Liberty Property And The Law

Author : Richard A. Epstein
Publisher : Routledge
Page : 454 pages
File Size : 45,8 Mb
Release : 2013-10-15
Category : Law
ISBN : 9781135699376

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Modern Understandings of Liberty and Property by Richard A. Epstein Pdf

First Published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is broad as law itself. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. This is Volume II of five and concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.

Author : Richard A. Epstein
Publisher : Routledge
Page : 410 pages
File Size : 50,6 Mb
Release : 2013-10-08
Category : Law
ISBN : 9781136765599

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Private and Common Property by Richard A. Epstein Pdf

First published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is as broad as law itself. Lawyers must have recourse to the grand principles of economic and social thought, but tempered with an awareness of how the novel circumstances of an individual case can call into question some of the elements of the grandest of theories. In this volume, therefore, the emphasis is as much on the points that separate different forms of property as it is on the conceptual theme that links all forms of property rights together.

Author : Timothy Sandefur
Publisher : Cato Institute
Page : 170 pages
File Size : 51,5 Mb
Release : 2006-10-25
Category : Law
ISBN : 9781933995328

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Cornerstone of Liberty by Timothy Sandefur Pdf

The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

Author : Richard A. Epstein
Publisher : Routledge
Page : 420 pages
File Size : 51,9 Mb
Release : 2019-05-15
Category : Law
ISBN : 9781135699093

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Classical Foundations of Liberty and Property by Richard A. Epstein Pdf

The materials in this collection are drawn from many disciplines, including economics,law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: "Liberty, Property and the Law." Stated in this general form, this topic is as broad as law itself. The relationship of liberty andproperty to the law surfaces whenever and wherever people interact with each otherunder the command and control of the sovereign. Those who hold sovereign power may choose to protect liberty and property or to undermine it. But the regrettably high frequency of political abuse throughout the world does not justify the exercise ofarbitrary legal power; nor does it limit human aspirations for a sound legal and socialorder to block political excesses. First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 50,7 Mb
Release : 19??
Category : Electronic
ISBN : OCLC:1270398346

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Liberty, Property, and the Law by Anonim Pdf

Author : Richard Epstein
Publisher : Taylor & Francis US
Page : 438 pages
File Size : 49,9 Mb
Release : 2000
Category : Law
ISBN : 0815335555

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Classical Foundations of Liberty and Property by Richard Epstein Pdf

The wide collection of disciplines and periods represented in this five-volume set make it an ideal companion for courses in intellectual and legal history, political history, economic history, and common and constitutional law. The essays involved offer insightful understanding into the evolution of liberty and property in ways that are accessible to students without a strong technical background in economics, philosophy, or law. They contain probing evaluations of the central problems of legal and political thought that should prove of value to advanced students and specialists in these fields. Volumes also available individually. Volume 1. Classical Foundations of Liberty and Property (0-8153-3555-5) Volume 2. Modern Understanding of Liberty and Property (0-8153-3556-3) Volume 3. Private and Common Property (0-8153-3557-1) Volume 4. Contract-Freedom and Restraint (0-8153-3558-X) Volume 5. Constitutional Protection of Private Property and Freedom of Contract (0-8153-3559-8)

Author : Hugh Breakey
Publisher : Routledge
Page : 186 pages
File Size : 41,8 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317115052

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Intellectual Liberty by Hugh Breakey Pdf

Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ’user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.

Author : Richard A. Epstein
Publisher : Routledge
Page : 430 pages
File Size : 40,5 Mb
Release : 2013-10-15
Category : Law
ISBN : 9781135699932

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Constitutional Protection of Private Property and Freedom of Contract by Richard A. Epstein Pdf

First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.

Author : Richard A. Epstein
Publisher : Routledge
Page : 424 pages
File Size : 44,8 Mb
Release : 2013-10-15
Category : Law
ISBN : 9781135699581

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Contract - Freedom and Restraint by Richard A. Epstein Pdf

First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 247 pages
File Size : 51,9 Mb
Release : 2011-11-15
Category : Law
ISBN : 9780674063051

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Design for Liberty by Richard A. Epstein Pdf

Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Author : Frédéric Bastiat
Publisher : Laissez Faire Books
Page : 47 pages
File Size : 40,5 Mb
Release : 1987
Category : Jurisprudence
ISBN : 9780983541493

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The Law by Frédéric Bastiat Pdf

Author : Elizabeth Mensch,Alan Freeman
Publisher : Dartmouth Publishing Company
Page : 0 pages
File Size : 50,6 Mb
Release : 1992
Category : Law
ISBN : 1855212080

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Property Law by Elizabeth Mensch,Alan Freeman Pdf

Part of the International Library of Essays in Law and Legal Theory series, this text brings together international perspectives on property law. Amongst the areas covered are property and liberty, property and social justice, property and politics, women and property and intellectual property.

Author : Ellen Frankel Paul,Howard Dickman
Publisher : SUNY Press
Page : 356 pages
File Size : 43,9 Mb
Release : 1990-07-05
Category : Law
ISBN : 0791403041

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Liberty, Property, and the Future of Constitutional Development by Ellen Frankel Paul,Howard Dickman Pdf

This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930’s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the “double standard.” The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 247 pages
File Size : 43,9 Mb
Release : 2011-11-15
Category : Law
ISBN : 9780674263321

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Design for Liberty by Richard A. Epstein Pdf

Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.

Author : Lysander Spooner
Publisher : Unknown
Page : 200 pages
File Size : 41,9 Mb
Release : 1855
Category : Copyright
ISBN : WISC:89073061616

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The Law of Intellectual Property by Lysander Spooner Pdf