Download or read book Private and Common Property written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor and Francis, an informa company.
Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by Cato Institute. This book was released on 2006-10-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”
Download or read book Modern Understandings of Liberty and Property written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. The materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law. Stated in this general form, this topic is broad as law itself. The relationship of liberty and property to the law surfaces whenever and wherever people interact with each other under the command and control of the sovereign. This is Volume II of five and concerns the extent to which the state should enforce or override private contracts made by individuals to dispose of their labor or capital. These issues did not disappear by the onset of the twentieth century, where Volume II picks up. Generally speaking, however, the tools of analysis shifted as the advances in economic theory helped to flesh out the justifications offered for individual liberty and private property on the one hand, and their social control on the other. Although the nature of the discourse changed to some degree, the division of opinion on the proper role of liberty and property remained as sharply contested as it was in earlier times.
Download or read book Liberty Property and the Law written by Richard Allen Epstein and published by Routledge. This book was released on 2000-05-03 with total page 2032 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wide collection of disciplines and periods represented in this five-volume set make it an ideal companion for courses in intellectual and legal history, political history, economic history, and common and constitutional law. The essays involved offer insightful understanding into the evolution of liberty and property in ways that are accessible to students without a strong technical background in economics, philosophy, or law. They contain probing evaluations of the central problems of legal and political thought that should prove of value to advanced students and specialists in these fields. Volumes also available individually. Volume 1. Classical Foundations of Liberty and Property (0-8153-3555-5) Volume 2. Modern Understanding of Liberty and Property (0-8153-3556-3) Volume 3. Private and Common Property (0-8153-3557-1) Volume 4. Contract-Freedom and Restraint (0-8153-3558-X) Volume 5. Constitutional Protection of Private Property and Freedom of Contract (0-8153-3559-8)
Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Download or read book Classical Foundations of Liberty and Property written by Richard A. Epstein and published by Routledge. This book was released on 2019-05-15 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The materials in this collection are drawn from many disciplines, including economics,law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: "Liberty, Property and the Law." Stated in this general form, this topic is as broad as law itself. The relationship of liberty andproperty to the law surfaces whenever and wherever people interact with each otherunder the command and control of the sovereign. Those who hold sovereign power may choose to protect liberty and property or to undermine it. But the regrettably high frequency of political abuse throughout the world does not justify the exercise ofarbitrary legal power; nor does it limit human aspirations for a sound legal and socialorder to block political excesses. First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Intellectual Liberty written by Hugh Breakey and published by Routledge. This book was released on 2016-05-23 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the steady increase in intellectual property rights in the last century, does it make sense to speak of ’user’s rights’ and can limitations on intellectual liberty be justified from a rights-based perspective? This book philosophically defends the importance of the public domain and user’s rights through the use of natural-rights thought. Utilizing primarily the work of John Locke, it contends that considerations of natural justice and human freedom impose powerful constraints on the proper reach and substance of intellectual property rights, especially copyright. It investigates both the internal and external natural-rights constraints on intellectual property, and argues in particular for the importance to human freedom of the right to intellectual liberty - the right to inform one’s actions by learning about the world. It concludes that respect for fundamental freedom-based interests require a balanced approach to the scope, strength and duration of intellectual property rights.
Download or read book Liberty Property and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Download or read book Constitutional Protection of Private Property and Freedom of Contract written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Download or read book Democracy Liberty and Property written by Merrill D. Peterson and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[Book title] covers the constitutional conventions convened in New York, Massachusetts, and Virginia in the 1820s to address fundamental policy issues, such as suffrage, legislative apportionment and representation, governmental structures, and freedom of religion. The clash between democracy, liberty, and property is conspicuous in the debates reprinted here. These particular state conventions are significant for their influence over neighboring states' constitutions and for their forceful debates among such leading statesmen as John Adams, James Madison, James Monroe, and John Marshall."--Jacket.
Download or read book Liberty Property and the Law written by and published by . This book was released on 19?? with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Freedom and Restraint written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Download or read book The Excellent Priviledge of Liberty and Property written by William Penn and published by . This book was released on 1897 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liberty Property and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990-07-05 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930s, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the double standard. The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.
Download or read book Liberty Property and Privacy written by Edward Keynes and published by Penn State Press. This book was released on 2010-11-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.
Download or read book Liberty and Law written by Brian Tierney and published by CUA Press. This book was released on 2014-02-14 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty and Law examines a previously underappreciated theme in legal history - the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government.
Download or read book Property Law written by Elizabeth Mensch and published by Dartmouth Publishing Company. This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part of the International Library of Essays in Law and Legal Theory series, this text brings together international perspectives on property law. Amongst the areas covered are property and liberty, property and social justice, property and politics, women and property and intellectual property.
