Read e-book online Private Property and State Power: Philosophical PDF

By James L. Huffman

ISBN-10: 1137376619

ISBN-13: 9781137376619

Person freedom and fiscal prosperity rely on in actual fact outlined and safe deepest estate rights. with out govt to outline and implement such rights, a method of personal estate isn't really attainable on a wide scale. whilst, executive energy and oversight delivers consistent threats to non-public estate rights, resulting in a occasionally contentious courting among the pursuits of the person and the country. in response to the idea that personal estate is critical to either person welfare and the general public curiosity, Private estate and country energy provides an highbrow framework, available to an informed lay viewers together with executive officers, for the research and determination of up to date estate rights disputes—detailing the easiest practices for a robust procedure of estate rights within the context of potent govt.

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Extra info for Private Property and State Power: Philosophical Justifications, Economic Explanations, and the Role of Government

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Why Do We Have Property? Property is both inevitable and a conscious response to the realities of human existence. Property is inevitable because when things are consumed or places are occupied some people do the consuming and occupying and other people are excluded. As I will observe at greater length below, scarcity of many resources is a strong inducement to the institution of a property regime of one sort or another, but even in the absence of scarcity, property in things and places is inevitable.

28 That is why constitutional rights and judicial review have been so critical to the protection of individual liberties throughout American history. The brief history of Oregon’s three ballot measures confirms that democracy alone does not provide long-term protection for property rights. For three decades Oregon had developed increasingly detailed plans for the permissible uses of private property. The resulting regulations grew ever more restrictive and over time impacted on ever more people.

Indeed most people would identify with the many Hawaiians who benefitted from the condemnation of their landlord’s property. Together, the two cases demonstrate that, in politics, interest generally prevails over principle. James Madison was right—the majority can and will tread upon the rights of those in the minority when it serves the interests of the majority. That is why constitutional protections 20 P r i vat e P r o p e r t y a n d S t at e P o w e r are so important. The tyranny of the majority, whether well intentioned or not, is an ever-present threat to individual liberty.

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Private Property and State Power: Philosophical Justifications, Economic Explanations, and the Role of Government by James L. Huffman

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