Supreme Neglect: How to Revive Constitutional Protection For Private Property

Hardcover | April 15, 2008

byRichard A. Epstein

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As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, propertyrights had few staunch supporters in America. This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on thesubject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberalpoliticians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Usingboth political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitableorganizations, and earn a living through honest labor. Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

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As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, propertyrights had few staunch supporters in Americ...

Richard A. Epstein is the James Parker Hall Distinguished Service Professor of Law at the University of Chicago, where he has taught since 1972. He has also been the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution since 2000. He is the author of numerous books--including Takings, which is regarded as the bible of the...

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Format:HardcoverDimensions:176 pages, 8.25 × 5.5 × 0.98 inPublished:April 15, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195304608

ISBN - 13:9780195304602

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Table of Contents

Introduction: Private Property, Then and NowPart I: Background Principles1. Private Property: Its Origins, Structure and Utility2. The Generative Power of Constitutional InterpretationPart II: Physical Takings3. A Typology of Physical Takings4. Public Use5. Unjust CompensationPart III: Regulatory Takings6. A Matching Principle for Regulatory Takings7. Going Too Far: Mineral Rights8. Adventures in Land Use Regulation: Zoning and Landmark Preservation9. The Environmental Challenge10. The Exaction GamePart IV: Other Applications11. Rate Regulation12. Intellectual Property13. Final Reflections

Editorial Reviews

"I have always envied Richard Epstein's awesome ability to boil down the complexities into a pure and powerful dose of common sense. In Supreme Neglect, he demonstrates once again that when it comes to private property and economic liberty, he is simply the best there is."--Timothy Sandefur,Senior Staff Attorney, Pacific Legal Foundation, and author of Cornerstone of Liberty: Property Rights in 21st Century America