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Located at the intersections of law and culture, The Politics of Private Propertyprovides a fresh perspective on the functions of private property within U.S. cultural discourse by establishing a long historical arch from the early nineteenth to the twenty-first century. The study challenges the assumption of an unquestioned cultural consensus in the United States on the subject of individual property rights, instead mobilizing property as an analytical category to examine how social and political debates generate competing and contested claims to ownership. The property narratives arising out of political conflicts, the book suggests, serve to naturalize the unequal social and economic structures and legitimize the hegemonic order, which however remains to be shifting and subject to challenges. Analyzing the property narratives at the heart of the U.S. American self-conception, The Politics of Private Property addresses the gap between the ideal of the U.S. as a universal middle-class society, characterized by a wide diffusion of property ownership, and the actual social reality which is defined by unequal dissemination of wealth and race-based structures of exclusion.
Federalists vision of the Constitution; an interdisciplinary investigation.
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.
In this book, Itai Sened examines the political institution of property and other individual rights. His argument is that the foundation of such rights is to be found in the political and economic institutions which grant and enforce them and not in any set of moral principles or 'nature'. The book further argues that individual rights are instituted through a political process, and not by any hidden market forces. The origin of rights is placed in a social contract that evolves as a political process in which governments grant and protect property and other individual rights to constituents, in return for economic and political support. Extending neo-institutional theory to the subject, and using a positive game theoretic approach in its analysis, this book is an original contribution to scholarship on the evolution of rights.
This volume renews the political sociology of land. Chapters examine dynamics of political control and contention in a range of settings, including land grabs in Asia and Africa, expulsions and territorial control in South America, environmental regulation in Europe, and controversies over fracking, gentrification, and property taxes in the USA.
This volume includes 22 new pieces by leading political philosophers, on traditional issues (such as authority and equality) and emerging issues (such as race, and money in politics). The pieces are clear and accessible will interest both students and scholars working in philosophy, political science, law, economics, and more.
"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.
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.
This book looks at how top-down efforts to strengthen property rights are unlikely to succeed without demand for law from private firms.