Private Property And The Constitution

Author : Bruce Ackerman
Publisher : Yale University Press
Page : 315 pages
File Size : 45,5 Mb
Release : 2008-10-01
Category : Law
ISBN : 9780300158069

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Private Property and the Constitution by Bruce Ackerman Pdf

The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types--Scientific Policymaking and Ordinary Observing--and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice--relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.

Author : Jennifer Nedelsky
Publisher : University of Chicago Press
Page : 358 pages
File Size : 40,8 Mb
Release : 1994-06-15
Category : Law
ISBN : 9780226569710

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Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky Pdf

Federalists vision of the Constitution; an interdisciplinary investigation.

Author : Bruce A. Ackerman
Publisher : Unknown
Page : 313 pages
File Size : 42,6 Mb
Release : 1977
Category : Electronic
ISBN : 0835787524

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Private Property and the Constitution by Bruce A. Ackerman Pdf

Author : James Huffman
Publisher : Springer
Page : 220 pages
File Size : 43,8 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781137376732

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Private Property and the Constitution by James Huffman Pdf

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Author : Itai Sened
Publisher : Cambridge University Press
Page : 230 pages
File Size : 55,5 Mb
Release : 1997-07-24
Category : Law
ISBN : 0521572479

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The Political Institution of Private Property by Itai Sened Pdf

In this book, Itai Sened examines the political institution of property and other individual rights. His argument is that the foundation of such rights is to be found in the political and economic institutions which grant and enforce them and not in any set of moral principles or 'nature'. The book further argues that individual rights are instituted through a political process, and not by any hidden market forces. The origin of rights is placed in a social contract that evolves as a political process in which governments grant and protect property and other individual rights to constituents, in return for economic and political support. Extending neo-institutional theory to the subject, and using a positive game theoretic approach in its analysis, this book is an original contribution to scholarship on the evolution of rights.

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 377 pages
File Size : 50,7 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674036550

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Takings by Richard A. Epstein Pdf

If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Author : James Huffman
Publisher : Springer
Page : 220 pages
File Size : 52,5 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781137376732

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Private Property and the Constitution by James Huffman Pdf

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Author : Richard A. Epstein
Publisher : Routledge
Page : 430 pages
File Size : 47,8 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 : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 55,5 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Richard Schlatter
Publisher : New Brunswick, N.J. : Rutgers University Press
Page : 294 pages
File Size : 50,5 Mb
Release : 1951
Category : Property
ISBN : STANFORD:36105007494565

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Private Property by Richard Schlatter Pdf

Author : Terry L. Anderson,Fred S. McChesney
Publisher : Princeton University Press
Page : 412 pages
File Size : 45,7 Mb
Release : 2003
Category : Law
ISBN : 0691099987

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Property Rights by Terry L. Anderson,Fred S. McChesney Pdf

In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).

Author : Ugo Mattei,Alessandra Quarta
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 45,7 Mb
Release : 2018-10-26
Category : LAW
ISBN : 9781786435187

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The Turning Point in Private Law by Ugo Mattei,Alessandra Quarta Pdf

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Author : Jan Laitos
Publisher : Aspen Publishers Online
Page : 1317 pages
File Size : 40,7 Mb
Release : 1998
Category : Law
ISBN : 9780735501522

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Law of Property Rights Protection by Jan Laitos Pdf

The on-going battle between government's desire to regulate private property use and property owners' equally powerful desire to avoid economically damaging or unreasonable limitations on their property is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation at every level of government has stemmed from questions surrounding the timing and amount of government compensation to an owner of regulated property. The relevant law has undergone a complete transformation over the past decade, so count on the Law of Property Rights Protection to bring you completely up to date. Organized according to the major elements of a property rights case, the book: Analyzes the case law and identifies which challenges were successful, what fact patterns proved compelling, and what tactics have failed. Offers advice on how best to handle common situations Covers the full range of property, drawing on recent cases involving contract rights, lease hold rights, an unpatented mining claim, the possibility of reverter, the right of entry, the use of water power, and the right to exclude members of the public from a shopping center. Using Laitos' strategic approach will help you formulate your own arguments and handle taking cases with confidence.

Author : Janet McLean
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 43,7 Mb
Release : 1999-07-01
Category : Law
ISBN : 9781847313072

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Property and the Constitution by Janet McLean Pdf

In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.

Author : Richard A. Epstein
Publisher : Oxford University Press
Page : 208 pages
File Size : 44,8 Mb
Release : 2008-03-12
Category : Law
ISBN : 9780190293949

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Supreme Neglect by Richard A. Epstein Pdf

As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.