, Kerianne Nicole Lawson

Graduate Theses, Dissertations, and Problem Reports

This dissertation is comprised of three essays. Chapter 1 is about a house titling program, called Khaya Lam, in South Africa. Despite it being legal in South Africa to acquire a title deed to a government-issued home, roughly 20 million South Africans do not hold title to their property. Millions of homes are eligible to have ownership transferred from the government to the individuals living in them, but legal costs and lack of awareness keep these renters from going through the steps to secure title deeds. Though they may occupy the property for years, without a title deed South Africans …

A Simple, Ecologically Rational Rule For Settling Found Property Disputes, Bart J. Wilson

ESI Publications

Who has property in a found item X, which is contained in Y? The finder of X or the person who has property in Y? The common law says it depends. It depends upon whether the owner of Y knew about X, or whether X was lost or mislaid, or how small the weight of X is relative to Y (as compared to its value), or whether the finder was an employee of the owner of Y, to name just a few. Wilson (2020) hypothesizes that humans universally cognize property as being contained in a …

An Experiment On The Neolithic Agricultural Revolution. Causes And Impact On Inequality, Antonio J. Morales, Ismael Rodriguez-Lara

ESI Working Papers

Testing causal relationships expressed by mathematical models on facts about human behaviour across history is challenging. A prominent example is the Neolithic agricultural revolution [1]. Many theoretical models of the adoption of agriculture has been put forward [2] but none has been tested. The only exception is [3], that uses a computational approach with agent-based simulations of evolutionary games. Here, we propose two games that resemble the conditions of human societies before and after the agricultural revolution. The agricultural revolution is modelled as an exogenous shock in the lab (n=180, 60 independent groups), and the transition from foraging to farming …

Municipal Annexation Reform In Texas: How A Victory For Property Rights Jeopardizes The State’S Financial Health, Julie Polansky Bell

St. Mary's Law Journal

Municipal annexation is the expansion of city boundaries. The greatest motivator behind municipal annexation is maintaining and improving economic prosperity of the annexing authority. The issue of annexation involves a balance of rights between property owners and municipalities of the state. Historically, Texas cities had broad annexation authority under an involuntary annexation scheme. However, in recent years the power has shifted as lawmakers have given property owners greater control over the annexation process. This trend culminated in the passage of the Municipal Annexation Right to Vote Act (MARVA) by the 85th Texas Legislature, which severely limits annexation authority.

Texas municipalities …

The Allocation And Exchange Of Property Rights As A Way To Understand Comparative Economics Systems And Managerial Economics, John Garen

Institute for the Study of Free Enterprise Working Papers

This paper discusses how economic systems can be described by the manner that property rights are allocated to individuals, to the government, or to interests groups. Property rights entail control of use of assets, claim on the net income from an asset, and transferability of the previous two. Economics systems (e.g., capitalism, socialism, cronyism) are characterized by who holds these rights, in whole or in part, and this determines the success or failure of an economy. A related analysis is applied to understanding business organization, e.g., the corporate and non-corporate form, franchising, and employee compensation methods. Each entails a (voluntary) …

Three Essays On Land Property Rights, Water Trade, And Regional Development, Muyang Ge

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

This dissertation explores how property rights to a natural resource affect economic decisions for investment or sale, and how these decisions may in turn impact other areas of the economy. The first essay focuses on how incomplete land ownership on Indian Reservations in the United States affects landowner incentives to engage in agricultural production. The second essay explores how the transfer of water in arid regions via water right sales affects local labor markets and environmental outcomes. The third essay seeks to understand how shale-gas drilling has affected organic food production. This dissertation provides several policy implications. First, the findings …

Zoning For Climate Change: Learning From Leader Suburbs, Dorothy Ives Dewey

Sustainability Research & Practice Seminar Presentations

No abstract provided.

From Justice To Fairness: Does Kant's Doctrine Of Right Imply A Theory Of Distributive Justice?, Michael Nance, Jeppe Von Platz

Philosophy Faculty Publications

The fact that Kant does not articulate a theory of distributive justice has not kept political philosophers from citing Kant as inspiration and support for whatever theory of distributive justice they favor - including those who argue that the notion of distributive justice is itself mistaken. This widespread reliance on Kant invites the question, "Does the Doctrine of Right imply a theory of distributive justice?"

To address this question, we discuss Paul Guyer's argument that Kant's Doctrine of Right implies, roughly, the principles of distributive justice as found in Rawls's justice as fairness. Guyer's argument is that Kant's theory of …

New Forms Of Inequality In Cape Town: A Comparative Economic And Legal Study To Defend The Right To Housing, Wellington Migliari

Journal of Comparative Urban Law and Policy

Inequality has been a topic in the core of many studies about urban development. Different theories contributed enormously to innovative reflections on the 2008 global financial crisis. However, the perverse economic practices on city construction and the housing issues remain. The aim of the present article is to show how far the right to housing in Cape Town has been affected by risky real estate investments. Unemployment rates, public money being involved in the property market and mortgage system for speculative purposes are some of the dependent variables that can shed light on these new urban forms of inequality in …

Protecting Future Rights For Future Citizens: Children’S Property Rights In Fragile Environments, Sandra F. Joireman

Political Science Faculty Publications

The property rights of children is an understudied area that straddles the development/humanitarian divide. Access to assets is important to the livelihood choices and economic well-being of adults. Yet, adults’ ability to claim property can be significantly impaired by humanitarian emergencies that occurred in their youth. We typically do not think of children as economic actors because of their age; their property rights are future rights not yet realized. This paper addresses the future rights to property held by children and examines how fragile environments, characterized by conflict, displacement and disease, can undermine their ability to claim those rights when …

The Fear Factor: Determinants Of Entrepreneurial Fear Of Failure, Pema Donyo

CMC Senior Theses

This thesis aims to investigate determinants of fear of failure in entrepreneurial activity that could inhibit starting a business. The study uses cross-sectional, pooled OLS, and panel regressions. The dependent variable is fear of failure regarding entrepreneurship, measured with the Global Entrepreneurship Monitor (GEM) survey question of whether fear of failure would prevent the responder from starting a firm. The unit of analysis is at country level. I categorize determinants into demographic, property rights, and procedural variables. A population of higher working age ratio (measured as the population aged 15-64 divided by the population aged 65 and over) correlates with …

Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

3 pages

Contains footnotes

"Land Rights and Native Title in NSW"

"October 2012"

"This document has been prepared by the New South Wales Aboriginal Land Council (NSWALC) for Local Aboriginal Land Councils (LALCs) and Aboriginal communities in NSW. NSWALC acknowledges the assistance of NTSCORP Limited (NTSCORP) in the development of this Fact Sheet."--Last page

The Dual-Grant Theory Of Fair Use, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

Fair use is one of modern law's most fascinating and troubling doctrines. It is amorphous and vague, and notoriously difficult to apply. It is, at the same time, vitally important in copyright and perhaps the most frequently raised and litigated issue in the law of intellectual property.

This article offers a novel theory of fair use that provides both a better understanding of the underlying principles and better tools for applying the doctrine.

In contrast with the dominant understanding of fair use in the literature — that fair use addresses market failure — the article proposes viewing fair use as …

Chapter 4 (Draft): John Locke And The Hobbesian Hypothesis: How A Very Similar Colonial Prejudice Found Its Way Into The Natural Rights Justification Of Private Property, Karl Widerquist, Grant Mccall

Karl Widerquist

This chapter is a preliminary draft of Chapter 4 of the book, "Prehistoric Myths in Modern Political Philosophy." The role of this chapter is to show that what we call "the Hobbesian Hypothesis" is an essential premise in John Locke's justification of private property. The Hobbesian hypothesis, in this context, is the claim that everyone is better off in a society with private land and resource ownership (even if they own no land or resources) than they could reasonably except to be in a society in which these resources remained unowned and people lived as hunter-gatherers. This chapter does not …

Expropriation Risk And Competition Within The Military, Madhav S. Aney, Giovanni Ko

Research Collection School Of Economics

How can agents in the military, who control the means of coercion, commit not to expropriate from producers? In this paper we propose competition within the military as one of the mechanisms that can deter predation and consequently create commitment. In our model, even if agents within the military could expropriate all output costlessly, it is attractive to protect producers from predating military units. This marginal defensive advantage and consequently defence is an effective way to potentially eliminate is because there is a other military units, reducing competition and leading to higher future payoffs. Our model predicts that greater internal …

Expropriation Risk And Competition With The Military, Madhav S. Aney, Giovanni Ko

Research Collection School Of Economics

How can agents in the military, who control the means of coercion, commit not to expropriate from producers? In this paper we propose competition within the military as one of the mechanisms that can deter predation and consequently create commitment. In our model, even if agents within the military could expropriate all output costlessly, it is attractive to protect producers from predating military units. This is because there is a marginal defensive advantage and consequently defense is an effective way to potentially eliminate other military units, reducing competition and leading to higher future payoffs. Our model predicts that greater internal …

Land Restitution, Traditional Leadership And Belonging: Defining Barokologadi Identity, Robin L. Turner

Robin L Turner

How do government policies and practices affect struggles over collective identity and struggles over land? Examining the interconnections among collective identity struggles, land struggles and state policies and practices in post-apartheid South Africa, this paper argues that the government's contradictory policies and ambivalent practices have aggravated collective struggles over the boundaries of belonging. Specifically, the differing definitions of community set forth in traditional leadership, land tenure and land restitution policies exacerbate existing divisions among ‘communities’ concurrently subject to these policies and create practical policy dilemmas for decision-makers. This paper illustrates the interplay between public policies and collective identity struggles through …

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides

Women, Land & Justice In Tanzania (Book Review), Sandra F. Joireman

Political Science Faculty Publications

Among the many debates surrounding land in Africa, one that has endured through both colonization and independence is the argument over the merits of preserving customary land law. Human rights based approaches to property rights in Sub-Saharan Africa note women’s secondary or derivative rights to land under customary law, correctly identifying inequalities in rules and practice. Communitarian approaches, on the other hand, address the adaptability and accessibility of land regimes defined by customary law. This book contributes to the debates on women, land and law and, while it will be frustrating to some as it does not take a side …

Further Towards A Theory Of The Emergence Of Property, Bart J. Wilson

ESI Publications

This article explores the emergence of property as a moral convention. To understand this process I make use of several laboratory experiments on property in its nascence. These experiments illustrate how a rule of property arises from our knowledge of what is morally right, and not vice versa. I also argue that while the ultimate end of property is our interest in using things, the proximate end of property is not losing them, i.e., the end of a rule of property is to secure from morally unfounded harm.

Introduction: Toward Voice And Reflexivity, Olivier De Schutter, Katharina Pistor

Faculty Scholarship

In their introductory chapter, De Schutter and Pistor argue that in light of increasing absolute and relative scarcity of land and fresh water there is urgent need to improve the governance of these and other essential resources. Emphasizing “essentiality” shifts the debate from allocative efficiency to normative concerns of equity and dignity. Essential resources are indispensable for survival and/or for meaningful participation in a given community. Their allocation therefore cannot be left to the pricing mechanism alone. It requires new parameters for governance. The authors propose Voice and Reflexivity as the key parameters of such a regime. Voice is …

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …

Archives And Preservation Technical Talk: Introduction And Legal And Copyright Issues In Archives, Ruth E. Bryan

Library Presentations

The Association of Earth Science Editors held their annual meeting at the University of Kentucky in October 2014. They requested a technical talk on archives and preservation topics. A group of co-presenters organized by Ruth Bryan conducted a survey of the membership (results in the Introduction) and crafted 30-minute presentations on individual topics. Included in this paper is the Introduction and the Legal (property rights/donor restrictions) and Copyright (intellectual rights) presentation of the technical talk.