Jump to ContentJump to Main Navigation
Property and Human Flourishing$
Users without a subscription are not able to see the full content.

Gregory S. Alexander

Print publication date: 2018

Print ISBN-13: 9780190860745

Published to Oxford Scholarship Online: March 2018

DOI: 10.1093/oso/9780190860745.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 March 2021

Expropriations and Eminent Domain

Expropriations and Eminent Domain

Chapter:
(p.209) 7 Expropriations and Eminent Domain
Source:
Property and Human Flourishing
Author(s):

Gregory S. Alexander

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190860745.003.0007

The power to expropriate land for the common good can be understood in terms quite different from those that are usually offered. The justification for expropriation here rests on a conception of property’s underlying purpose as promoting human flourishing. The forced sale of land is necessary to create and maintain the material conditions that are necessary prerequisites for all members of society to have well-lived lives. Specifically, these material conditions include a certain physical infrastructure that is necessary for individuals to develop human capabilities. Kelo v. City of New London is an appropriate case to use as a vehicle for considering how the human flourishing theory addresses the public use requirement. This chapter examines Kelo from a comparative perspective, using German constitutional law to see how a more overtly purposive method of reasoning can clarify when it is legitimate for the state to force sales of private property and when it is not.

Keywords:   expropriations, public use, purposive, Kelo, private property

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .