Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property. A society's traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries - particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.
But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception.
Gregory S. Alexander, Eduardo M. Peñalver ... in Publication data Alexander, Gregory S., 1948– An Introduction to Property Theory / Gregory S. Alexander, Eduardo M. Peñalver. pages cm. ... I. Peñalver, Eduardo Moisés, 1973– II.
Through a selection of essential documents from 1787 and 1788, this book gives readers the flavor and immediacy of the great debate in all its political intensity.
An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other...
Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
This highly respected and widely used casebook continues to offer a dynamic and distinctive introduction To The law of property. Carefully preserving the excellent foundation created by original authors the...
ʼ M. J. Radin, ʻThe Colin Ruagh Thomas OʼFallon Memorial Lecture on Reconsidering Personhoodʼ (1995) 74 Oregon Law Review 423, 429–30. 114 Radin, ʻThe Colin Ruagh Thomas OʼFallon Memorial Lectureʼ (n 113), 426.
Without always flatly declaring property rights in man absolute in national law, the southerners' objections took a large step in that direction, and John Quincy Adams answered the claims head-on in a rejoinder to Breckinridge.
The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical ...