Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970University of Chicago Press, 4.06.1999 г. - 486 страници 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. |
Съдържание
Legal Writing in the Civic Republican ra | 21 |
Thomas Jefferson and the Civic Conception of Property | 26 |
Time ftistory and Property in the Republican Vision | 43 |
Descent and Dissent from the Civic Meaning of Property | 72 |
The Commercial Republican Culture 18001860 | 89 |
Legal Writing in the Commercial publican ra | 91 |
Liberality vs Technicality Statutory Revision of Land Law in the Jacksonian | 97 |
James ent and the Ambivalent Romance of Commerce | 127 |
Legal Writing in the Age of nterprise | 243 |
The Dilemma of Property in Public Law during the Age of nterprise Tower and Democracy | 248 |
The Vilemma of Property in the Private Sphere Alienability and Paternalism | 277 |
The Late Modern Culture 19171970 | 303 |
Legal Writing in the Twentieth Century The Demise of Legal Autonomy | 305 |
Socializing Property The influence of ProgressiveIealist Legal Thought | 311 |
Property in the Welfare State Tostwar Legal Thought 19451970 | 352 |
Epilogue | 379 |
Antebellum Statutory Law Reform Revisited The Married Womens Property Laws | 158 |
Ambiguous ntrepreneurialism The ise and Fall of tested Rights in the Antebellum ra | 185 |
Commodifying flumans Property in the Antebellum Legal Discourse of Slavery | 211 |
The Industrial Culture 18701917 | 241 |
Notes | 387 |
471 | |
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Adams alienability American Law American legal antebellum argued autonomy Blackstone Cambridge Charles River Bridge civic republican Cobb Commentaries commercial commodified common law conception of property constitutional corporate created critique culture democracy dialectic doctrine dominant dynamic economic eighteenth-century elite English entrepreneurial erty Federalist fee simple feudal forms of property freedom History Ibid ideology individual institution J. G. A. Pocock Jacksonian James Kent Jefferson John Joseph Story Kent Kent's labor land Law Review legal discourse Legal Realism legal thought legal writing legislative legislature liberal liberty married women married women's property meaning ment modern nineteenth century ownership political primogeniture private property pro-slavery prop property interests property law property rights protection reform regulation restraints restraints on alienation revision role rule Scottish Enlightenment slave slavery social order society Southern spendthrift trust stability statute theorists theory tion tradition understanding of property virtue vision wealth welfare York