A couple of years ago we proposed the idea of a general data download tax to fund an alternative compensation scheme. Under this tax people would pay a charge for each, say, gigabyte of data they would download. Though the concept itself is rather simple, it becomes complicated if one needs to take into account businesses, libraries and internet cafés. Continue reading On downloading
Category Archives: legal issues
Everyman’s right
Earlier we developed the theory of public property as a special case of co-ownership. Property includes the rights of usus, fructus and abusus. This piece will discuss the nature of the everyman’s right or the freedom to roam within the theory of land as common property. Continue reading Everyman’s right
Hearsay
Earlier we advocated the abolition of compulsory testimonies by witnesses, because (eye) witness statements are too often unreliable. A particular type of testimony is hearsay (testimonium de auditu), which we will explain with an example: Continue reading Hearsay
Public property and government
This is the third and final installment of our series on public property. In order to understand this discussion, one should have read the previous installments:
On co-ownership and public property
Property, possession and holding Continue reading Public property and government
On the criminal prosecution of the government
Individuals, or natural persons in legal jargon, can commit crimes and hence can be prosecuted for crimes. Similarly many jurisdictions provide for the criminal prosecution of juristic persons, popularly known as “corporations”. The question might rise should the criminal prosecution of the government be possible? Continue reading On the criminal prosecution of the government
Legal puzzle
Suppose that Alice owns a home with more rooms then she need for herself. Therefore she offers one room to Bob, on condition he performs 12 hours of housework a week. He agrees.
How would you classify this contract?
- a rental contract with rent paid in kind, or
- an employment contract with wage paid in kind.
Please leave your answer with arguments as a comment.
Testimony
In the past criminal procedure relied upon confessions and witness statements. However with the progress of forensic science the need of such evidence has been declined. And even more important psychology learns us that human memory is anything but reliable. Continue reading Testimony
Property, possession and holding
Earlier we discussed co-ownership and the theory of public property as a special case of co-ownership. Here we will have a closer look on the related concepts of property, possession and holding. These will help us to better understand the relationship between government and citizens regarding Mordan land law. Continue reading Property, possession and holding
On co-ownership and public property
Co-ownership
Ownership is the most complete right one can have in relation to a specific object, which means that the owner can do whatever with his or her property as he or she sees fit. The owner may use, sell, give away or destroy his or her property – provided that this does not violate the rights of others. Continue reading On co-ownership and public property
Constitutional rights
With a few exceptions most modern constitutions do include a list of basic rights assigned to every person. Here we want to discuss the purpose of constitutional rights. Continue reading Constitutional rights
