Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0695
Joseph Leeson
Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership.1 This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George.2 George’s public finance theory has been described as having received “intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of academic economics.”3 Although George’s original plans for a single-tax system have failed to gain momentum in economic and tax policy circles, his single-tax-system philosophy is exemplified in twenty-first century natural resource taxation (most prominently in the taxation of oil). An application of the economic and procedural rationales that underpin George’s single-tax system indicates that petroleum taxation should be based on a severance tax system that promotes the efficient distribution
{"title":"A Georgist Perspective of Petroleum Taxation","authors":"Joseph Leeson","doi":"10.2979/INDJGLOLEGSTU.26.2.0695","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0695","url":null,"abstract":"Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership.1 This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George.2 George’s public finance theory has been described as having received “intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of academic economics.”3 Although George’s original plans for a single-tax system have failed to gain momentum in economic and tax policy circles, his single-tax-system philosophy is exemplified in twenty-first century natural resource taxation (most prominently in the taxation of oil). An application of the economic and procedural rationales that underpin George’s single-tax system indicates that petroleum taxation should be based on a severance tax system that promotes the efficient distribution","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"695 - 715"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45097488","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0761
Colleen M Newbill
Abstract:A Google search for the phrase "critical infrastructure" turns up 189 million results in little more than a half second: "global critical infrastructure" has 151 million results; and "definition of critical infrastructure" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders of individual nation-states as calls for international efforts to protect national critical infrastructures are being made. Without clearly defined boundaries on what constitutes critical infrastructure at a global level, however, international efforts to protect critical infrastructure will be unduly burdensome and overbroad. Before moving toward international efforts for protecting critical infrastructure, the global community must come together to define which critical infrastructures are worth this additional level of protection.
{"title":"Defining Critical Infrastructure for a Global Application","authors":"Colleen M Newbill","doi":"10.2979/INDJGLOLEGSTU.26.2.0761","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0761","url":null,"abstract":"Abstract:A Google search for the phrase \"critical infrastructure\" turns up 189 million results in little more than a half second: \"global critical infrastructure\" has 151 million results; and \"definition of critical infrastructure\" yields 71.5 million results. The list of what industries and sectors fall under the critical infrastructure designation expands as time progresses and technology develops. As the threat of cyberattacks increases and this frontier of terrorism continues to emerge, attacks on critical infrastructure are high on the list of concerns and the need for protective measures imperative. The focus on protecting critical infrastructure does not stop at the borders of individual nation-states as calls for international efforts to protect national critical infrastructures are being made. Without clearly defined boundaries on what constitutes critical infrastructure at a global level, however, international efforts to protect critical infrastructure will be unduly burdensome and overbroad. Before moving toward international efforts for protecting critical infrastructure, the global community must come together to define which critical infrastructures are worth this additional level of protection.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"761 - 779"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47313380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0461
Fabio Ratto Trabucco
Abstract:This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights derived from EU law before a national court. In Hungary, the principle has been invoked in administrative cases (in regulatory law) that are rather difficult to follow (such as taxation [VAT], gambling and betting, regulated industries, and competition). Recently since 2016, this method of statutory interpretation has been invoked in the researching asylum and the related administrative cases delivered under the new Hungarian laws.
{"title":"The Effectiveness and Application of the EU Principle of Consistent Interpretation in Hungarian Courts","authors":"Fabio Ratto Trabucco","doi":"10.2979/INDJGLOLEGSTU.26.2.0461","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0461","url":null,"abstract":"Abstract:This study of how the Hungarian courts have applied the principle of consistent interpretation demonstrates the striking degree to which this statutory interpretation method has been derived from EU law and embedded in the national courts' practice. Originating in the jurisprudence of the EU court of Justice and based on the principle of sincere cooperation set out in Article 4(3) EU Treaty, the principle of consistent interpretation consists of a duty incumbent on all public authorities, including national courts, to interpret national law in conformity with EU law. Consistent interpretation plays an important role in enabling individuals to secure rights derived from EU law before a national court. In Hungary, the principle has been invoked in administrative cases (in regulatory law) that are rather difficult to follow (such as taxation [VAT], gambling and betting, regulated industries, and competition). Recently since 2016, this method of statutory interpretation has been invoked in the researching asylum and the related administrative cases delivered under the new Hungarian laws.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"461 - 499"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47055278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0717
Scotty N Teal
{"title":"\"Believe Me,\" We Do Not Have a Foreign Emoluments Clause Violation","authors":"Scotty N Teal","doi":"10.2979/INDJGLOLEGSTU.26.2.0717","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0717","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"717 - 739"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44459731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0501
T. Koncewicz
{"title":"Understanding the Politics of Resentment: Of the Principles, Institutions, Counter-Strategies, Normative Change, and the Habits of Heart","authors":"T. Koncewicz","doi":"10.2979/INDJGLOLEGSTU.26.2.0501","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0501","url":null,"abstract":"","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"501 - 630"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47999775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0741
R. Rogers
abstract:"Space law," much like outer space itself, still remains largely un-navigated in some aspects. "Space law" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space—liability stemming from spacecraft collision and the resulting damage that occurs between the countries. This paper argues that since space law shares many similarities with maritime law, the law of the seas, certain maritime law regulations should be adopted. Maritime law has traditionally implemented the practice of limitation on liability since the passage of the Limitation of Liability Act, 46 U.S.C. §§ 181-196—a set of statutes that limits the liability of a defendant in a tort claim when damage has occurred to a ship, cargo vessel, or other related craft while at sea. Despite best efforts and careful planning, expensive accidents can still occur on land, while at sea, and now, with more frequent travel to outer space, the skies and beyond. To continue to encourage space exploration and research, nations should follow the longstanding example set out by maritime law in following limitations on liability. Extending a codified limitation on liability to space law will help pave the way for increased space exploration in the years to come. This measure will limit liability and thus the total amount of money a defendant might owe at the outcome of a collision settlement. This defendant will be in a better financial position to increase safety measures for continued exploration. Moreover, the window would be widened for other potential spacefarers who might have been wary at any associated costs with space travel and who would no longer need to worry about full liability were something to go wrong. The Limitation of Liability Act should be incorporated into space law to increase the presence of those already utilizing channels of space for both commercial and research purposes and to encourage new voyagers to the land beyond without quite the same hefty price tag attached.
{"title":"The Sea of the Universe: How Maritime Law's Limitation on Liability Gets it Right, and Why Space Law Should Follow by Example","authors":"R. Rogers","doi":"10.2979/INDJGLOLEGSTU.26.2.0741","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0741","url":null,"abstract":"abstract:\"Space law,\" much like outer space itself, still remains largely un-navigated in some aspects. \"Space law\" is a term loosely used to dictate the body of law that refers to the international rules and regulations surrounding exploration and behavior while in outer space; while it quite uniformly covers questions of general damage control, international relations, and resource exploration, some areas of this body of law remain ambiguous and only partially implemented across the globe. One of these broad areas is the role of tort law in outer space—liability stemming from spacecraft collision and the resulting damage that occurs between the countries. This paper argues that since space law shares many similarities with maritime law, the law of the seas, certain maritime law regulations should be adopted. Maritime law has traditionally implemented the practice of limitation on liability since the passage of the Limitation of Liability Act, 46 U.S.C. §§ 181-196—a set of statutes that limits the liability of a defendant in a tort claim when damage has occurred to a ship, cargo vessel, or other related craft while at sea. Despite best efforts and careful planning, expensive accidents can still occur on land, while at sea, and now, with more frequent travel to outer space, the skies and beyond. To continue to encourage space exploration and research, nations should follow the longstanding example set out by maritime law in following limitations on liability. Extending a codified limitation on liability to space law will help pave the way for increased space exploration in the years to come. This measure will limit liability and thus the total amount of money a defendant might owe at the outcome of a collision settlement. This defendant will be in a better financial position to increase safety measures for continued exploration. Moreover, the window would be widened for other potential spacefarers who might have been wary at any associated costs with space travel and who would no longer need to worry about full liability were something to go wrong. The Limitation of Liability Act should be incorporated into space law to increase the presence of those already utilizing channels of space for both commercial and research purposes and to encourage new voyagers to the land beyond without quite the same hefty price tag attached.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"741 - 759"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45273311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0631
Nazim Ziyadov
Abstract:Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). To challenge the ECHR's judicial interpretation techniques, the article attempts to address two questions: (i) whether the ECHR's approach to rely on the existence or absence of the majority view of the Council of Europe members should be considered as a reliable ground for justification in delivering a final judgment; (ii) whether creating two different institutions (marriage for heterosexual couples and civil unions for same-sex couples) is in line with the general principles of law. As it is argued, the ECHR's legal interpretation techniques applied in Oliari and Others have left many deficiencies that can be used to question the reliability of justice delivered.
{"title":"From Justice to Injustice: Lowering the Threshold of European Consensus in Oliari and Others versus Italy","authors":"Nazim Ziyadov","doi":"10.2979/INDJGLOLEGSTU.26.2.0631","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0631","url":null,"abstract":"Abstract:Oliari and Others v. Italy, decided by the European Court of Human Rights (ECHR) in 2015, changed its case law. The ECHR changed its position stated in Schalk and Kopf v. Austria (2010) when evaluating an alleged violation of Article 8 of the European Convention on Human Rights. It concluded that Italy has a positive obligation under the convention to guarantee alternative legal recognition for same-sex couples. The same conclusion was not reached in Schalk. In Oliari and Others, the ECHR heavily relied on the European consensus doctrine and eventually deepened formalization of two different institutions (marriage and civil unions). To challenge the ECHR's judicial interpretation techniques, the article attempts to address two questions: (i) whether the ECHR's approach to rely on the existence or absence of the majority view of the Council of Europe members should be considered as a reliable ground for justification in delivering a final judgment; (ii) whether creating two different institutions (marriage for heterosexual couples and civil unions for same-sex couples) is in line with the general principles of law. As it is argued, the ECHR's legal interpretation techniques applied in Oliari and Others have left many deficiencies that can be used to question the reliability of justice delivered.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"631 - 672"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45757853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-06DOI: 10.2979/INDJGLOLEGSTU.26.2.0673
Rachel Stopchinski
abstract:In 2017, the prevailing political party in Poland, Law and Justice (Prawo i Sprawiedliwość), proposed a series of radical legislative changes designed to strip the Polish judiciary of its independence. Though the European Union (EU) has extensively investigated this egregious attack on the rule of law, no concrete steps have been taken to impose sanctions on, or otherwise discipline, the Polish government for defying EU ideals. Despite the fundamental importance of judicial independence in maintaining the rule of law, there are presently no widely adopted international standards of judicial independence. Therefore, no guidelines are promulgated for governments to follow, and no well-executed path of action exits to shepherd wayward countries back into compliance. Something must be done. This paper seeks to explore the history behind the current judicial crisis in Poland, the possibility of implementing concrete international standards of judicial independence, and the feasibility of enforcement mechanisms driven by private actors.
2017年，波兰执政党法律与公正党(Prawo i Sprawiedliwość)提出了一系列激进的立法改革，旨在剥夺波兰司法机构的独立性。尽管欧盟(EU)广泛调查了这一对法治的恶劣攻击，但没有采取任何具体措施对波兰政府实施制裁，或以其他方式惩罚波兰政府，因为它违背了欧盟的理想。尽管司法独立对维护法治具有根本的重要性，但目前还没有广泛采用的国际司法独立标准。因此，没有颁布任何供政府遵循的指导方针，也没有行之有效的行动路径来引导任性的国家重新遵守规定。必须做点什么。本文旨在探讨波兰当前司法危机背后的历史，实施具体的司法独立国际标准的可能性，以及由私人行为者推动的执行机制的可行性。
{"title":"Enforcement Mechanisms for International Standards of Judicial Independence: The Role of Government and Private Actors","authors":"Rachel Stopchinski","doi":"10.2979/INDJGLOLEGSTU.26.2.0673","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0673","url":null,"abstract":"abstract:In 2017, the prevailing political party in Poland, Law and Justice (Prawo i Sprawiedliwość), proposed a series of radical legislative changes designed to strip the Polish judiciary of its independence. Though the European Union (EU) has extensively investigated this egregious attack on the rule of law, no concrete steps have been taken to impose sanctions on, or otherwise discipline, the Polish government for defying EU ideals. Despite the fundamental importance of judicial independence in maintaining the rule of law, there are presently no widely adopted international standards of judicial independence. Therefore, no guidelines are promulgated for governments to follow, and no well-executed path of action exits to shepherd wayward countries back into compliance. Something must be done. This paper seeks to explore the history behind the current judicial crisis in Poland, the possibility of implementing concrete international standards of judicial independence, and the feasibility of enforcement mechanisms driven by private actors.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"673 - 694"},"PeriodicalIF":0.0,"publicationDate":"2019-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45598184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.2979/INDJGLOLEGSTU.26.2.0437
Hakeem O Yusuf, T. Chowdhury
Abstract:The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the "dogmatic philosophy of recognition" and how they can be overcome through his articulation of "the Encounter" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. Unyielding adherence to the categories is challenged through the Encounter because sui generis categories are created in furtherance of the committee's stated aim. In applying this theoretical analysis, the article uses Gibraltar as a promising example of what a sui generis category of decolonization could resemble.
{"title":"The U.N. Committee of 24's Dogmatic Philosophy of Recognition: Toward a Sui Generis Approach to Decolonization","authors":"Hakeem O Yusuf, T. Chowdhury","doi":"10.2979/INDJGLOLEGSTU.26.2.0437","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0437","url":null,"abstract":"Abstract:The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the \"dogmatic philosophy of recognition\" and how they can be overcome through his articulation of \"the Encounter\" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. Unyielding adherence to the categories is challenged through the Encounter because sui generis categories are created in furtherance of the committee's stated aim. In applying this theoretical analysis, the article uses Gibraltar as a promising example of what a sui generis category of decolonization could resemble.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"437 - 460"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45410088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.2979/INDJGLOLEGSTU.26.2.0401
P. Babie, Peter D. Burdon, F. Rimini, Cherie Metcalf, Geir Stenseth
Abstract:While theory offers important insights into property's normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship focuses on everyday people's views and experiences—what some call the psychology of property and what we call the idea of property. This article presents a comparative review of empirical research methods that the authors have recently used to study the idea (or psychology) of property and provides evidence drawn from the United States, Canada, and Australia: (i) Stenseth's work on behavioral economics and property law; (ii) Metcalf's empirical research drawing on social psychology and behavioral economics; and (iii) the small-scale, qualitative study conducted by Babie, Burdon, and da Rimini. All three studies suggest that individuals hold an idea of property that exists independently from the formal law found in the jurisdiction studied. Moreover, while individuals do appear willing to self-regulate with reference to the environment or for the public good, for the most part people's idea of property is one that allows for promoting individual desires. Whether this is innate, culturally determined, or both is beyond this article's scope, but we conclude that this is an important area for future research and investigation.
{"title":"The Idea of Property: A Comparative Review of Recent Empirical Research Methods","authors":"P. Babie, Peter D. Burdon, F. Rimini, Cherie Metcalf, Geir Stenseth","doi":"10.2979/INDJGLOLEGSTU.26.2.0401","DOIUrl":"https://doi.org/10.2979/INDJGLOLEGSTU.26.2.0401","url":null,"abstract":"Abstract:While theory offers important insights into property's normative content, it sometimes fails to tell us about what people understand property to mean and how they interact with those things said to be owned by them. This has significant implications for some of the challenges facing humanity, including climate change, unequal distributions of wealth and resources, biodiversity loss, and innovation. In response, a growing body of literature is emerging that looks at property through a different lens; rather than theorizing property in an abstract way or attempting to craft a normative account of and justification for the institution, this new scholarship focuses on everyday people's views and experiences—what some call the psychology of property and what we call the idea of property. This article presents a comparative review of empirical research methods that the authors have recently used to study the idea (or psychology) of property and provides evidence drawn from the United States, Canada, and Australia: (i) Stenseth's work on behavioral economics and property law; (ii) Metcalf's empirical research drawing on social psychology and behavioral economics; and (iii) the small-scale, qualitative study conducted by Babie, Burdon, and da Rimini. All three studies suggest that individuals hold an idea of property that exists independently from the formal law found in the jurisdiction studied. Moreover, while individuals do appear willing to self-regulate with reference to the environment or for the public good, for the most part people's idea of property is one that allows for promoting individual desires. Whether this is innate, culturally determined, or both is beyond this article's scope, but we conclude that this is an important area for future research and investigation.","PeriodicalId":39188,"journal":{"name":"Indiana Journal of Global Legal Studies","volume":"26 1","pages":"401 - 436"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45292075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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