Gregory Alexander's Global Debate Over Constitutional Property

So what has to my wondering eyes appear in my mail box?  Gregory Alexander's Global Debate Over Constitutional Property: Lessons for American Takings Jurisprudence, which has just been published by the University of Chicago Press.  As soon as I saw it, I knew it was going to be a late night.  (As dedicated propertyprof readers know, I'm a huge fan of Commodity and Propriety, so I've been eagerly awaiting Global Debate.  Ben Barros announced it here.)

Alexander looks at constitutional respect for property in three countries: the US, Germany, and South Africa.  He's aiming at some huge issues: does constitutional protection for private property facilitate democracy or hinder it.  That's about the meta-most of meta issues for property.  Alexander's cautious about whether making property special--I think he calls this view "uber property"--and thus removing it from the normal political process is a good idea.  The comparative project is particularly important in an area like property, because it gives us a sense of the boundaries of the field.

Alexander contextualizes the respect of cultures for private property and emphasizes the importance of contextualizing:

Constitution makers need to understand that property clauses do not all have the same valence.  Any analysis of the effects of such clauses must pay close attention to exogenous local factors, what I have called background traditions and cultures.  Any analysis that neglects these factors is the sheerest form of empty formalism. (62)

We're going to be returning to this book for insights for a long time.

Alfred L. Brophy
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