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Private Property and Public Welfare

Alan Brudner

in Philosophical Foundations of Property Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199673582
eISBN:
9780191751721
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673582.003.0004
Subject:
Law, Philosophy of Law, Company and Commercial Law

This chapter argues that Hegel’s theory of the relation between property and the state understands the Fifth Amendment’s takings clause. The chapter is organized as follows. Sections 2 and 3 expound ... More


Criminal Procedure

Michael S. Pardo and Dennis Patterson

in Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199812134
eISBN:
9780199368594
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199812134.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter examines the three primary constitutional provisions that limit the gathering and use of neuroscientific evidence by the government: the Fourth Amendment, the Fifth Amendment privilege ... More


Magna Carta and the Hidden Wiring of the Common Law

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter argues for the enduring influence of Magna Carta and its contributions to the development of the common law. Magna Carta’s genius lies in its malleability—it has been added to, ... More


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