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Author: David Andrew Schultz Publisher: Transaction Publishers ISBN: 9781412832182 Category : Law Languages : en Pages : 244
Book Description
One legacy of the Reagan and post-Reagan years has been a questioning by both liberals and conservatives of recent eminent domain and property rights decisions by the Supreme Court. This timely volume examines the changing political and constitutional status of these concepts, Schultz argues that we need to rethink the nature of property rights by asking what purpose they serve in American society and whether they deserve special legal and judicial protection against legislative interference. "Property, Power, and American Democracy "is founded on a searching reexamination of the role of property in early and contemporary American legal and political thought. From this perspective, Schultz shows that the meaning of property is currently in flux as a result of a failure to sustain those values that property was originally supposed to protect in our society: individual liberty, limited government, and minority rights. In keeping with the moral and political values associated with property in the writings of John Locke, James Harrington, and other classical theorists, the author contends that property should not be viewed merely as a thing we possess or an entity we may dispose of at will. Instead it is to be seen as an important social relationship to which the law gives special protection thereby furthering a sense of autonomy, self-identity, and community. This volume demonstrates that once we view property in this light, we can then ask which relations or values are so important in our society that they deserve to be called property. Drawing upon both liberal and conservative points of view, "Property, Power, and American Democracy "is a powerful argument for the reinvigoration of property rights. It will be of special interest to political scientists, urban planners, and specialists hi American constitutional history and political thought.
Author: David Andrew Schultz Publisher: Transaction Publishers ISBN: 9781412832182 Category : Law Languages : en Pages : 244
Book Description
One legacy of the Reagan and post-Reagan years has been a questioning by both liberals and conservatives of recent eminent domain and property rights decisions by the Supreme Court. This timely volume examines the changing political and constitutional status of these concepts, Schultz argues that we need to rethink the nature of property rights by asking what purpose they serve in American society and whether they deserve special legal and judicial protection against legislative interference. "Property, Power, and American Democracy "is founded on a searching reexamination of the role of property in early and contemporary American legal and political thought. From this perspective, Schultz shows that the meaning of property is currently in flux as a result of a failure to sustain those values that property was originally supposed to protect in our society: individual liberty, limited government, and minority rights. In keeping with the moral and political values associated with property in the writings of John Locke, James Harrington, and other classical theorists, the author contends that property should not be viewed merely as a thing we possess or an entity we may dispose of at will. Instead it is to be seen as an important social relationship to which the law gives special protection thereby furthering a sense of autonomy, self-identity, and community. This volume demonstrates that once we view property in this light, we can then ask which relations or values are so important in our society that they deserve to be called property. Drawing upon both liberal and conservative points of view, "Property, Power, and American Democracy "is a powerful argument for the reinvigoration of property rights. It will be of special interest to political scientists, urban planners, and specialists hi American constitutional history and political thought.
Author: Randall G. Holcombe Publisher: Independent Institute ISBN: 1598133349 Category : History Languages : en Pages : 312
Book Description
When the United States was born in the revolutionary acts of 1776, Americans viewed the role of government as the protector of their individual rights. Thus, the fundamental principle underlying the new American government was liberty. Over time, the ideology of political "democracy"—the idea that the role of government is to carry out the "will of the people," as revealed through majority rule—has displaced the ethics of liberty. This displacement has eroded individual rights systematically and that history is examined in Liberty in Peril by Randall Holcombe in language accessible to anyone. The Founders intended to design a government that would preclude tyranny and protect those individual rights, and the Bill of Rights was a clear statement of those rights. They well understood that the most serious threat to human rights and liberty is government. So, the Constitution clearly outlined a limited scope for government and set forth a form of governance that would preserve individual rights. The federal government's activities during two world wars and the Great Depression greatly increased government's involvement in people's lives. By the time of Lyndon Johnson's "Great Society," the depletion of rights and the growth of the activities of political democracy was complete. By the end of the 20th Century the fundamental principle underlying the U.S. government was now political power and not liberty. Public policy was oriented toward fulfilling the majority rule with the subsequent increase in government power and scope. Holcombe argues that economic and political systems are not separate entities but are intimately intertwined. The result is a set of tensions between democracy, liberty, a market economy, and the institutions of a free society. All those interested in the evolution of American government, including historians, political scientists, economists, and legal experts, will find this book compelling and informative.
Author: Lynn Staeheli Publisher: Routledge ISBN: 1135917094 Category : Law Languages : en Pages : 222
Book Description
The People’s Property? is the first book-length scholarly examination of how negotiations over the ownership, control, and peopling of public space are central to the development of publicity, citizenship, and democracy in urban areas. The book asks the questions: Why does it matter who owns public property? Who controls it? Who is in it? Donald Mitchell and Lynn A. Staeheli answer the questions by focusing on the interplay between property (in its geographical sense, as a parcel of owned space) and people. Property rights are often defined as the "right to exclude." It is important, therefore, to understand who (what individual and corporate entities, governed by what kinds of regulations and restrictions) owns publicly accessible property. It is likewise important to understand the changing bases for excluding some people and classes of people from otherwise publicly accessible property. That is to say, it is important to understand how modes of access and possibilities for association in publicly accessible space vary for different individuals and different classes of people, if we are to understand the role public spaces play in shaping democratic possibilities. In what ways are urban public spaces "the people’s property" – and in what ways are they not? What does this mean for citizenship and the constitution of an inclusive, democratic polity? The book develops its argument through five case studies: protest in Washington DC; struggles over the Plaza of Santa Fe, NM; homelessness and property redevelopment in San Diego, CA; the enclosure of public space in a mall in Syracuse, NY; and community gardens in New York City. Though empirically focused on the US, the book is of broader interests as publics in all liberal democracies are under-going rapid reconsideration and transformation.
Author: William J. Novak Publisher: Harvard University Press ISBN: 0674260449 Category : Law Languages : en Pages : 385
Book Description
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
Author: G. William Domhoff Publisher: Touchstone ISBN: Category : History Languages : en Pages : 244
Book Description
The author is convinced that there is a ruling class in America today. He examines the American power structure as it has developed in the 1980s. He presents systematic, empirical evidence that a fixed group of privileged people dominates the American economy and government. The book demonstrates that an upper class comprising only one-half of one percent of the population occupies key positions within the corporate community. It shows how leaders within this "power elite" reach government and dominate it through processes of special-interest lobbying, policy planning and candidate selection. It is written not to promote any political ideology, but to analyze our society with accuracy.
Author: Rachel E. Brulé Publisher: Cambridge University Press ISBN: 1108870600 Category : Political Science Languages : en Pages : 395
Book Description
Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Women, Power, and Property explores this question within the context of India, the world's largest democracy. Brulé employs a research design that maximizes causal inference alongside extensive field research to explain the relationship between political representation, backlash, and economic empowerment. Her findings show that women in government – gatekeepers – catalyze access to fundamental economic rights to property. Women in politics have the power to support constituent rights at critical junctures, such as marriage negotiations, when they can strike integrative solutions to intrahousehold bargaining. Yet there is a paradox: quotas are essential for enforcement of rights, but they generate backlash against women who gain rights without bargaining leverage. In this groundbreaking study, Brulé shows how well-designed quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower.
Author: Peter M. Shane Publisher: University of Chicago Press ISBN: 0226749428 Category : Political Science Languages : en Pages : 258
Book Description
The George W. Bush administration’s ambitious—even breathtaking—claims of unilateral executive authority raised deep concerns among constitutional scholars, civil libertarians, and ordinary citizens alike. But Bush’s attempts to assert his power are only the culmination of a near-thirty-year assault on the basic checks and balances of the U.S. government—a battle waged by presidents of both parties, and one that, as Peter M. Shane warns in Madison’s Nightmare, threatens to utterly subvert the founders’ vision of representative government. Tracing this tendency back to the first Reagan administration, Shane shows how this era of "aggressive presidentialism" has seen presidents exerting ever more control over nearly every arena of policy, from military affairs and national security to domestic programs. Driven by political ambition and a growing culture of entitlement in the executive branch—and abetted by a complaisant Congress, riven by partisanship—this presidential aggrandizement has too often undermined wise policy making and led to shallow, ideological, and sometimes outright lawless decisions. The solution, Shane argues, will require a multipronged program of reform, including both specific changes in government practice and broader institutional changes aimed at supporting a renewed culture of government accountability. From the war on science to the mismanaged war on terror, Madison’s Nightmare outlines the disastrous consequences of the unchecked executive—and issues a stern wake-up call to all who care about the fate of our long democratic experiment.
Author: David Andrew Schultz
Author: David Andrew Schultz
Author: Grant McConnell
Author: Randall G. Holcombe
Author: Lynn Staeheli
Author: William J. Novak
Author: G. William Domhoff
Author: Jennifer Nedelsky
Author: Rachel E. Brulé
Author: Peter M. Shane
Author: Hendrik Hartog