The Global Debate Over Constitutional Property
Lessons for American Takings Jurisprudence
By (author) Gregory S. Alexander
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Global Debate Over Constitutional Property by Gregory S. Alexander
Book DescriptionCountries 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 S. 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.
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Book DetailsISBN: 9780226012988
(222mm x 174mm x 24mm)
Imprint: University of Chicago Press
Publisher: The University of Chicago Press
Publish Date: 1-Aug-2006
Country of Publication: United States
Books By Author Gregory S. Alexander
Introduction to Property Theory, Hardback (April 2012)
An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.
Commodity and Propriety, Paperback (June 1999)
A history of the meaning of property, this text aims to uncover in American legal writing a competing vision of property which has existed alongside the traditional conception. It argues that property has also been understood as propriety, a method for creating and maintaining an organized society.
Fourth Way?, Paperback (February 1994)» View all books by Gregory S. Alexander
This collection on the privatization of property ownership seeks to explore the middle ground between state socialism and corporate capitalism. It examines the transition to market economies in post-Communist Eastern Europe and considers Western experiences with alternative forms of ownership.
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Author Biography - Gregory S. Alexander
Gregory S. Alexander is the A. Robert Noll Professor of Law at Cornell Law School. He is the author or coauthor of several books, including Commodity and Propriety: The Competing Visions of Property in American Legal Thought, also published by the University of Chicago Press.
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