Author : Gregory S. Alexander
Publisher : ReadHowYouWant.com
Page : 654 pages
File Size : 34,60 MB
Release : 2011-07-29
Category : Law
ISBN : 1459624548
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 nec...
Author : Gregory S. Alexander
Publisher : University of Chicago Press
Page : 496 pages
File Size : 40,33 MB
Release : 2008-04-15
Category : Law
ISBN : 0226013529
Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.
Author : Hanoch Dagan
Publisher :
Page : 0 pages
File Size : 19,14 MB
Release : 2014
Category :
ISBN :
Gregory Alexander's new book The Global Debate over Constitutional Property provides a unique opportunity to reflect upon the functions of comparative law and the nature of ownership. This Comment highlights the role of comparative law in upsetting law's tendency to turn contingency into necessity, but also warns against the illusion that comparative law can yield normative conclusions without an independent and critically constructive legal inquiry. The Comment offers such an inquiry in order to substantiate Alexander's call to adopt the German constitutional model of incorporating social responsibility into the concept of property. It studies the reasons as well as the potential risks entailed by such a move, and outlines the contours of a takings doctrine that takes the social responsibility of property owners seriously.
Author : Gregory S. Alexander
Publisher : Cambridge University Press
Page : 247 pages
File Size : 19,58 MB
Release : 2012-04-09
Category : Law
ISBN : 1107375371
This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates.
Author : Amnon Lehavi
Publisher : Cambridge University Press
Page : 301 pages
File Size : 14,15 MB
Release : 2019-01-17
Category : Law
ISBN : 1108587372
Property Law in a Globalizing World identifies the paramount challenges that contemporary processes of globalization pose for the study and practice of property law. It offers a straightforward analysis of legal scenarios implicating cross-border property rights, covering a broad range of resources, from land, goods, and intangible financial assets to intellectual property, data, and digital assets. This is the first scholarly book offering a detailed study of legal strategies that can decrease the gap between the domestic tenets of property law and the cross-border nature of markets, interpersonal networks, and technology. It shows how strategies of soft law, conflict of laws, approximation, and supranationalism rely to various degrees on cross-border property norms and institutions, and studies the proprietary features of security interests and priorities to assets in insolvency in a global setting. It also shows how digital technology such as blockchain can revolutionize the system of cross-border property rights.
Author : David Schneiderman
Publisher : University of Toronto Press
Page : 328 pages
File Size : 21,6 MB
Release : 2015-10-06
Category : Political Science
ISBN : 1442629509
Situated between two different constitutional traditions, those of the United Kingdom and the United States, Canada has maintained a distinctive third way: federal, parliamentary, and flexible. Yet in recent years it seems that Canadian constitutional culture has been moving increasingly in an American direction. Through the prorogation crises of 2008 and 2009, its senate reform proposals, and the appointment process for Supreme Court judges, Stephen Harper’s Conservative government has repeatedly shown a tendency to push Canada further into the US constitutional orbit. Red, White, and Kind of Blue? is a comparative legal analysis of this creeping Americanization, as well as a probing examination of the costs and benefits that come with it. Comparing British, Canadian, and American constitutional traditions, David Schneiderman offers a critical perspective on the Americanization of Canadian constitutional practice and a timely warning about its unexamined consequences.
Author :
Publisher : Oxford University Press
Page : 641 pages
File Size : 10,39 MB
Release : 2024-06-26
Category : Law
ISBN : 0192691031
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.
Author : Rachael Walsh
Publisher : Cambridge University Press
Page : 321 pages
File Size : 26,92 MB
Release : 2021-06-10
Category : Law
ISBN : 110842693X
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 32,38 MB
Release : 2011-01-01
Category : Law
ISBN : 0857931210
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Richard Albert
Publisher : University of Toronto Press
Page : 417 pages
File Size : 41,50 MB
Release : 2019-03-14
Category : Law
ISBN : 1487519125
The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
