3.2: The Right to Private Property Flashcards
What is the right of private property in capitalism?
The right of private property allows individuals and businesses to own property (such as land and buildings) and use it as they see fit.
It is fundamental to the capitalist system and allows for the accumulation of capital and wealth without restriction from the government.
What are the rationales for the right to private property?
Pride taken in ownership leads to better care of property.
Private ownership gives individuals a sense of security and satisfaction from participating in society.
It develops respect for others’ property.
However, some resources like rainforests and oceans are argued to be global commons, where property rights should not apply.
What is eminent domain, and how does it relate to the right of private property?
Eminent domain refers to the government’s power to expropriate private property for public use, with compensation provided.
This is one of the ways the right of private property can be limited by government action.
What is intellectual property, and why is it important in modern economies?
Intellectual property refers to creations of the mind, such as patents, copyrights, trademarks, and industrial designs.
It is becoming increasingly important in the knowledge economy, as it protects these intangible assets.
What are the ethical implications of the right to private property?
While private property allows wealth accumulation, it can also result in unequal wealth distribution.
Governments can redistribute wealth through taxation and other controls like eminent domain.
The balance between private ownership and public good often raises ethical questions.
What are Indigenous peoples’ property rights according to the United Nations Declaration?
Indigenous peoples have the right to self-determination, which includes the right to own, use, develop, and control their own lands.
These rights are supported by concepts like Aboriginal title in Canada.
What is Aboriginal title in Canada?
Aboriginal title refers to the inherent rights of Indigenous peoples to their lands, which arise from their continued use and occupation of those lands.
These rights are protected under Section 35 of the Constitution Act (1982).
What is the significance of the Calder (1973) decision regarding Indigenous land rights?
The Calder decision by the Supreme Court of Canada affirmed that First Nations are the rightful titleholders to their traditional territories.
This case set a legal precedent for Indigenous land rights in Canada.
What types of land claims are Indigenous peoples still advocating for in Canada?
Indigenous nations are advocating for the resolution of:
Comprehensive Claims (modern treaties)
Specific Claims (grievance resolution processes)
Additions to Reserve Claims (converting Crown lands to reserve status).
