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This booklet, the results of forty years of Hegel examine, offers an indispensable interpretation of G.W.F. Hegel's mature useful philosophy as contained in his textbook, Grundlinien der Philosophie des Rechts, released in 1820, and the classes he gave at the similar topic among 1817 and 1830.
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Extra info for Modern Freedom: Hegel's Legal, Moral, and Political Philosophy (Studies in German Idealism)
Sample text
Pye (Oxford) Ltd v. The United Kingdom, application no. 44302/02). The legal measure taken has to be reasonable and proportional having regard to the goal aimed for: there has to be a ‘fair balance’ between the public interest on the one side and the protection of individual property rights on the other side (Van der Pot, Elzinga and de Lange, 2006, pp. 440–443). The protection offered by article 1 against expropriation by a state is a minimum standard. The states are free to offer additional protection.
A right of servitude can only be created in respect to land. Instead of the holders themselves, it should be one of the pieces of land that benefits and one of the pieces of land that is burdened by the existence of the right of servitude. The pieces of land must therefore, generally, be in vicinity to each other (Borkowski 1997, 170). e. dependent on two pieces of land, but which are personal. A personal servitude is a right that burdens a piece of land, but, different from a right of real servitude, benefits any specified person.
Finally, there is the principle of accessority. This concept is more controversial as a principle and has been classified as a technical rule before (Van Erp 2006a, 14–17). Accessority explains dependence between two elements in the law of property. Traditionally this concerns the intricate relation between a property security right and the claim the performance of which is being secured by such right. However, accessority is also used, especially in the Romanic legal tradition, to describe the relationship between the object of a property right and the property right itself.
