Description
Book SynopsisIf legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.
Trade ReviewA dazzling book, filled with brilliant insights and powerful arguments that promise to reshape our thinking in political philosophy. * Laissez Faire Books *
This brilliant new book has the intriguing thesis that the eminent domain (or ‘takings’) clause of the United States Constitution, properly understood, provides clear limits to government power, protects private property, and forbids any legislation that has the effect of redistributing wealth… It would be hard to overestimate [its] importance. * The Freeman *
Takings…makes a fascinating case that the New Deal is, simply, unconstitutional. * Wall Street Journal *
[Epstein] combines legal scholarship and libertarian conviction to produce a brief against the destruction of property rights in modern America… A refreshing challenge to most conventional defenses of the welfare state. * National Review *
Table of ContentsPhilosophical Preliminaries A Tale of Two Pies Hobbesian Man, Lockean World The Integrity of Constitutional Text Takings Prima Facie Takings and Torts Partial Takings: The Unity of Ownership Possession and Use Rights of Disposition and Contract Taking from Many: Liability Rules, Regulations, and Taxes Justifications for Takings The Police Power: Ends The Police Power: Means Consent and Assumption of Risk Public Use and Just Compensation Public Use Explicit Compensation Implicit In-Kind Compensation Property and the Common Pool Regulation Taxation Transfer Payments and Welfare Rights Conclusion: Philosophical Implications Index of Cases General Index
