PropertyProf Blog

Editor: Stephen Clowney
Univ. of Kentucky College of Law

A Member of the Law Professor Blogs Network

Wednesday, October 4, 2006

Dagan on The Social Responsibility of Ownership

Hanoch Dagan (Tel Aviv University) has posted The Social Responsibility of Ownership on SSRN.  Here's the abstract:

Gregory Alexander's new book The Global Debate over Constitutional Property provides a unique opportunity to reflect upon the functions of comparative law and the nature of ownership. This Comment highlights the role of comparative law in upsetting law's tendency to turn contingency into necessity, but also warns against the illusion that comparative law can yield normative conclusions without an independent and critically constructive legal inquiry. The Comment offers such an inquiry in order to substantiate Alexander's call to adopt the German constitutional model of incorporating social responsibility into the concept of property. It studies the reasons as well as the potential risks entailed by such a move, and outlines the contours of a takings doctrine that takes the social responsibility of property owners seriously.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

http://lawprofessors.typepad.com/property/2006/10/dagan_on_the_so.html

Property Theory, Recent Scholarship, Takings | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8356a7b3c69e2

Listed below are links to weblogs that reference Dagan on The Social Responsibility of Ownership:

Comments

Post a comment