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Full-Text Articles in Law

The Thrift Crisis And The Constitution, Stanley I. Langbein Jan 1996

The Thrift Crisis And The Constitution, Stanley I. Langbein

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No abstract provided.


Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham Jan 1996

Liberty Without Equality: The Property-Rights Connection In A Negative Citizenship Regime, David Abraham

Articles

Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our "social state." But law, too, has played a significant material, as well as ideological, role and has provided the terrain for much of our social development. This essay explores the particular contribution of the property-liberty nexus to the stunted development of positive liberty and social citizenship in the United States. It traces this connection from the natural rights and bourgeois Founders through several key …