Research Catalog

Title

Property, power, and American democracy / David A. Schultz.

Author

Schultz, David A. (David Andrew), 1958-

Publication

New Brunswick, N.J., U.S.A. : Transaction Publishers, ©1992.

Items in the Library & Off-site

Details

Description

223 pages; 24 cm

Summary

"One legacy of the Reagan and post-Reagan years has been a questioning by both liberals and conservatives of recent eminent domain and property rights decisions by the Supreme Court. This timely volume examines the changing political and constitutional status of these concepts. Schultz argues that we need to rethink the nature of property rights by asking what purpose they serve in American society and whether they deserve special legal and Judicial Protection against legislative interference."--BOOK JACKET. "Property, Power, and American Democracy is founded on a searching re-examination of the role of property in early and contemporary American legal and political thought. From this perspective, Schultz shows that the meaning of property is currently in flux as a result of a failure to sustain those values that property was originally supposed to protect in our society: individual liberty, limited government, and minority rights."--BOOK JACKET. "In keeping with the moral and political values associated with property in the writings of John Locke, James Harrington, and other classical theorists, the author contends that property should not be viewed merely as a thing we possess or an entity we may dispose of at will. Instead it is to be seen as an important social relationship to which the law gives special protection, thereby furthering a sense of autonomy, self-identity, and community. This volume demonstrates that once we view property in this light, we can then ask which relations or values are so important in our society that they deserve to be called property. Drawing upon both liberal and conservative points of view. Property, Power, and American Democracy is a powerful argument for the reinvigoration of property rights. It will be of special interest to political scientists, urban planners, and specialists in American constitutional history and political thought."--BOOK JACKET.

Subject

• Right of property > United States
• Eminent domain > United States
• Legislative power > United States
• Due process of law > United States
• Economic liberties (U.S. Constitution)
• Due process of law
• Eminent domain
• Legislative power
• Right of property
• Eigentum
• Verfassungsrecht
• United States
• USA

Bibliography (note)

• Includes bibliographical references (p. 203-215) and index.

Contents

Acknowledgments -- A Note on Citations and Notations -- Introduction: Property Rights in the Post-Reagan Era (starting p. 1) -- 1 The Paradox of Property Rights in Early American Society (starting p. 11) -- 2 The Constitutional Rise, Fall, and Rise of Property Rights (starting p. 43) -- 3 Midkiff, Public Use, and Legislative Redistribution of Property Rights (starting p. 73) -- 4 The Political, Philosophical, and Policy Consequences of the Expanded Public Use Doctrine (starting p. 99) -- 5 The Coherence of Property Rights and the Specter of Substantive Due Process (starting p. 127) -- 6 The Emergence of New Property Rights (starting p. 145) -- 7 Reconceptualizing Property Rights (starting p. 169) -- 8 Conclusion: Property Rights, Eminent Domain, and Legislative Due Process (starting p. 183) -- Bibliography (starting p. 203) -- Cases (starting p. 217) -- Index (starting p. 221)

ISBN

• 1560000384
• 9781560000389

LCCN

91038804

OCLC

• ocm24629747
• 24629747
• SCSB-9012096

Owning Institutions

Princeton University Library