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Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois
Can't Touch This! Private Property, Takings, And The Merit Goods Argument, Goutam U. Jois
Goutam U Jois
Over the past several decades, economic theory has gained increasing influence in legal thinking, political theory, and public policy. This article argues that the popular characterization of economics as “value-neutral” obscures the fact that there are fundamental value judgments in any framework influenced by economics. Acknowledging this fact will shift the terms of the debate: instead of a “neutral” policy and one that “imposes values,” we see that both policies in fact entail value imposition to some extent. The public discourse is thus rendered more intellectually honest. The article progresses in three parts. First, I describe the concept of “merit …
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois
Goutam U Jois
The issue of same-sex marriage has received much attention over the past few years, with significant focus on the role of the judiciary. For example, the first legal gay marriages in the country took place after a court decision in Massachusetts, and no state has sanctioned same-sex marriage through the legislative process. Proponents of same-sex marriages generally justify their creation on civil rights grounds, relying in particular on equal protection and due process arguments. However, the preservation of same-sex marriage can be defended on other grounds as well. I examine one such alternative theory, that of property rights. In this …