Private Property And State Power

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Takings

Author : Richard A. Epstein
Publisher : Harvard University Press
ISBN 13 : 0674036557
Total Pages : 377 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Takings by : Richard A. Epstein

Download or read book Takings written by Richard A. Epstein and published by Harvard University Press. This book was released on 2009-07-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.

Private Property and State Power

Author : J. Huffman
Publisher : Springer
ISBN 13 : 1137376724
Total Pages : 258 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Private Property and State Power by : J. Huffman

Download or read book Private Property and State Power written by J. Huffman and published by Springer. This book was released on 2013-12-05 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Private Property and the Constitution

Author : James Huffman
Publisher : Springer
ISBN 13 : 1137376732
Total Pages : 230 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Private Property and the Constitution by : James Huffman

Download or read book Private Property and the Constitution written by James Huffman and published by Springer. This book was released on 2013-12-05 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

The Origin of the Family, Private Property and the State

Author : Friedrich Engels
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Origin of the Family, Private Property and the State by : Friedrich Engels

Download or read book The Origin of the Family, Private Property and the State written by Friedrich Engels and published by . This book was released on 1902 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Economics and Ethics of Private Property

Author : Hans-Hermann Hoppe
Publisher : Ludwig von Mises Institute
ISBN 13 : 1610164687
Total Pages : 446 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Economics and Ethics of Private Property by : Hans-Hermann Hoppe

Download or read book Economics and Ethics of Private Property written by Hans-Hermann Hoppe and published by Ludwig von Mises Institute. This book was released on 2006 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Property and Private Power

Author : Hendrik Hartog
Publisher : Cornell University Press
ISBN 13 : 9780801495601
Total Pages : 292 pages
Book Rating : 4.4/5 (956 download)

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Book Synopsis Public Property and Private Power by : Hendrik Hartog

Download or read book Public Property and Private Power written by Hendrik Hartog and published by Cornell University Press. This book was released on 1989 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Prehistory of Private Property

Author : Karl Widerquist
Publisher : Screening Antiquity
ISBN 13 : 9781474447423
Total Pages : 308 pages
Book Rating : 4.4/5 (474 download)

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Book Synopsis The Prehistory of Private Property by : Karl Widerquist

Download or read book The Prehistory of Private Property written by Karl Widerquist and published by Screening Antiquity. This book was released on 2021-02-28 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the origin and development of the private property rights system from prehistory to the present day This book debunks three false claims commonly accepted by contemporary political philosophers regarding property systems: that inequality is natural, inevitable, or incompatible with freedom; that capitalism is more consistent with negative freedom than any other conceivable economic system; and that the normative principles of appropriation and voluntary transfer applied in the world in which we live support a capitalist system with strong, individualist and unequal private property rights. The authors review the history of the use and importance of these claims in philosophy, and use thorough anthropological and historical evidence to refute them. They show that societies with common-property systems maintaining strong equality and extensive freedom were initially nearly ubiquitous around the world, and that the private property rights system was established through a long series of violent state-sponsored aggressions.

The Idea of Property

Author : Laura S. Underkuffler
Publisher : Oxford University Press, USA
ISBN 13 : 9780199254187
Total Pages : 216 pages
Book Rating : 4.2/5 (541 download)

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Book Synopsis The Idea of Property by : Laura S. Underkuffler

Download or read book The Idea of Property written by Laura S. Underkuffler and published by Oxford University Press, USA. This book was released on 2003 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholars and philosophers have long been engaged in studying the secret of the internal structure of property in law. This text aims to advance our understanding of property as an idea and the power that claimed property rights should have against competing public interests.

The Public Nature of Private Property

Author : Professor Michael Diamond
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497682
Total Pages : 275 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis The Public Nature of Private Property by : Professor Michael Diamond

Download or read book The Public Nature of Private Property written by Professor Michael Diamond and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

The Economics and Ethics of Private Property

Author : Hans-Hermann Hoppe
Publisher : Springer Science & Business Media
ISBN 13 : 940158155X
Total Pages : 268 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Economics and Ethics of Private Property by : Hans-Hermann Hoppe

Download or read book The Economics and Ethics of Private Property written by Hans-Hermann Hoppe and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of socialism across Eastern Europe - as manifested most dramatically by the events of the forever memorable November 9, 1989, when the Germans of East and West reunited, moved and overjoyed, on top of the Berlin Wall - has added more support and urgency to the central thesis of this volume than I had ever hoped for. Whether the following studies deal with economic topics, such as employment, interest, money, banking, business cycles, taxes, public goods, or growth; with philosophical problems as the foundations of know ledge, and of economics and ethics in particular; or the reconstruction and theoretical explanation of historical and sociological phenomena such as exploitation, the rise and fall of civilizations, international politics, war, imperialism, and the role of ideas and ideological movements in the course of social evolution - each ultimately contributes to but one conclusion: The right to private property is an indisputably valid, absolute principle of ethics and the basis for continuous 'optimal' economic progress. To rise from the ruins of socialism and overcome the stagnation of the Western welfare states, nothing will suffice but the uncompromizing privatization of all socialized, that is, government, property and the establishment of a contractual society based on the recognition of the absoluteness of private property rights. *** In writing the following studies I received help from many sides. Special thanks go to my wife Margaret, who again took on the task of de Germanizing my English; to Llewellyn H.

Property, Power and Politics

Author : Robé, Jean-Philippe
Publisher : Policy Press
ISBN 13 : 1529213185
Total Pages : 416 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Property, Power and Politics by : Robé, Jean-Philippe

Download or read book Property, Power and Politics written by Robé, Jean-Philippe and published by Policy Press. This book was released on 2020-10-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.

Private Property and the Limits of American Constitutionalism

Author : Jennifer Nedelsky
Publisher : University of Chicago Press
ISBN 13 : 0226569713
Total Pages : 358 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Private Property and the Limits of American Constitutionalism by : Jennifer Nedelsky

Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.

Property and Freedom

Author : Richard Pipes
Publisher : Vintage
ISBN 13 : 0307427358
Total Pages : 346 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Property and Freedom by : Richard Pipes

Download or read book Property and Freedom written by Richard Pipes and published by Vintage. This book was released on 2007-12-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.

Property Rights

Author : Terry L. Anderson
Publisher : Princeton University Press
ISBN 13 : 9780691099989
Total Pages : 412 pages
Book Rating : 4.0/5 (999 download)

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Book Synopsis Property Rights by : Terry L. Anderson

Download or read book Property Rights written by Terry L. Anderson and published by Princeton University Press. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).

The Turning Point in Private Law

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 262 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Turning Point in Private Law by : Ugo Mattei

Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

The Modern Corporation and Private Property

Author : Adolf Augustus Berle
Publisher :
ISBN 13 :
Total Pages : 396 pages
Book Rating : 4.:/5 (138 download)

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Book Synopsis The Modern Corporation and Private Property by : Adolf Augustus Berle

Download or read book The Modern Corporation and Private Property written by Adolf Augustus Berle and published by . This book was released on 1937 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Property and Freedom

Author : Richard Pipes
Publisher : Vintage
ISBN 13 : 0375704477
Total Pages : 346 pages
Book Rating : 4.3/5 (757 download)

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Book Synopsis Property and Freedom by : Richard Pipes

Download or read book Property and Freedom written by Richard Pipes and published by Vintage. This book was released on 2000-06-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.