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Articles 1 - 10 of 10
Full-Text Articles in Law
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander
Gregory S Alexander
Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …
Property As A Fundamental Constitutional Right? The German Example, Gregory Alexander
Property As A Fundamental Constitutional Right? The German Example, Gregory Alexander
Gregory S Alexander
No abstract provided.
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory Alexander
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory Alexander
Gregory S Alexander
Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …
The Social-Obligation Norm In American Property Law, Gregory Alexander
The Social-Obligation Norm In American Property Law, Gregory Alexander
Gregory S Alexander
No abstract provided.
Innovating Property, Reviewing Stuart Banner, American Property: A History Of How, Why, And What We Own, Gregory Alexander
Innovating Property, Reviewing Stuart Banner, American Property: A History Of How, Why, And What We Own, Gregory Alexander
Gregory S Alexander
No abstract provided.
The Complex Core Of Property, Gregory Alexander
The Complex Core Of Property, Gregory Alexander
Gregory S Alexander
No abstract provided.
Ten Years Of Takings, Gregory Alexander
Ten Years Of Takings, Gregory Alexander
Gregory S Alexander
No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property. Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory Alexander
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory Alexander
Gregory S Alexander
This paper discusses the relationship between communitarianism and difference theory. Specifically, it focuses on the rhetorical practices that have created an apparent conflict between difference theory and communitarianism. My purpose is to suggest why this conflict dissolves when community and difference are understood as strategic rhetorics that share a common political vision.
Reply: The Complex Core Of Property, Gregory Alexander
Reply: The Complex Core Of Property, Gregory Alexander
Gregory S Alexander
No abstract provided.
The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory Alexander
The Dead Hand And The Law Of Trusts In The Nineteenth Century, Gregory Alexander
Gregory S Alexander
This article discusses a basic paradox at the core of liberal property law. Individual freedom to dispose of consolidated bundles of rights cannot simultaneously be allowed and fully maintained. If the donor of a property interest tries to restrict the donee's freedom to dispose of that interest, the legal system, in deciding whether to enforce or void that restriction, must resolve whose freedom it will protect, that of the donor or that of the donee. Although post-realist American property lawyers acknowledge this conflict, at least nominally, it did not emerge in legal consciousness in so starkly visible a form until …