Property, Power, and American DemocracyTransaction Publishers, 1992. 1. 1. - 223페이지 One legacy of the Reagan and post-Reagan years has been a questioning by both liberals and conservatives of recent eminent domain and property rights decisions by the Supreme Court. This timely volume examines the changing political and constitutional status of these concepts, Schultz argues that we need to rethink the nature of property rights by asking what purpose they serve in American society and whether they deserve special legal and judicial protection against legislative interference. "Property, Power, and American Democracy "is founded on a searching reexamination of the role of property in early and contemporary American legal and political thought. From this perspective, Schultz shows that the meaning of property is currently in flux as a result of a failure to sustain those values that property was originally supposed to protect in our society: individual liberty, limited government, and minority rights. In keeping with the moral and political values associated with property in the writings of John Locke, James Harrington, and other classical theorists, the author contends that property should not be viewed merely as a thing we possess or an entity we may dispose of at will. Instead it is to be seen as an important social relationship to which the law gives special protection thereby furthering a sense of autonomy, self-identity, and community. This volume demonstrates that once we view property in this light, we can then ask which relations or values are so important in our society that they deserve to be called property. Drawing upon both liberal and conservative points of view, "Property, Power, and American Democracy "is a powerful argument for the reinvigoration of property rights. It will be of special interest to political scientists, urban planners, and specialists hi American constitutional history and political thought. |
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... individuals who commented on these papers I would like to thank Stephen Gottlieb , Donald Tannenbaum , Kent Rismiller , Susan Behuniak - Long , Robert Heineman , and a host of other colleagues at these conferences . I would also like to ...
... individual liberty in American society . Three trends occasion the asking of these questions . First , though throughout American history legislatures have used the law to promote social - economic ends , since the New Deal the scope of ...
... individual liberty and as limits upon police and eminent domain power and upon legislative redistributions of wealth and income.3 On the other hand , left - liberal writers ( in some cases following up on Marx's criticism of property ) ...
David Andrew Schultz. appear to sanction increased legislative power over individuals and have rendered property rights , once traditionally thought of as an individual protection against the state , as mercurial limits upon political ...
... individual liberty in Ameri- can society . The analysis of eminent domain and property rights , though important in its own right , illuminates normative political questions about individual autonomy and public power in America . This ...
목차
The Paradox of Property Rights in Early American Society | 11 |
The Constitutional Rise Fall and Rise of Property Rights | 43 |
Midkiff Public Use and Legislative Redistribution of Property Rights | 73 |
The Political Philosophical and Policy Consequences of the Expanded Public Use Doctrine | 99 |
The Coherence of Property Rights and the Specter of Substantive Due Process | 127 |
The Emergence of New Property Rights | 145 |