Principles of Property Flashcards
(15 cards)
What are the 6 Benefits of Property?
i. Wealth Generation
ii. Economic Efficiency
iii. Individual Liberty
iv. Individual Dignity
v. Fairness & Social Justice
vi. Personal Morality
Economic Efficiency
Encourages free market, productive activity, and by granting to security to those who invest in economic projects
Why do we have government regulation?
Limits Property rights
What are the general gov. regulations?
- State Statutes
- Constitutional Provisions (Taking)
- Zoning
- Housing Codes
- Covenants
What are the federal regulations?
police power regulation and powers of eminent domain and taxing and spending power
Protections against Gov. Reg?
- Lack of legal authority
- Due process claims
- Equal Protection claims
- Eminent domain taking claims→ must pay to take
- Regulatory taking claims
Justification Theories
i. Labor Theory
ii. Natural Law Theory
iii. Social Contract Theory
iv. Utilitarian Theoryproach. Promote general welfare
v. Initial Distribution Problem
Labor Theory
person who does the work deserves its benefits- Locke
Natural Law Theory
nature of human beings and natural relationships. Is a particular interest so rooted or important from a rational moral point of view that others should respect it?
Social Contract Theory
What basic rights would ind. agree upon in a suitable initial choice situation?
Legal rules structure the contours of social relationships like property.
Utilitarian Theory
Comparing the costs and benefits of different definitions and allocations of property entitlements. Consequentialists approach. Promote general welfare
Initial Dist. Problem
Unequal bargaining power. All the wealth distributed to one group, how is it redistributed? Indian ex.
How is wealth distributed in US?
- Top 50% pay 100% of the income.
- The Top 1% receives 20% of nations income.
- Middle 50% and top own 87.2% of allincome.
Wealth in Modern Nations
2% Natural Physical Resources
18% physical assets infrastructure
80% intangible Social Institutions. Work Ethic property Rights- Small business Incentives
How is redistributive justice achieved through taxes?
top 50% of households pay 100% of federal income tax