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The Global Debate over Constitutional Property - Lessons for American Takings Jurisprudence (Hardcover)
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The Global Debate over Constitutional Property - Lessons for American Takings Jurisprudence (Hardcover)
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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.
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