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: ...
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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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Add this copy of The Global Debate Over Constitutional Property: Lessons to cart. $36.61, like new condition, Sold by Open Books Ltd rated 4.0 out of 5 stars, ships from Chicago, IL, UNITED STATES, published 2006 by University of Chicago Press.
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