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Secure property rights are central to economic development and stable government, yet difficult to create. Relying on surveys in Russia from 2000 to 2012, Timothy Frye examines how political power, institutions, and norms shape property rights for firms. Through a series of simple survey experiments, Property Rights and Property Wrongs explores how political power, personal connections, elections, concerns for reputation, legal facts, and social norms influence property rights disputes from hostile corporate takeovers to debt collection to renationalization. This work argues that property rights in Russia are better seen as an evolving bargain between rulers and rightholders than as simply a reflection of economic transition, Russian culture, or a weak state. The result is a nuanced view of the political economy of Russia that contributes to central debates in economic development, comparative politics, and legal studies.
Redistributing land rights is a tricky subject and one that easily becomes controversial as recent experience has shown. This new book calmly examines the strengths and weaknesses of different forms of land redistribution.
Land reforms are laws that are intended, and likely, to cut poverty by raising the poor’s share of land rights. That raises questions about property rights as old as moral philosophy, and issues of efficiency and fairness that dominate policy from Bolivia to Nepal. Classic reforms directly transfer land from rich to poor. However, much else has been marketed as land reform: the restriction of tenancy, but also its de-restriction; collectivisation, but also de-collectivisation; land consolidation, but also land division. In 1955-2000, genuine land reform affected over a billion people, and almost as many hectares. Is land reform still alive, for example in Bolivia, South Africa and Nepal? Or is it dead and, if so, is this because it has succeeded, or because it has failed? There has been massive research on land reform and this book builds on some surprising findings. Small farms’ share in land is rising in most of Asia and Africa. This is not driven (as widely claimed) by growth in rural population or farm productivity, but by the relative efficiency of small farms, and in some cases by land reform. Whether land reform helps the poor depends not only on land transfers, but at least as much on its effects through employment, non-farm activity, GDP growth and distribution, as well as the village status and power of the poor. Avoidance, evasion and even distortion of land reform laws sometimes advance their main aims. Liberalisation and its accompaniments (such as supermarkets) can be powerful friends or fatal foes of small farms and land reform. This book will be of great interest to students, researchers and consultants working on agriculture, farm organisation, rural development and poverty reduction, with special emphasis on developing countries.
The crisis of environmental degradation has created an immense volume of literature which focuses on controlling environmental problems. This book goes a step further, in aiming to extend and complement the current debates on the subject. Using property rights, it examines the cause and possible solutions to environmental and resource degradation. Written in a non-technical and reader-friendly style, the book also offers numerous examples and case studies; an up-to-date list of world-wide web sites relevant to the subject; a glossary of environmental and economic terms; and a guide to to relevant literature at the end of each chapter.
"A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.
The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Like most wild living resources, fish present a complex management challenge. Given the failure of command and control regulatory regimes to protect fisheries, scholars and practitioners have advocated the use of property rights to rectify the fisheries crisis. This meta analysis argues that property rights can be used constructively as a regulatory measure in the sustainable management of fisheries, and perhaps in other areas of resource management. However, the use of property rights to resolve resource problems is context dependent, and no single regulatory option or policy is appropriate for the multi-faceted and highly variable world of fisheries management. This paper characterizes and contrasts three regulatory regimes in fisheries management in the United States, while drawing from lessons learned worldwide about fisheries regulation. The paper defines the conditions where property rights might be used appropriately-property 'rights' - as well as where property rights might be used inappropriately - property 'wrongs.'
The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.