Monday, February 6, 2006
Eduardo Penalver (Fordham Law School) has posted Property Metaphors and Kelo v. New London: Two Views of the Castle on SSRN. Here's the abstract:
Much of the public outcry against the Supreme Court's decision in Kelo v. New London can be understood in terms of the public's commitment to the conception of the home as a castle. This familiar metaphor is typically viewed as aligned with libertarian conceptions of property and of the right to exclude, a conception that rules out the exercise of eminent domain altogether. A different understanding of the castle metaphor is possible, however, one rooted in notions of the dignity of homeownership. While such a dignitary understanding of the home as the castle remains true to the intuitions underlying the metaphor, it yields a more flexible stance towards eminent domain.
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