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| Author | : Richard A. Epstein |
| Publisher | : Routledge |
| Total Pages | : 404 |
| Release | : 2013-10-08 |
| Genre | : Law |
| ISBN | : 1136765603 |
First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.
| Author | : Timothy Sandefur |
| Publisher | : Cato Institute |
| Total Pages | : 170 |
| Release | : 2006-10-25 |
| Genre | : Law |
| ISBN | : 1933995327 |
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 Allen Epstein |
| Publisher | : Routledge |
| Total Pages | : 2032 |
| Release | : 2000-05-03 |
| Genre | : Law |
| ISBN | : 9780815335436 |
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 | : Richard A. Epstein |
| Publisher | : Routledge |
| Total Pages | : 454 |
| Release | : 2013-10-15 |
| Genre | : Law |
| ISBN | : 1135699372 |
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 | : Harvard University Press |
| Total Pages | : 247 |
| Release | : 2011-11-15 |
| Genre | : Law |
| ISBN | : 0674063058 |
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 | : Richard A. Epstein |
| Publisher | : Routledge |
| Total Pages | : 420 |
| Release | : 2019-05-15 |
| Genre | : Law |
| ISBN | : 1135699097 |
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 | : Richard A. Epstein |
| Publisher | : Routledge |
| Total Pages | : 430 |
| Release | : 2013-10-15 |
| Genre | : Law |
| ISBN | : 1135699933 |
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 | : Ellen Frankel Paul |
| Publisher | : SUNY Press |
| Total Pages | : 210 |
| Release | : 1989-01-01 |
| Genre | : Political Science |
| ISBN | : 9780887069147 |
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 19?? |
| Genre | : |
| ISBN | : |
| Author | : Ellen Frankel Paul |
| Publisher | : SUNY Press |
| Total Pages | : 200 |
| Release | : 1989-01-01 |
| Genre | : Political Science |
| ISBN | : 9780887069154 |
Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
