Competing Catholic Views on Private Property and Free Enterprise

2010 ◽  
Vol 8 (1) ◽  
Author(s):  
Tiffany Fleming ◽  
◽  
Keyword(s):  
Economic Freedom ◽  
Private Property ◽  
Point Of View ◽  
16Th Century ◽  
Society Of Jesus ◽  
Economic Regulation ◽  
Free Enterprise ◽  
Opposite Point ◽  
School Of Salamanca

The present paper demonstrates that there was a sea change of opinion amongst Catholic theologians, in general, and Jesuits in particular, on the issues of private property, economic regulation of the economy and free enterprise. The earlier members of this Order, stemming from the School of Salamanca in the 16th century at the time of the founding of the Society of Jesus, in the main favored economic freedom; their modern successors, with some minor exceptions, take the opposite point of view. Several hypotheses to account for this phenomenon are then raised and discussed.

scholarly journals Beneath the Black Robes of Ignatius and Mariana: Limited Liberty within an Interventionist Order

Studia Humana ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 16-27
Author(s):  
L. B. Edgar
Keyword(s):  
The State ◽  
Society Of Jesus ◽  
Free Enterprise ◽  
Default Position ◽  
School Of Salamanca

AbstractThe Society of Jesus sprang from the devout faith of a sidelined soldier who traded in his weapons to form a militant order of Catholic Reformers sworn to serve the Papacy as missionary soldiers of Christ. Specialization in education led Jesuits to roles as theologians of the 16th Century, including as members of the School of Salamanca, whose Jesuit members mostly took pro-market positions on free enterprise. One learned Jesuit in particular deviated from his order’s default position of papal dirigisme to become an enemy of the state.

Gabriele d’Annunzio’s Notturno, the book of the Italian war: Political commitment, national regeneration and its ideological roots

2021 ◽  
pp. 001458582110054
Author(s):  
Guylian Nemegeer ◽  
Mara Santi
Keyword(s):  
Point Of View ◽  
16Th Century ◽  
The Political ◽  
Political Commitment ◽  
Literary Works ◽  
Political Message ◽  
Political Project ◽  
Political Value ◽  
Cultural Message

This article argues that Gabriele d’Annunzio’s Notturno conveys a conscious political and cultural message which is consequent of his long-lasting political commitment to the nation. This political value of the book has been mainly overlooked. Therefore, the first part of the article shows the locations of the political and war-related content, and how the book can be considered as a war diary. Moreover, the first part of the article relates the Notturno to d’Annunzio’s political project for the nation at the time when the book was composed (1915–1921). The aim of this part is to dispel the enduring critical misinterpretation of the Notturno as an intimate collection of memories and visions and to foreground its national value. The second part of the article addresses the roots of the Notturno’s political message from a literary point of view by relating it to the national commitment underlying d’Annunzio’s works since the 1880s. This commitment is based on the revalorization in the author’s literary works of the Italian national past, in particular of the 16th century, where d’Annunzio continues and renews the national storytelling of the Risorgimento.

scholarly journals El monopolio de las ideas: Contra la Propiedad Intelectual

2021 ◽  
pp. 47-104
Author(s):  
Albert Esplugas
Keyword(s):  
Intellectual Property ◽  
Public Good ◽  
Key Words ◽  
Market Economy ◽  
Private Property ◽  
Free Riding ◽  
Point Of View ◽  
Private Property Rights ◽  
Original Meaning ◽  
Palabras Clave

This paper presents a critique of intellectual property from an ethical and economical point of view. Once patents and copyrights are characterized as a monopolies of ideas, it is argued that intellectual pro-perty violates private property rights in its original meaning and it is not based in real scarcity but creates artificial scarcity instead. In addition, the paper challenges intellectual property as an incentive to innovation and studies the several costs of this kind of regulation. Eventually, diffe-rent market alternatives to tackle the free-riding problem are explored. Key words: intelectual property, patents, copyrights, private property, scar-city, public good, innovation incentives, market economy. Clasificación JEL: O310, O320, O340, H410. Resumen: En este trabajo se presenta una crítica a la propiedad intelec-tual desde una perspectiva ética y económica. Tras caracterizar las paten-tes y los copyrights como monopolios sobre ideas, se arguye que la pro-piedad intelectual viola el derecho de propiedad privada en su sentido tradicional y crea una escasez artificial en lugar de fundarse sobre la esca-sez. Se cuestiona, asimismo, que la propiedad intelectual suponga un incen-tivo a la creación, estudiando los distintos costes de una regulación de este tipo. Por último se mencionan varias alternativas de mercado para hacer frente a los problemas de free-riding. Palabras clave: propiedad intelectual, patentes, copyrights, propiedad privada, escasez, bien público, incentivos a la innovación, mercado.

scholarly journals Os Objetivos do Direito da Concorrência em Face da Ordem Econômica Nacional

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Luiz Carlos Buchain
Keyword(s):  
Economic Freedom ◽  
Market Failure ◽  
Market Competition ◽  
State Intervention ◽  
Perfect Competition ◽  
Economic Order ◽  
Economic Power ◽  
Free Enterprise ◽  
The World ◽  
Object Of Study

OS OBJETIVOS DO DIREITO DA CONCORRÊNCIA EM FACE DA ORDEM ECONÔMICA NACIONAL THE OBJECTIVES OF COMPETITION LAW REGARDING NATIONAL ECONOMIC ORDER Luiz Carlos Buchain RESUMO: A Constituição Federal brasileira, ao adotar o princípio da livre iniciativa para a Ordem Econômica, também acatou a liberdade de empresa como fundamento destinado a estabelecer a ampla concorrência de mercado entre agentes econômicos. Entretanto, como demonstra a história econômica, a liberdade econômica traz em si a concentração de poder econômico nas mãos de determinadas empresas (ou grupo). Tal concentração de poder é considerada uma das falhas de mercado porque possibilita ao seu detentor adotar determinados comportamentos prejudiciais à concorrência, os quais não seriam factíveis na ausência desse poder. Por isso mesmo, a concentração e o poder econômico passaram a ser objeto de estudos jurídicos e econômicos baseados na premissa de que a preservação da livre concorrência é um pressuposto ao desenvolvimento da economia e garantia da livre iniciativa. O direito econômico reconhece que a livre iniciativa, isoladamente considerada, não garante a manutenção da liberdade econômica ou o modelo de competição perfeita no mundo fático, ou seja, os modelos econômicos estão sujeitos a falhas estruturais cuja correção justifica a intervenção do Estado na economia. Neste artigo, abordamos as diversas correntes que defendem ou condenam a intervenção do estado na economia e sua regulação, em variados graus. A intervenção do Estado na economia tornou-se objeto de estudo e matéria legislativa em todo o mundo, seja na ordem legislativa interna, seja na esfera do direito público internacional, donde se destaca a Organização Mundial do Comércio – OMC e a Organização para a Cooperação e Desenvolvimento Econômico – OCDE. PALAVRAS-CHAVE: Concorrência; Objetivos; Livre iniciativa; Regulação. ABSTRACT: The Brazilian Federal Constitution, once it adopted the principle of free enterprise for its economic order, also accepted the freedom to conduct a business as the basis for the establishment of the broader market competition among economic agents. However, as economic history shows, economic freedom brings with itself concentration of economic power in the hands of certain companies (or group of companies). Such a concentration of power is reputed a market failure derives because it enables such companies to adopt certain behaviors considered harmful to competition, which would not be feasible without such power. Therefore, concentration and economic power have become object of study of law and economics based on the premise that the preservation of free competition is an assumption for the economic development and guarantee of free enterprise. Economic law recognizes as a fact that free enterprise, taken in isolation, does not guarantee the sustenance of economic freedom or the model of perfect competition in the factual world; in other words, economic models are subject to structural failures whose correction justifies state intervention in economy. In this paper we discuss the various currents that advocate or condemn state intervention in the economy and its regulation, in varying degrees. State intervention in the economy has become the object of study and legislative matters in the world, whether in the internal legislative order or in the sphere of public international law, where stands the World Trade Organization – WTO and the Organization for Economic Co-operation and Development - OECD.KEYWORDS: Competition; Objectives; Free enterprise; Regulation. SUMÁRIO: Introdução. 1. O direito da concorrência e as políticas públicas. 1.1. Principais objetivos da política de concorrência. 1.2. Objetivos complementares da política de concorrência. 2. Interface entre política de concorrência e outras políticas públicas. 2.1. Possíveis conflitos entre múltiplos objetivos. 2.2. Instrumentos da política de concorrência. Considerações finais. Referências.

scholarly journals Budai reneszánsz kötéstáblából előkerült ősnyomtatvány-töredékek

2019 ◽  
Vol 135 (3) ◽  
pp. 331-345
Author(s):  
Judit Lauf
Keyword(s):  
Content Analysis ◽  
Close Contact ◽  
Point Of View ◽  
Desiderius Erasmus ◽  
16Th Century ◽  
Hungarian Language

The National Széchényi Library bought Desiderius Erasmus’ famous work, the Institutio principis Christiani printed in Basel in 1516 by Johann Froben at an auction organized by the Borda Antiquarian Bookshop in 1994. Erzsébet Muckenhaupt has demonstrated that this book was bound in leather in the same bookbinding workshop as two early 16th century Hungarian-language manuscripts, codices Lányi and Apor. The Erasmus volume was restored and fragments of prints were discovered in its binding in 2004. In the first part of the paper, I present the bibliographical data of the host book and of the six print fragments used as binder’s waste. In the second part of the study, I analyse the six works from the point of view of content and form. I try to find out whether the fragments are related somehow, from where the bookbinders acquired them, and whether the fact that the publishing of three of the prints used as binder’s waste was connected to the booksellers of Buda is more than mere accident. In answering these questions, I resort to the content analysis of the volumes which were bound at the same place as the Lányi Codex in order to find out more about the bookbinding workshop where the analysed fragments were used as binder’s waste. All these suggest that the group of volumes related to the Lányi Codex with regard to their binding were bound in a workshop operated by or in close contact with the booksellers of Buda.

scholarly journals The School Culture Heritage of the Reformation

2017 ◽  
Vol 7 (1) ◽  
pp. 116-121
Author(s):  
László Trencsényi
Keyword(s):  
Point Of View ◽  
16Th Century ◽  
Church Reform ◽  
College Culture ◽  
Educational Innovations ◽  
The Reformation ◽  
Culture Heritage ◽  
History Of ◽  
Contemporary Education ◽  
The Church

Abstract On the occasion of the 500th anniversary of the Reformation, this essay analyses those educational innovations in the history of central European education that were introduced by the Church reform in the 16th century, following these modernizations and their further developments through the spreading of the universal school systems in the late 18th and early 19th centuries. Drawing examples from the innovations in the college culture of the period, the author emphasises that those pedagogical values established in the 16th century are not only valid today, but are exemplary from the point of view of contemporary education. From these the author highlights: pupils’ autonomy (in the form of various communities), cooperation with the teachers and school management and the relative pluralism of values.

PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Public Administration ◽  
Private Property ◽  
Civil Law ◽  
Public Law ◽  
Point Of View ◽  
Management Decision ◽  
Public Property ◽  
Procedural Basis

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.

Getting Thwarted

2020 ◽  
pp. 145-180
Author(s):  
Adam Slez
Keyword(s):  
South Dakota ◽  
Public Interest ◽  
Private Property ◽  
Organizational Innovation ◽  
Market Access ◽  
Annual Reports ◽  
Economic Regulation ◽  
Legal Environment ◽  
Federal Level ◽  
Regulatory Failure

This chapter examines the failure of economic regulation in southern Dakota during the late 19th century. It begins by situating the creation of the Dakota Territory Board of Railroad Commissioners within the broader wave of organizational innovation that followed in the wake of the Granger movement. Created in a moment of legal flux when the power to regulate interstate trade was being pushed to the federal level, the Board was limited in what it could do. Further hampered by a legal environment in which private property was consistently favored over public interest, the Board was left to extract voluntary concessions from railroad officials who knew they held the upper hand. Drawing on annual reports provided by Dakota Territory Board of Railroad Commissioners and its South Dakota successor, this chapter describes the process of regulatory failure, focusing in particular on the fights surrounding rate setting and market access.

The African Atlantic islands in maritime history during the Ancien Régime

2018 ◽  
Vol 30 (4) ◽  
pp. 634-648 ◽  
Author(s):  
Juan Manuel Santana-Pérez
Keyword(s):  
Cape Verde ◽  
Point Of View ◽  
Maritime History ◽  
16Th Century ◽  
Middle Atlantic ◽  
Modern Age ◽  
Sao Tome And Principe ◽  
The World ◽  
World Economic ◽  
African Atlantic

This paper aims at describing and explaining certain common characteristics that have endured in the African Atlantic islands by virtue of the fact that these islands depend on centres of authority located at considerable distances away. Their location on linking routes to three continents led to the first globalization since the world economic shifts of the 16th century. The islands have sometimes been described metaphorically as a bridge, but we prefer to speak of maritime doors. These islands have been an entrance and exit for goods, people, culture, and ideas, opened or closed, depending on your point of view, through the modern age as European penetration spread. It includes the archipelagos of the Middle Atlantic, the cases of Madeira, the Canaries, Cape Verde, São Tomé, and Principe, and the Guinea Islands of Bioko, Corisco, and Annobon.

A two-step procedure to identify lexical elements of stance constructions in discourse from political blogs

Corpora ◽  
2019 ◽  
Vol 14 (3) ◽  
pp. 379-405 ◽  
Author(s):  
Vasiliki Simaki ◽  
Carita Paradis ◽  
Andreas Kerren
Keyword(s):  
Quantitative Analysis ◽  
Point Of View ◽  
Experimental Procedure ◽  
Political Blogs ◽  
Qualitative Approaches ◽  
Step Procedure ◽  
Category Type ◽  
Opposite Point

The Brexit Blog Corpus (bbc) is a collection of texts extracted from political blogs, which, in a recent study, was annotated according to a cognitive–functional stance framework by two independent annotators (Annotator A and B) using semantic criteria ( Simaki et al., 2017 ). The goal was to label the stance or stances taken based on the overall meaning of a set of utterances. The annotators were not instructed to identify the lexical forms that were used to express the stances. In this study, we make use of those stance-labelled utterances as a springboard to approach stance-taking in text from the opposite point of view, namely from how stance is realised through language. Our aim is to provide a description of the specific lexical elements used to express six stance categories (i.e., contrariety, hypotheticality, necessity, prediction, source of knowledge and uncertainty). To this end, we followed a two-step experimental procedure. First, we performed a quantitative analysis of the stance-labelled utterances in order to identify the lexical realisations of each stance category. Second, we carried out a meta-annotation of the data. Annotator B was instructed to single out the actual lexical forms of the constructions that triggered his semantic stance category decisions. This meta-annotation procedure made it possible for us to sift out the most salient lexical realisations of the constructions of each of the six category types on the basis of the qualitative assessments made by Annotator B. We then compared the results of the quantitative and the qualitative approaches, and we present a list of shared stance expressions for each stance category type.

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