commodity propriety competing visions of property in american legal thought 1776 1970

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Commodity Propriety

Author : Gregory S. Alexander
ISBN : 9780226013527
Genre : Law
File Size : 49. 29 MB
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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.

The Claims Of Kinfolk

Author : Dylan C. Penningroth
ISBN : 9780807862131
Genre : Social Science
File Size : 71. 45 MB
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In The Claims of Kinfolk, Dylan Penningroth uncovers an extensive informal economy of property ownership among slaves and sheds new light on African American family and community life from the heyday of plantation slavery to the "freedom generation" of the 1870s. By focusing on relationships among blacks, as well as on the more familiar struggles between the races, Penningroth exposes a dynamic process of community and family definition. He also includes a comparative analysis of slavery and slave property ownership along the Gold Coast in West Africa, revealing significant differences between the African and American contexts. Property ownership was widespread among slaves across the antebellum South, as slaves seized the small opportunities for ownership permitted by their masters. While there was no legal framework to protect or even recognize slaves' property rights, an informal system of acknowledgment recognized by both blacks and whites enabled slaves to mark the boundaries of possession. In turn, property ownership--and the negotiations it entailed--influenced and shaped kinship and community ties. Enriching common notions of slave life, Penningroth reveals how property ownership engendered conflict as well as solidarity within black families and communities. Moreover, he demonstrates that property had less to do with individual legal rights than with constantly negotiated, extralegal social ties.

Private Property In The 21st Century

Author : Harvey Martin Jacobs
ISBN : 1781008469
Genre : Law
File Size : 59. 64 MB
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The ownership and control of privately owned lands is critical for many fields. Scholars, students and professionals of urban and regional planning, geography, law, natural resources, environment, real estate, and landscape architecture should find this volume useful.

The Anti Rent Era In New York Law And Politics 1839 1865

Author : Charles W. McCurdy
ISBN : 9780807860878
Genre : Law
File Size : 20. 22 MB
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A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state's governors, legislators, judges, and journalists, as well as delegates to New York's bellwether constitutional convention of 1846, to wrestle with two difficult problems of social policy. One was how to put down violent tenant resistance to the enforcement of landlord property and contract rights. The second was how to abolish the archaic form of land tenure at the root of the rent strike. Charles McCurdy considers the public debate on these questions from a fresh perspective. Instead of treating law and politics as dependent variables--as mirrors of social interests or accelerators of social change--he highlights the manifold ways in which law and politics shaped both the pattern of Anti-Rent violence and the drive for land reform. In the process, he provides a major reinterpretation of the ideas and institutions that diminished the promise of American democracy in the supposed "golden age" of American law and politics.

Constitutional Property Law

Author : Andries Johannes Van der Walt
ISBN : STANFORD:36105127480965
Genre : Law
File Size : 20. 99 MB
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White Enough To Be American

Author : Lauren L. Basson
ISBN : 9781469606439
Genre : Social Science
File Size : 66. 71 MB
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Racial mixture posed a distinct threat to European American perceptions of the nation and state in the late nineteenth century, says Lauren Basson, as it exposed and disrupted the racial categories that organized political and social life in the United States. Offering a provocative conceptual approach to the study of citizenship, nationhood, and race, Basson explores how racial mixture challenged and sometimes changed the boundaries that defined what it meant to be American. Drawing on government documents, press coverage, and firsthand accounts, Basson presents four fascinating case studies concerning indigenous people of "mixed" descent. She reveals how the ambiguous status of racially mixed people underscored the problematic nature of policies and practices based on clearly defined racial boundaries. Contributing to timely discussions about race, ethnicity, citizenship, and nationhood, Basson demonstrates how the challenges to the American political and legal systems posed by racial mixture helped lead to a new definition of what it meant to be American--one that relied on institutions of private property and white supremacy.

Seattle University Law Review

Author :
ISBN : UCAL:B5101993
Genre :
File Size : 53. 92 MB
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Transformations In American Legal History

Author : Daniel W. Hamilton
ISBN : STANFORD:36105134444830
Genre : History
File Size : 48. 7 MB
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During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780âe"1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870âe"1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our countryâe(tm)s crises. In this book, Horwitzâe(tm)s students re-examine legal history from Americaâe(tm)s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

The Journal Of Law In Society

Author :
ISBN : UCAL:B5088738
Genre : Law
File Size : 75. 56 MB
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The Soul S Economy

Author : Jeffrey P. Sklansky
ISBN : 0807827258
Genre : Business & Economics
File Size : 22. 30 MB
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Soul's Economy: Market Society and Selfhood in American Thought, 1820-1920

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