Literature Review
Recently, numerous papers have established that Property rights encourage financial development which further depends on institutional characteristics, including legal, political, and economic frameworks as well.
For Pipes (1999), Hayek (1944) and O’Driscoll Jr & Hoskins (2003), property “provides the base for the emergence of political and legal institutions that guarantee liberty.” It means that property rights are the needed condition for political and social freedom as well. It can easily be observed in Russian history that there was no distinction between sovereignty and property. (23)
It is now well-recognized by many scholars (La Porta et al. 1997, 1998; Acemoglu et al. 2001, 2002; Engerman and Sokoloff 1997, 2002;
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Khan and Samad (2010) have optimistic empirical findings of the role of intellectual property rights which according to them, increase FDI in a country, especially in production and distribution sectors. They also stress that weaker institutions, corrupt bureaucracy, weaker capital concentration and employment protection have a negative influence on FDI.
Langinier and Crampes (2009) findings are quite different from some other economists. They explain that IPRs are legal constraints, which limit the entry in industries. In this way, the positive externalities of new entrants in the market would be stopped. The IPRs protection is effective only in pharmaceutical industries and to some extent in chemical industries which has limited shares in the
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It minimises the workload of the courts to settle property disputes and increase the creditworthiness of small farmers. Similarly, it also generates Government’s revenue in the form of tax and reduces the cost and time overruns in development projects and property acquisition. So, by these ways, property rights have an inverse relation to the transaction cost Khan (2006) and they increase efficiency [Demsetz (1967)].
Developing countries’ property rights system has several loopholes in their property right system through which big landlords with the help of corrupt bureaucracy and politicians avoid or evade taxes and create a scenario in which the politically weak people remain disadvantageous having less secure property rights. For example, Khan (2006) reported several cases of corruption in the Pakistan. Corrupt government personals asked for a bribe to issue allotment letter, accessing a file, giving NOC and other legally required documents even for an already purchased
When foreign buyers empty purchase their properties, there is no money being spent in the community and little money being put back into the area’s economy. When foreign investors purchase property in Ontario, there is no concern about the province’s population or economy. They just have concerns about their personal investment and gain. Foreign investors’ main concerns are their return on their investment, not on the province’s prosperity. In addition, with foreign buyers and empty buying comes the lack of opportunity and execution of infill.
Analysis of Kelo vs. New London The unpopular Supreme Court decision of Kelo vs. New London has broken many citizens trust in having secured property rights. In Kelo vs. New London, the City of New London was condemning the property of several homeowners, in order to sell the land to private developers that would use the land to make a retail condo development. The local government approved the new development in order to gain higher tax revenue and to bring more jobs to the area. Homeowners who believed that their waterfront residence was being unfairly taken contested the City’s actions in court.
For the purpose of this paper, I will explore how James Harrington’s, Commonwealth of Oceana, and Montesquieu’s, The Spirit of Laws, are primarily irreconcilable with Locke’s understanding of property as it relates to the purpose of liberty in a republican form of government. I will contend that Harrington and Montesquieu's ideas on sumptuary tax and land reform will provide a republic with a fuller sense of stability, at the cost of liberty, than Locke’s understanding of property as the basis and purpose of government as represented by his work in Second Treatise on Civil Government. First, I will examine how Montesquieu’s adoption of sumptuary laws primarily inhibit a republic's individual's basic natural liberty by limiting their freedom to obtain what the citizens choose. Secondly, I will prove Harrington’s land reform and Montesquieu’s inheritance tax provide a
Kaylin Konobeck The Federalist, also known as The Federalist Papers, are a series of eighty-five documents written by John Jay, James Madison, and Alexander Hamilton. These documents were written and displayed in various newspapers in an effort to get voters to formally accept the United States Constitution. The Federalist was eventually published in a book in 1788. The purpose of the ratification of the United States Constitution was to ultimately replace the failed Articles of Confederation. There was a large amount of controversy surrounding the documents and the principles that the constitution held.
As "The Rise of Capitalism in the Early Republic" explains, the shift from subsistence farming to commercial agriculture and the growth of manufacturing and trade created a complex web of economic transactions and relationships. This market-based system allowed individuals to specialize in particular trades or professions and trade their goods and services with others, creating a more efficient allocation of resources and increased wealth. A third critical factor in the rise of capitalism was the emergence of a legal and political system that supported private property rights and the rule of law. As "The American Yawp" notes, the U.S. Constitution enshrined the protection of property rights as a central tenet of the nation's legal framework.
In the Second Treatise of Government, John Locke introduces many innovative ideas, such as the government’s role in protecting its citizens’ natural rights, consent of the governed, and the right of the people to overthrow a government that did not properly protect their rights, all of which played an important role in the development of the French and American Revolutions. In the Second Treatise, one of the main ideas articulated by Locke is that a government is formed in order to protect the people’s natural rights, or as Locke states , “for the mutual preservation” of the people’s “lives, liberties, and estates, which [Locke] call[s] by the general name ‘property’ ” (Locke, p. 37). Locke considers these three rights to be the most valuable
Corruption, political favors and greed are still ongoing. This has been exemplified with the crash of Wall Street and the housing crash. It is important that the government make sure that people’s properties and
Eminent Domain Imagine having a home in a beautiful neighborhood where your family started a life for themselves, now imagine the government coming in and with one fell swoop, destroy your neighborhood in order to make room for a new golf course. Also, in order to compensate you for the loss of your home they hand you a check as if it were to make up for all the love and memories lost. It is an issue that many home owners and some business owners can tell you about from personal experience, when the government took over their properties in order to make room for a new school, new railroad or golf course and they call it eminent domain.
The authors provide an overview of the relationship between open financial structures and inclusive political system. As political space becoming more open, other institutions such as criminal justice system have gradually developed. The authors also point out the dangers of bureaucratization. The Venice Council pursued policies that made political institutions more extractive, and as an outcome, provide a basis for extractive economic institutions to emerge. For example, the Council banned the use of Commenda contract, which one of the great institutional innovations that had made Venice rich.
The government often uses eminent domain to seize private property to serve public goods such as building highways and universities with paying fair compensation to the owners. However, whether the government has the right to use eminent domain for non-government purposes, for example, to build up a new pharmaceutical factory, is controversial. Some people consider a new large company as an opportunity to increase taxes and revenues. Nonetheless, in my view, the government should not use eminent domain for non-government use because this action will ruin the private business of the owners, and also lead to inappropriate seizure of private property by powerful politicians and capitalists.
The Right of Eminent Domain Eminent domain -- the right of a government to take private property for public use by the superior dominion of the sovereign power over all lands within its authority. The United States uses Eminent Domain to put aside land every year for National Parks (i.e. Yellowstone, Yosemite, Everglades). However, in recent years, the government has been under attack for seizing these lands. Some people argue it’s a violation of the Fifth Amendment which states that any land taken by the government from private property must be given compensation. Because of this, it has become more challenging for the United States government to reserve land for public use.
Corruption occurs in a government when politicians are bought out by private companies. These companies would pay the politicians large sums of money and in return, the politicians would do political favors for the companies. According
( Bigelow,1994;Onosko and Jorgensen ,1998;Lewis and Batts
Bribery is defined on the dictionary as offering, giving, or receiving of a bribe, which means giving or receiving of something of value in exchange of specific favorable outcome that it may not occur if it weren’t for the bribe. “Bribery law consists of the criminal rules for dealing with people who attempt to buy influence with public officials and other decision-makers.” (Bribery and Corruption Law). The crime of bribery covers a broad scope of wrongful conduct, for instances, bribes of cash, favors, assets, services, or anything else of value, whether delivered presently or in the future. Bribes can occur directly, or indirectly through third parties in order to disguise the transaction.
But many countries like USA has an Act in place that outlaws the practice of bribe payment to government official for their gain in