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Commodity and Propriety : Competing Visions of Property in American Legal Thought, 1776-1970 - Gregory S. Alexander

Commodity and Propriety

Competing Visions of Property in American Legal Thought, 1776-1970

Paperback Published: 1st January 1997
ISBN: 9780226013541
Number Of Pages: 486

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Most people understand property as something that is owned, a means of creating individual wealth. But in "Commodity and Propriety," the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as "proprietary," a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods--such as the second half of the nineteenth century--when market forces seemed to dominate social and legal relationships.
In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions.

Introduction Pt
The Civic Republican Culture, 1776-1800 Prologue: Legal Writing in the Civic Republican Era
Thomas Jefferson and the Civic Conception of Property
Time, History, and Property in the Republican Vision
Descent and Dissent from the Civic Meaning of Property Pt
The Commercial Republican Culture, 1800-1860 Prologue: Legal Writing in the Commercial Republican Era
"Liberality" vs. "Technicality": Statutory Revision of Land Law in the Jacksonian Age
James Kent and the Ambivalent Romance of Commerce
Antebellum Statutory Law Reform Revisited: The Married Women's Property Laws
Ambiguous Entrepreneurialism: The Rise and Fall of Vested Rights in the Antebellum Era
Commodifying Humans: Property in the Antebellum Legal Discourse of Slavery Pt
The Industrial Culture, 1870-1917 Prologue: Legal Writing in the Age of Enterprise
The Dilemma of Property in Public Law during the Age of Enterprise: Power and Democracy
The Dilemma of Property in the Private Sphere: Alienability and Paternalism Pt
The Late Modern Culture, 1917-1970 Prologue: Legal Writing in the Twentieth Century - The Demise of Legal Autonomy
Socializing Property: The Influence of Progressive-Realist Legal Thought
Property in the Welfare State: Postwar Legal Thought, 1945-1970
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780226013541
ISBN-10: 0226013545
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 486
Published: 1st January 1997
Publisher: The University of Chicago Press
Country of Publication: US
Dimensions (cm): 22.86 x 16.51  x 3.18
Weight (kg): 0.68
Edition Type: New edition