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 : 23. 41 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.

On Private Property

Author : Eric T. Freyfogle
ISBN : 0807044164
Genre : Business & Economics
File Size : 55. 38 MB
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A fresh legal argument on what it means to own land, navigating issues of eminent domain, sprawl, and conservation Private property poses a great dilemma in American culture. We revere the institution and are quick to protect private-property rights, yet we are troubled when landowners cause harm to their neighbors and communities, especially when new development fuels sprawl and degrades the environment. Recent Supreme Court cases and new state laws around eminent domain have generated great controversy, and yet many people are unsure where they stand on this issue. In this wide-ranging inquiry, law professor Eric Freyfogle explores the inner workings of the familiar but poorly understood institution of private property. He identifies the three threats it currently faces: government mismanagement, the recently reinvigorated property rights movement, and conservation groups’ efforts to buy tracts of land in order to protect them. He then offers a solution in the middle ground between the extreme sides of these debates. In On Private Property, Freyfogle gives glimpses of landownership’s surprising past, revealing its complex links to liberty and ultimately showing why private property rights must remain consistent with a community’s overall good. In conclusion, Freyfogle constructs piece by piece a provocative new vision of landownership, at once respectful of private interests yet responsive to communal needs. “Freyfogle's new book, which probably should have been titled "Roll Over, John Locke," is just what the public debate over property rights needs. Straight talk, and an invitation to open a conversation about the real issues.” —Joseph L. Sax, author of Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures “A fresh perspective and penetrating legal and historical analysis of an issue that will continue to be in the forefront of land policy in the 21st century.” —Anthony Flint, Lincoln Institute of Land Policy, author of This Land: The Battle over Sprawl and the Future of America “In a work that eschews easy slogans, Eric Freyfogle proves the truth about American property rights—that original intent, early court opinions, and the realities of modern society all mandate that ownership brings with it weighty but reasonable responsibilities to the larger community. This beautifully-articulated book, at once bold and thoughtful, is bound to become a classic in American constitutional and property law.” —Charles Wilkinson, Distinguished University Professor and Moses Lasky Professor of Law at the University of Colorado and author of Crossing the Next Meridian: Land, Water, and the Future of the West

Pierson V Post The Hunt For The Fox

Author : Angela Fernandez
ISBN : 9781108340298
Genre : Law
File Size : 43. 40 MB
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The 1805 New York foxhunting case Pierson v. Post has long been used in American property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal. In this book, Professor Angela Fernandez retells the history of the famous fox case, from its origins as a squabble between two wealthy young men on the South Fork of Long Island through its appeal to the New York Supreme Court and entry into legal treatises, law school casebooks, and law journal articles, where it still occupies a central place. Professor Fernandez argues that the dissent is best understood as an example of legal solemn foolery. Yet it has been treated by legal professionals, the lawyers of its day, and subsequent legal academics in such a serious way, demonstrating how the solemn and the silly can occupy two sides of the same coin in American legal history.

Copyright And The Value Of Performance 1770 1911

Author : Derek Miller
ISBN : 9781108584173
Genre : Drama
File Size : 75. 68 MB
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In the nineteenth century, copyright law expanded to include performances of theatrical and musical works. These laws transformed how people made and consumed performances. Exploring precedent-setting litigation on both sides of the Atlantic, this book traces how courts developed definitions of theater and music to suit new performance rights laws. From Gilbert and Sullivan battling to protect The Mikado to Augustin Daly petitioning to control his spectacular 'railroad scene', artists worked with courts to refine vague legal language into clear, functional theories of drama, music, and performance. Through cases that ensnared figures including Lord Byron, Laura Keene, and Dion Boucicault, this book discovers how the law theorized central aspects of performance including embodiment, affect, audience response, and the relationship between scripts and performances. This history reveals how the advent of performance rights reshaped how we value performance both as an artistic medium and as property.

The Meaning Of Property Freedom Community And The Legal Imagination

Author :
ISBN : 9780300156164
Genre :
File Size : 56. 49 MB
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A Good That Transcends

Author : Eric T. Freyfogle
ISBN : 9780226326115
Genre : Law
File Size : 44. 36 MB
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Leopold's last talk -- The love of Wendell Berry -- Impressionism and David Orr -- The cosmos and Pope Francis -- Taking property seriously -- Wilderness and culture -- Naming the tragedy -- Conclusion: thinking, talking, and culture

The Claims Of Kinfolk

Author : Dylan C. Penningroth
ISBN : 9780807862131
Genre : Social Science
File Size : 59. 39 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 : 71. 88 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 : 59. 43 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.

White Enough To Be American

Author : Lauren L. Basson
ISBN : 9781469606439
Genre : Social Science
File Size : 20. 86 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.

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