In Defense of Property

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University Press of America, 1995 - Business & Economics - 272 pages
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In Defense of Property focuses on the importance of private property and its protection throughout history. Emphasizing the connection between property and propriety, Gottfried Dietze shows how the universal appreciation of property functions as an ethical institution, securing happiness under law and order. Dietze examines property rights within the general, civil rights complex and concludes that property rights, as the oldest officially recognized human right, must be considered on par with rights that came later. Following comments on the strong position of property rights in antiquity and the Enlightenment, In Defense of Property concentrates on developments in France, Germany, and the United States since the eighteenth century. Dietze describes the high degree of protection given to private property during the nineteenth century and the decline of that protection later. Dietze points out the risks of the decline of property rights and suggests ways to stop it. Originally published in 1963 by Henry Regnery Co.
 

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Contents

ATTACKS BY JURISTS
100
RESTRICTION THROUGH INTERPRETATION
108
RESTRICTION THROUGH LEGISLATION
115
CONCLUSION
125
PROPERTY AND DEMOCRACY
128
PROPERTY AND NEW LIBERAL RIGHTS
131
THE THEORY
139
THE PRACTICE
149

THE VITAL IMPORTANCE OF PROPERTY RIGHTS
48
THE IMPORTANCE OF PROPERTY IN MORE ADVANCED SOCIETIES
51
PROPERTY AND LIBERAL RIGHTS IN THE DEMOCRATIC REVOLUTIONS
57
CONCLUSION
63
THE RISE OF PROPERTY IN THE NINETEENTH CENTURY
65
DEFENSE BY VARIOUS SCHOOLS
66
PROTECTION THROUGH LEGISLATION AND ADJUDICATION
71
PROTECTION THROUGH JURISPRUDENCE
84
CONCLUSION
90
THE FALL OF PROPERTY IN THE TWENTIETH CENTURY
93
ATTACKS BY NONJURISTS
95
CONCLUSION
161
THE DECLINE OF PROPERTY SCOPE CONSEQUENCES AND PROSPECTS
164
THE DECLINE OF PROPERTY IN INTERNATIONAL LAW
165
CONSEQUENCES OF THE DECLINE OF PROPERTY RIGHTS
172
SUGGESTIONS FOR IMPROVEMENT
181
THE PROSPECTS OF PRIVATE PROPERTY IN EUROPE AND AMERICA
190
CONCLUDING REMARK
200
NOTES
210
SELECTED BIBLIOGRAPHY
259
INDEX
263
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About the author (1995)

Gottfried Dietze is professor of political science at the Johns Hopkins University. He is the author of Youth, University, and Democracy, America's Political Dilemma: From Limited to Unlimited Democracy, In Defense of Property, and American Democracy: Aspects of Practical Liberalism, the latter available from Johns Hopkins.

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