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| Author | : Gregory S. Alexander |
| Publisher | : University of Chicago Press |
| Total Pages | : 335 |
| Release | : 2006-07-15 |
| Genre | : Law |
| ISBN | : 0226012980 |
Download The Global Debate Over Constitutional Property Book in PDF, ePub and Kindle
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.
| Author | : Gregory S. Alexander |
| Publisher | : University of Chicago Press |
| Total Pages | : 496 |
| Release | : 2008-04-15 |
| Genre | : Law |
| ISBN | : 0226013529 |
Download Commodity & Propriety Book in PDF, ePub and Kindle
Most people understand property as something that is owned, a means of creating individual wealth. 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. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
| Author | : Gregory S. Alexander |
| Publisher | : ReadHowYouWant.com |
| Total Pages | : 654 |
| Release | : 2011-07-29 |
| Genre | : Law |
| ISBN | : 1459624548 |
Download The Global Debate Over Constitutional Property Book in PDF, ePub and Kindle
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 nec...
| Author | : Hanoch Dagan |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
Download The Social Responsibility of Ownership Book in PDF, ePub and Kindle
Gregory Alexander's new book The Global Debate over Constitutional Property provides a unique opportunity to reflect upon the functions of comparative law and the nature of ownership. This Comment highlights the role of comparative law in upsetting law's tendency to turn contingency into necessity, but also warns against the illusion that comparative law can yield normative conclusions without an independent and critically constructive legal inquiry. The Comment offers such an inquiry in order to substantiate Alexander's call to adopt the German constitutional model of incorporating social responsibility into the concept of property. It studies the reasons as well as the potential risks entailed by such a move, and outlines the contours of a takings doctrine that takes the social responsibility of property owners seriously.
| Author | : David Schneiderman |
| Publisher | : |
| Total Pages | : 25 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
Download Constitutional Property Rights and Elision of the Transnational Book in PDF, ePub and Kindle
Neoliberal thought has for some time been shaping policy outcomes in many parts of the world. According to the neo-liberal frame, the economy functions as an internal limit on government. If neoliberalism has had some success in framing democratic discourse, then there should be evidence, both inside and outside of states, of neoliberal values being channeled by constitutionally relevant actors and institutions. Scholars of comparative constitutional law mostly are disinterested in inquiries of this sort. The paper takes up, as evidence, recent work in comparative property rights. The value of Michel Foucault's 1979 lectures at the Collége de France bring neoliberalism is that they relocate neoliberalism into the centre of discussion. They portend new transnational regimes to complement national ones, like that of international investment law, and the development of new subjectivities beyond the national frame, one that conjoins the liberal rights holder with the bearer of economic interests. Comparative property theorists, by contrast, rely on forms of juridical right disassociated from the global economic context. They oddly fail to account for a critical part of what provide the context for contemporary debates over global property rights.
| Author | : Gregory S. Alexander |
| Publisher | : Cambridge University Press |
| Total Pages | : 247 |
| Release | : 2012-04-09 |
| Genre | : Law |
| ISBN | : 1107375371 |
Download An Introduction to Property Theory Book in PDF, ePub and Kindle
This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
| Author | : Amnon Lehavi |
| Publisher | : Cambridge University Press |
| Total Pages | : 301 |
| Release | : 2019-01-17 |
| Genre | : Law |
| ISBN | : 1108587372 |
Download Property Law in a Globalizing World Book in PDF, ePub and Kindle
Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.
| Author | : David Schneiderman |
| Publisher | : University of Toronto Press |
| Total Pages | : 328 |
| Release | : 2015-10-06 |
| Genre | : Political Science |
| ISBN | : 1442629509 |
Download Red, White, and Kind of Blue? Book in PDF, ePub and Kindle
Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper’s Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 641 |
| Release | : 2024-06-26 |
| Genre | : Law |
| ISBN | : 0192691031 |
Download Global Canons in an Age of Contestation Book in PDF, ePub and Kindle
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.
| Author | : Rachael Walsh |
| Publisher | : Cambridge University Press |
| Total Pages | : 321 |
| Release | : 2021-06-10 |
| Genre | : Law |
| ISBN | : 110842693X |
Download Property Rights and Social Justice Book in PDF, ePub and Kindle
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
