Right & law

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Stewardship. Stewardship is an ethic that embodies the responsible planning and management of resources.

Stewardship

The concepts of stewardship can be applied to the environment,[1][2] economics,[3][4] health,[5] property,[6] information ,[7] theology,[8] etc. History of the term[edit] See also the definition in international standard ISO 20121 - Event sustainability management system - Requirements with guidance for use; par. 3.20: "responsibility for sustainable development shared by all those whose actions affect environmental performance. economic activity, and social progress, reflected as both a value and a practice by individuals, organisations. communities, and competent authorities.

" See also[edit] References[edit] Jump up ^ Chapin, F. External links[edit] Trust law. The trustee may be either an individual, a company, or a public body.

Trust law

There may be a single trustee or multiple co-trustees. The trust is governed by the terms under which it was created. In most jurisdictions, this requires a contractual trust agreement or deed. History[edit] The Lord Chancellor would consider it "unconscionable" that the legal owner could go back on his word and deny the claims of the Crusader (the "true" owner). Significance[edit] Although trusts are often associated with intrafamily wealth transfers, they have become very important in American capital markets, particularly through pension funds (essentially always trusts) and mutual funds (often trusts).[2] Basic principles[edit] Overview[edit] In a relevant sense, a trust can be viewed as a generic form of a corporation where the settlors (investors) are also the beneficiaries.

Terms[edit] Chart of a trust Appointer: This is the person who can appoint a new trustee or remove an existing one. Creation[edit] Formalities[edit] Rule of law. The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government officials.[2] The phrase can be traced back to the 16th century, and it was popularized in the 19th century by British jurist A.

Rule of law

V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern".[3] Rule of law implies that every citizen is subject to the law, including law makers themselves. It stands in contrast to the idea that the ruler is above the law, for example by divine right. Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion"[4] giving rise to a "rampant divergence of understandings ... everyone is for it but have contrasting convictions about what it is.

" History[edit] Although credit for popularizing the expression "the rule of law" in modern times is usually given to A. Accountability. In governance, accountability has expanded beyond the basic definition of "being called to account for one's actions".[3][4] It is frequently described as an account-giving relationship between individuals, e.g. "A is accountable to B when A is obliged to inform B about A’s (past or future) actions and decisions, to justify them, and to suffer punishment in the case of eventual misconduct".[5] Accountability cannot exist without proper accounting practices; in other words, an absence of accounting means an absence of accountability.

History and etymology[edit] Types[edit] Bruce Stone, O.P. Dwivedi, and Joseph G. Political[edit] Political accountability is the accountability of the government, civil servants and politicians to the public and to legislative bodies such as a congress or a parliament. Recall elections can be used to revoke the office of an elected official. Ethical[edit] Administrative[edit] Individuals within organizations[edit] Constituency relations[edit] See also[edit] [edit] Environmental justice. The term environmental justice emerged as a concept in the United States in the early 1980s.

Environmental justice

The term has two distinct uses. The first and more common usage describes a social movement in the United States whose focus is on the fair distribution of environmental benefits and burdens. Second, it is an interdisciplinary body of social science literature that includes (but is not limited to) theories of the environment, theories of justice, environmental law and governance, environmental policy and planning, development, sustainability, and political ecology.[1][2] The United States Environmental Protection Agency defines environmental justice as "the fair treatment and meaningful involvement of all people regardless of race, color, sex, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations, and policies.

Definition[edit] The United States Environmental Protection Agency defines environmental justice as follows: Equal opportunity. Thinkers often use the metaphor of a race to describe equality of opportunity.

Equal opportunity

Photo: a sprinter at the starting block. Differing political viewpoints[edit] People with differing political viewpoints often see the concept differently.[12] The meaning of equal opportunity is debated in fields such as political philosophy, sociology and psychology. It is being applied to increasingly wider areas beyond employment[9][13] including lending,[14] housing, college admissions, voting rights, and elsewhere.[1] In the classical sense, equality of opportunity is closely aligned with the concept of equality before the law and ideas of meritocracy.[15] The coming President of France is the grandson of a shoemaker. Theory of equal opportunity[edit] Outlines of the concept[edit] In a factory setting, equality of opportunity is often seen as a procedural fairness along the lines of "if you assemble twice as many lamps, you'll be paid double". Basic model[edit] People[who?]

Different types[edit] Open call. Property. Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with regard to the property be clearly defined and unconditional,[citation needed] so as to distinguish ownership and easement from rent. The parties might expect their wills to be unanimous, or alternately every given one of them, when no opportunity for or possibility of dispute with any other of them exists, may expect his, her, its or their own will to be sufficient and absolute. The Restatement (First) of Property defines Property as any thing, tangible or intangible whereby a legal relationship between persons and the State enforces a possessory interest or legal title in that thing. This mediating relationship between individual, property and state is called as property regimes.[4] Overview[edit] Types of property[edit]

Enclosure. Decaying hedges mark the lines of the straight field boundaries created by the 1768 Parliamentary Act of Enclosure of Boldron Moor, County Durham.

Enclosure

In English social and economic history, enclosure or inclosure[1] is the process which ends traditional rights such as mowing meadows for hay, or grazing livestock on common land formerly held in the open field system. Once enclosed, these uses of the land become restricted to the owner, and it ceases to be land for commons. In England and Wales the term is also used for the process that ended the ancient system of arable farming in open fields.

Under enclosure, such land is fenced (enclosed) and deeded or entitled to one or more owners. The process of enclosure began to be a widespread feature of the English agricultural landscape during the 16th century. Enclosure could be accomplished by buying the ground rights and all common rights to accomplish exclusive rights of use, which increased the value of the land. W. Early History[edit] Intellectual property. Intellectual property (IP) rights are the legally recognized exclusive rights to creations of the mind.[1] Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. Although many of the legal principles governing intellectual property rights have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.[2] The British Statute of Anne (1710) and the Statute of Monopolies (1624) are now seen as the origins of copyright and patent law respectively.[3] History[edit] Types[edit] Patents[edit] Copyright[edit] Morality[edit] Property rights (economics) Property rights are theoretical constructs in economics for determining how a resource is used and owned.

Property rights (economics)

Resources can be owned (the subject of property) by individuals, associations or governments.[1] Property rights can be viewed as an attribute of an economic good. This attribute has four broad components[2] and is often referred to as a bundle of rights:[3] the right to use the goodthe right to earn income from the goodthe right to transfer the good to othersthe right to enforcement of property rights.

In economics, property usually refers to ownership (rights to the proceeds of output generated) and control over a resource or good. Property rights to a good must be defined, their use must be monitored, and possession of rights must be enforced. Open access propertyState propertyCommon propertyPrivate property State property (also known as public property) is property that is owned by all, but its access and use is controlled by the state. Jump up ^ Alchian, Armen A. (2008). Traditional knowledge. Traditional knowledge (TK), indigenous knowledge (IK), traditional ecological knowledge (TEK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities.

Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, celestial navigation, ethnoastronomy,the climate etc. These kinds of knowledge are crucial for the subsistence and survival and are generally based on accumulations of empirical observation and interaction with the environment. In many cases, traditional knowledge has been orally passed for generations from person to person. Some forms of traditional knowledge are expressed through stories, legends, folklore, rituals, songs, and even laws. Other forms of traditional knowledge are expressed through different means.[1] Characteristics[edit] Property rights[edit] Indigenous rights. Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples.

This includes not only the most basic human rights of physical survival and integrity, but also the preservation of their land, language, religion, and other elements of cultural heritage that are a part of their existence as a people. This can be used as an expression for advocacy of social organizations or form a part of the national law in establishing the relation between a government and the right of self-determination among the indigenous people living within its borders, or in international law as a protection against violation by actions of governments or groups of private interests. Definition and historical background[edit] The issue of indigenous rights is also associated with other levels of human struggle. Representation[edit] International organizations[edit] United Nations[edit] ILO 169[edit] ILO 169 is a convention of the International Labour Organisation. Indigenous land rights. Indigenous land rights are the rights of indigenous peoples to land, either individually or collectively.

Land and resource-related rights are of fundamental importance to indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors.[1] Land is a major economic asset. The majority of indigenous peoples living in forest areas depend on the natural resources of their lands to fulfill their subsistence needs.

Hunting, fishing, gathering of forest products, and small garden plots still form the basis of their household economy. The security and permanence of their control and use of the natural resource base is actually more important to most indigenous groups than direct ownership of the land itself. Indigenous land claims have been addressed, with varying degrees of success on the national and international level, since colonization.

International law[edit] Common law[edit] Australia[edit] Canada[edit] Portal:Human rights. Natural and legal rights. The theory of natural law is closely related to the theory of natural rights. During the Age of Enlightenment, natural law theory challenged the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government — and thus legal rights — in the form of classical republicanism. [dubious ][original research?] [clarification needed] Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.[1][2] The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights.[3] Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss.

History[edit] Ancient[edit] Modern[edit] Social rights. Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to adequate standard of living, right to health and the right to science and culture.

Social rights

Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment. The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. International and regional human rights instruments[edit] Economic, social and cultural rights are recognized and protected in a number of international and regional human rights instruments.[1] Secondary legal sources[edit] Social safety net. Welfare. Social justice.