The global debate over constitutional property : lessons for American takings jurisprudence /
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| Author / Creator: | Alexander, Gregory S., 1948- |
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| Imprint: | Chicago : University of Chicago Press, 2006. |
| Description: | xiv, 320 p. ; 24 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| Local Note: | University of Chicago Library's copy 2 has original dustjacket. |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/5923411 |
| Summary: | 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.<br> <br> 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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| Physical Description: | xiv, 320 p. ; 24 cm. |
| Bibliography: | Includes bibliographical references (p. [249]-312) and index. |
| ISBN: | 0226012980 9780226012988 |
