Private Property and the Constitution

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Bruce Ackerman

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Description Reviews

A study of the uncertain constitutional foundations of private property in American law and a discussion of two vastly different methods by which courts may resolve the confusion.

"Ackerman's analysis reveals that the incoherent state of the law of just compensation arises from the grounding of the traditional legal doctrine in ordinary observation, while the sophisticated writings of legal scholars and judicial opinions are expressed in scientific policymaking terms. In an area of the law where darkness has lingered for so long, this book sheds new light."—Library Journal

"In this exercise of legal scholarship, Ackerman undertakes a reconsideration of compensation law in the context of vast changes about property and its uses posed by activist governments. In a word, compensation law is muddled. Conceptual and analytic conflicts abound. The author seeks to ntangle these through closely reasoned arguments. . . . The work is distinguished by the use of the contributions of, among others, legal scholars, philosophers, political theorists, and economic analysts. . . . Ackerman's extensive use of philosophical argument should delight students of political and legal theory."—The Annals

"A welcome and significant addition to this growing body of literature. The intellectual problem which Professor Ackerman attempts to unravel is simply put: How is is that courts have responded to questions arising under the 'taking' clause of the Fifth Amendment in such a confused, unsystematic, and unintelligible fashion? . . . Ackerman has provided an important starting point for a much-needed dialogue on the taking clause, and the patient reader will be well rewarded by a careful study of this stimulating book."—Peter Simmons, Real Estate Law Journal

"It is the clearest discussion of jurisprudence or legal process that I have read."—Richard A. Posner

ISBN: 9780300022377
Publication Date: September 10, 1978

311 pages, 5 1/2 x 8 1/4

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