Liberty, Equality, and the Boundaries of Ownership: Thomas Paine's Theory of Property Rights

Lamb, Robert

doi:10.1017/s0034670510000331

Cited by 5 publications

(2 citation statements)

References 17 publications

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“…It has also been considered a civil right, notably because of the central role of private property, together with liberty and formal equality, in the construction of liberalism in Western political theory. 40 For example, Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination includes "the right to own property alone as well as in association with others" and "the right to inherit" in its list of civil rights, alongside freedom of movement, right to nationality, marriage, and freedom of opinion, thought or association. 41 Similarly, the protection of property is proclaimed in Article 1 of the first Protocol to the European Convention on Human Rights (ECHR), a treaty devoted to civil and political rights.…”

Section: The Indeterminacy and Polysemy Of Property In International ...mentioning

confidence: 99%

The Right to Property Taking Economic, Social, and Cultural Rights Seriously

Casla¹

2023

Human Rights Quarterly

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The right to property is part of International Human Rights Law (IHRL). However, the right is conspicuously missing from some fundamental treaties, and there are important inconsistencies in its interpretation by regional and global human rights bodies. In light of the indeterminacy and polysemy of IHRL in relation to property, this paper articulates a proposal to rethink this right taking Economic, Social and Cultural Rights (ESCR) seriously: property is a human right; it includes private property as one of its forms, but this is not the only one; property has a social function; and potential clashes between property and other rights, including ESCR, should be dealt with in accordance with the principles of proportionality and public interest.

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Section: The Indeterminacy and Polysemy Of Property In International ...mentioning

confidence: 99%

The Right to Property Taking Economic, Social, and Cultural Rights Seriously

Casla¹

2023

Human Rights Quarterly

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“…Hill and Wang. 11 Lamb, Robert (2010). "Liberty, Equality, and the Boundaries of Ownership: Thomas Paine's Theory of Property Rights".…”

Section: Pilot Programs and Experimentsmentioning

confidence: 99%

CIitizen’s Basic Income - The new promise of Populism in the edge of Technological unemployment

Paço¹,

Paço²

2020

Academicus International Scientific Journal

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The years in which we live have been characterized by a strong dynamism in the development of the political spectrum in Europe, but also in the world. traditional spectrum, as populist. The main cases of populism in the period we live in range from traditional groupings, which were revived after the global economic crisis to electoral victories, such as the 5 Star Movement in Italy, UKIP in the UK and the election of Donald Trump in the US. What we want to address in this article is the return of a utopian idea that has not appeared since the period of the French Revolution.

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The Right to Life, the Right to Nature, and the Impact of Irish Land on Political Thought in the 1880s

Phemister

2023

Hist. J.

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The Irish Land War was a pivotal conflict in the history of liberal political thought. With significant impacts on both sides of the Atlantic, events in Ireland were about more than Irish self-determination. Heavily reliant on a discourse of natural right, and asserting a relationship between land ownership and democratic-republican citizenship, the Land War provided a vehicle for popular radical opposition to an increasingly positivist liberalism. This article examines the rationales and political assumptions underlying the demand for land, and how such arguments catalysed an intellectual response among liberal political thinkers. Particular moral and metaphysical ideas about the distinctiveness of land allowed agrarian and labour radicals to reassert individualized but non-possessive rights to natural resources. Rooted in a materialist politics of the human body, this purposive conception of land posed a significant threat to claims for private property, social order, and the ameliorative authority of the state, pressing both liberal and conservative thinkers away from unstable notions of individual rights. The crisis over Irish land helped to shift the terrain of political argument away from questions of participation and popular power, and toward amelioration and public welfare.

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Liberty, Equality, and the Boundaries of Ownership: Thomas Paine's Theory of Property Rights

Cited by 5 publications

References 17 publications

The Right to Property Taking Economic, Social, and Cultural Rights Seriously

The Right to Property Taking Economic, Social, and Cultural Rights Seriously

CIitizen’s Basic Income - The new promise of Populism in the edge of Technological unemployment

The Right to Life, the Right to Nature, and the Impact of Irish Land on Political Thought in the 1880s

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