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Books > Business & Economics > Finance & accounting > Finance > Property & real estate
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Private Property and the Constitution (Paperback, New Ed)
Loot Price: R1,308
Discovery Miles 13 080
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Private Property and the Constitution (Paperback, New Ed)
Expected to ship within 10 - 15 working days
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The proper construction of the compensation clause of the
Constitution has emerged as the central legal issue of the
environmental revolution, as property owners have challenged a
steady stream of environmental statutes that have cut deeply into
traditional notions of property rights. When may they justly demand
that the state compensate them for the sacrifices they are called
upon to make for the common good? Ackerman argues that there is
more at stake in the present wave of litigation than even the
future shape of environmental law in the United States. To frame an
adequate response, lawyers must come to terms with an analytic
conflict that implicates the nature of modern legal thought itself.
Ackerman expresses this conflict in terms of two opposed ideal
types---Scientific Policymaking and Ordinary Observing---and
sketches the very different way in which these competing approaches
understand the compensation question. He also tries to demonstrate
that the confusion of current compensation doctrine is a product of
the legal profession's failure to choose between these two modes of
legal analysis.He concludes by exploring the large implications of
such a choice---relating the conflict between Scientific
Policymaking and Ordinary Observing to fundamental issues in
economic analysis, political theory, metaethics, and the philosophy
of language.
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