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The phrase Lockean proviso was coined by American libertarian political philosopher Robert Nozick in Anarchy, State, and Utopia. [2] It is based on the ideas elaborated by Locke in his Second Treatise of Government, namely that self-ownership allows a person the freedom to mix his or her labor with natural resources, converting common property into private property.
Economist John Quiggin argues that this fits into a larger fundamental criticism of Locke's labor theory of property which values a particular type of labor and land use (i.e., agriculture) over all others. It thus does not recognize usage of land, for example, by hunter-gatherer societies as granting rights to ownership.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The covenant must 'touch and concern' the land – it must affect how the land is used or the value of the land The benefited land must be identifiable. At common law, the burden of a restrictive covenant does not run [ 15 ] except where strict privity of estate (a landlord/tenant relationship) exists.
The clause took its name from a declaration read by Friedrich Martens, [2] the delegate of Russia at the Hague Peace Conferences of 1899. [3] The Clause was introduced as compromise wording for the dispute between the Great Powers who considered francs-tireurs to be unlawful combatants subject to execution on capture and the smaller states who maintained that they should be considered lawful ...
From a letter from Jefferson to James Madison, dated April 25, 1784: "The clause was lost by an individual vote only. Ten states were present. The four eastern states, New York, and Pennsylvania were for the clause; Jersey would have been for it, but there were but two members, one of whom was sick in his chambers. South Carolina, Maryland, and [!]
A grandfather clause (or grandfather policy or grandfathering) is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights , or to have been grandfathered in .
Judge Higgins of the International Court of Justice explained "from Security Council resolution 242 (1967) through to Security Council Resolution 1515 (2003), the key underlying requirements have remained the same – that Israel is entitled to exist, to be recognized, and to security, and that the Palestinian people are entitled to their ...