Principles of Property Flashcards

(15 cards)

1
Q

What are the 6 Benefits of Property?

A

i. Wealth Generation
ii. Economic Efficiency
iii. Individual Liberty
iv. Individual Dignity
v. Fairness & Social Justice
vi. Personal Morality

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2
Q

Economic Efficiency

A

Encourages free market, productive activity, and by granting to security to those who invest in economic projects

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3
Q

Why do we have government regulation?

A

Limits Property rights

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4
Q

What are the general gov. regulations?

A
  1. State Statutes
  2. Constitutional Provisions (Taking)
  3. Zoning
  4. Housing Codes
  5. Covenants
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5
Q

What are the federal regulations?

A

police power regulation and powers of eminent domain and taxing and spending power

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6
Q

Protections against Gov. Reg?

A
  1. Lack of legal authority
  2. Due process claims
  3. Equal Protection claims
  4. Eminent domain taking claims→ must pay to take
  5. Regulatory taking claims
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7
Q

Justification Theories

A

i. Labor Theory
ii. Natural Law Theory
iii. Social Contract Theory
iv. Utilitarian Theoryproach. Promote general welfare
v. Initial Distribution Problem

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8
Q

Labor Theory

A

person who does the work deserves its benefits- Locke

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9
Q

Natural Law Theory

A

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?

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10
Q

Social Contract Theory

A

What basic rights would ind. agree upon in a suitable initial choice situation?

Legal rules structure the contours of social relationships like property.

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11
Q

Utilitarian Theory

A

Comparing the costs and benefits of different definitions and allocations of property entitlements. Consequentialists approach. Promote general welfare

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12
Q

Initial Dist. Problem

A

Unequal bargaining power. All the wealth distributed to one group, how is it redistributed? Indian ex.

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13
Q

How is wealth distributed in US?

A
  • Top 50% pay 100% of the income.
  • The Top 1% receives 20% of nations income.
  • Middle 50% and top own 87.2% of allincome.
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14
Q

Wealth in Modern Nations

A

2% Natural Physical Resources
18% physical assets infrastructure
80% intangible Social Institutions. Work Ethic property Rights- Small business Incentives

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15
Q

How is redistributive justice achieved through taxes?

A

top 50% of households pay 100% of federal income tax

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