Abstract
Abstract definitions of property, and explanations of the economic and libertarian benefits of a private property system, are important to any defense of private property. But it is all academic, as they say, if property rights exist only in theory. The recognition and enforcement of property rights is what finally matters to the realization of promised benefits, and the state is necessary to both. But as history amply demonstrates, the state also poses a serious threat to property rights. Absent adequate and effective controls, the immense powers of the state can be employed in service to those who would seek to benefit from the property of others.
Keywords
Criminal Justice Private Property Property Owner Private Party Police Power
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Notes
- 2.See Oliver Wendell Holmes, The Path of the Law, 10 HARV. L. REV. 457 (1897).Google Scholar
- 6.See Ernst Freund, The Police Power: Public Policy and Constitutional Rights 3–6 (1904).Google Scholar
- 7.Richard Conniff, Abolish All ‘Taxes,’ N.Y. TIMES, April 15, 2008, at A23.Google Scholar
- 9.Richard Epstein, Takings: Private Property and the Power of Eminent Domain 99–100 (1985).Google Scholar
- 10.See Bruce Benson, The Enterprise of Law: Justice Without the State (1990).Google Scholar
- 11.Felix S. Cohen, Dialogue on Private Property, 9 Rutgers L. Rev. 357 (1954).Google Scholar
Copyright information
© James L. Huffman 2013