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A third and final ground on which a resource may be left outside the threshold of property arises in cases of moral non-excludability. Here the term "moral" refers more relevantly to matters of public morality than of private morality. That is to say that the test of moral excludability is much more closely concerned with those social conventions or mores which promote integrative social existence than with any normative judgment about individual human conduct.
The notion of moral non-excludability derives from the fact that there are certain resources which are simply perceived to be so central or intrinsic to constructive human coexistence that it would be severely anti-social that these resources should be removed from the commons. To propertise resources of such social vitality is contra bons mores: the resources in question are nonexcludable because it is widely recognised that undesirable or intolerable consequences would flow from allowing any one person or group of persons to control access to the benefits which they confer. Following such appropriation, there would not, in Locke's well known phrase, be "enough, and as good left in common for others". Consequently the courts, by differentiating between excludable and non-excludable resources, engage constantly in a range of latent policy decisions which shape the contours of the property concept. In setting the moral limits of "property", the courts effectively recognise that there is some serial ranking of legally protected values and interests: claims of "property" may sometimes be overridden by the need to attain or further more highly rated social goals. As we shall see, it is no accident that the goals to which "property" defers often relate to fundamental human freedoms. It is in the definition of moral non-excludables that the law of property most closely approaches the law of human rights.
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Paleoanthropology : Paleoanthropology is the scientific study of human evolution. Paleoanthropology is a subfield of anthropology, the study of human culture, society, and biology.
Problem 1: In the year 2000 an estimated 815 000 people died from suicide around the world. This shows an annual global rate of 14.5 per 100 000 population. Explain, in detail
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Applicability- This standard may be used by Federal departments and agencies when the following conditions apply: 1. A certified official or manager liable for data secur
You have volunteered to work in the Peace Corps in order to use your skills to benefit others. The country you have been assigned has just ended a 5 year civil war. You show up at
Question 1: A joiner has received an electric shock from a portable electric, 230 V drill while fitting decorative ceiling board to the lounge of a Guest House. The drill is fi
Question 1 Write a long note on the Golden Era of Indian Cinema, taking into account the various filmmakers during this era Question 2 Write a long note on the National Film
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