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This book examines the central issue in property theory, as it intersects with law: what property is, as an idea, and the power that claimed individual property rights should have against competing public goals. Drawing upon areas as diverse as land use, the body as property, personal information as property, cultural property, and state redistributive claims, the author shows that there are deep reasons for property's protective power, or lack of it, in these and other cases.
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This title chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. It book emphasizes the interplay of law, politics, ideology, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights.
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