Tuesday, September 28, 2010
M.C. Mirow (Florida International) has posted The Social-Obligation Norm of Property: Duguit, Hayem, and Others, Florida Journal of International Law, Vol. 22, pp. 191-226, 2010 . The abstract:
This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the development of Duguit's ideas. Hayem should be restored as a central influence on Duguit's thought and as one of the main and earliest proponents of the idea of the social-function norm. The article also examines the influence of Charmont, Comte, Durkheim, Gide, Hauriou, Landry, and Saleilles in Duguit's thought on property and its social function.
Of course Mirow's invocation of the social-obligation norm builds on Gregory Alexander's recent work and the Statement of Progressive Property (a/k/a the "Cornell Manifesto") that highlighted last year's fascinating special issue from the Cornell Law Review.