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From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang
From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang
Research Collection School Of Economics
This paper shows how property rights security improves over time as a result of increasing legal quality and political democratization in a political economy context, where political and legal institutions adapt to evolving factor composition of land and capital in the dynamic economic development process. There seems to exist a clear sequence of di⁄erent forms of protection in that it is unlikely to have a strong rule of law with an exploitative political regime, or to have a democratic political system when the distribution of potential coercive power is too skewed. The routine form of protection thus shifts from coercion …
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Journal
Interdisciplinary Perspectives on Property
October 11-12, 2012
Panel 1: The Impact of a Leading Property Scholar
Panel 3: Property Rights in Times of Economic Crisis
Panel 4: Property's Moral Dimension
Property's Constitution, James Y. Stern
Property's Constitution, James Y. Stern
Faculty Publications
Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do …