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Commodity & Propriety: Competing Visions of Property in American Legal Thought
 
 
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Commodity & Propriety: Competing Visions of Property in American Legal Thought [Hardcover]

Gregory S. Alexander (Author)

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Book Description

0226013537 978-0226013534 February 3, 1998 1
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.

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About the Author

Gregory S. Alexander is the A. Robert Noll Professor of Law at Cornell Law School. He is the author or coauthor of several books, including Global Debate over Constitutional Property: The Competing Visions of Property in American Legal Thought, also published by the University of Chicago Press.

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First Sentence:
LEGAL WRITING IN THE late eighteenth century was strikingly different from what it is today. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
proprietarian conception, marketability policy, commodified conception, spendthrift trust doctrine, entrepreneurial republicans, commodity conception, entrepreneurial republicanism, vested rights doctrine, commodified property, civic republican discourse, affectation doctrine, commodified understanding, slavery theorists, academic legal writing, dynastic trusts, trust restraints, republican property, proper social order, commercial republicanism, free alienability, equitable estate, political relativism, statutory revision, marital property law, republican meaning
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, United States, Supreme Court, New Deal, Civil War, Dartmouth College, Adam Smith, Kent's Commentaries, Legal Realism, New England, Social Security, John Adams, Scottish Enlightenment, Shelley's Case, Legal Realists, South Carolina, Granger Cases, Thomas Jefferson, Van Buren, Alexander Hamilton, Blackstone's Commentaries, Gilded Age, Illinois Central, James Kent, Milwaukee Road
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