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In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest."
Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform.
This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police.
"Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University
About the Author:
Ellen Frankel Paul is deputy director of the Social Philosophy and Policy Center and is professor of political science and philosophy at Bowling Green State University. She is also an adjunct scholar at the Cato Institute. Her writings have appeared in numerous journals, including Public Affairs Quarterly, Harvard Journal of Law and Public Policy, and the Canadian Journal of Law and Jurisprudence. Her books include Liberty, Property, and Government: Constitutional Interpretation before the New Deal, and Totalitarianism at the Crossroads.
Title: Property Rights and Eminent Domain
Publisher: Transaction Publishers
Book Condition: BRAND NEW
Book Description Transaction Publishers, 1987. Condition: Good. Former Library book. Shows some signs of wear, and may have some markings on the inside. Seller Inventory # GRP18694694
Book Description Routledge, 1987. Condition: Good. A+ Customer service! Satisfaction Guaranteed! Book is in Used-Good condition. Pages and cover are clean and intact. Used items may not include supplementary materials such as CDs or access codes. May show signs of minor shelf wear and contain limited notes and highlighting. Seller Inventory # 0887380948-2-4
Book Description Transaction Publishers, 1987. Hardcover. Condition: Used: Acceptable. Seller Inventory # SONG0887380948
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Book Description Routledge, 1987. Hardcover. Condition: Good. 1st. Ships with Tracking Number! INTERNATIONAL WORLDWIDE Shipping available. May not contain Access Codes or Supplements. May be ex-library. Shipping & Handling by region. Buy with confidence, excellent customer service!. Seller Inventory # 0887380948
Book Description Transaction Publishers, 1987. Hardcover. Condition: New. Seller Inventory # DADAX0887380948
Book Description Routledge. Hardcover. Condition: New. 0887380948 We guarantee all of our items - customer service and satisfaction are our top priorities. Please allow 4 - 14 business days for Standard shipping, within the US. Seller Inventory # XM-0887380948