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PROPERTY AND ITS RELATION TO CONSTITUTIONALLY PROTECTED LIBERTY.

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  • Source:
    University of Pennsylvania Law Review, 1986/04/01, Vol: 134, p741
  • Additional Information
    • Author:
      C. EDWIN BAKER
    • Citation:
      134 U. Pa. L. Rev. 741
    • Copyright:
      Copyright (c) 1986 The Trustees of The University of Pennsylvania
    • Abstract:
      This Article considers two interrelated questions. First, what is the appropriate treatment of property issues in constitutional analysis? Second, is government regulation of property or of economic activities different from, and more acceptable than, government regulation of activities -- such as speech, procreation, and association -- that currently receive greater constitutional protection? Specifically, is liberty really more at stake in the second case than in the first? Part I suggests that property performs a number of functions; that these functions implicate several different values; and that constitutional analysis does and should depend on which functions (and hence which values) the challenged governmental practice implicates. Parts II through V build on Part I, developing and evaluating several theoretical arguments that justify collective control -- that is, government regulation -- of many aspects of property. These later portions of the Article lead to the conclusion that this collective control does not necessarily limit, but can further, important aspects of individual liberty. Although this conclusion will not seem surprising in light of existing constitutional jurisprudence, it does respond to recurring reactionary demands for a return to the Lochner approach. 1 The Article also answers those critics of modern constitutional law who claim that a principled justification has never been given for distinguishing currently protected individual liberties from currently unprotected, or minimally protected, economic or property rights. 2 I. DISAGGREGATING THE NOTION OF PROPERTY Property is an aspect of relations between people. It consists of decisionmaking authority. 3 "Authority" refers to the ...
    • Subject Terms:
    • Keywords:
      decisionmaking
      disaggregating
      distinguishing
      constitutional
      justification
      jurisprudence
      governmental
      specifically
      interrelated
      unprotected
    • Accession Number:
      edslexAFC01F33
  • Citations
    • ABNT:
      BAKER, C. E. Property and Its Relation to Constitutionally Protected Liberty. University of Pennsylvania Law Review, [s. l.], v. 134, p. 741, 1986. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428. Acesso em: 8 jul. 2020.
    • AMA:
      BAKER CE. Property and Its Relation to Constitutionally Protected Liberty. University of Pennsylvania Law Review. 1986;134:741. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428. Accessed July 8, 2020.
    • AMA11:
      BAKER CE. Property and Its Relation to Constitutionally Protected Liberty. University of Pennsylvania Law Review. 1986;134:741. Accessed July 8, 2020. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428
    • APA:
      BAKER, C. E. (1986). Property and Its Relation to Constitutionally Protected Liberty. University of Pennsylvania Law Review, 134, 741.
    • Chicago/Turabian: Author-Date:
      BAKER, C. EDWIN. 1986. “Property and Its Relation to Constitutionally Protected Liberty.” University of Pennsylvania Law Review 134 (April): 741. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428.
    • Harvard:
      BAKER, C. E. (1986) ‘Property and Its Relation to Constitutionally Protected Liberty’, University of Pennsylvania Law Review, 134, p. 741. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428 (Accessed: 8 July 2020).
    • Harvard: Australian:
      BAKER, CE 1986, ‘Property and Its Relation to Constitutionally Protected Liberty’, University of Pennsylvania Law Review, vol. 134, p. 741, viewed 8 July 2020, .
    • MLA:
      BAKER, C.EDWIN. “Property and Its Relation to Constitutionally Protected Liberty.” University of Pennsylvania Law Review, vol. 134, Apr. 1986, p. 741. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428.
    • Chicago/Turabian: Humanities:
      BAKER, C. EDWIN. “Property and Its Relation to Constitutionally Protected Liberty.” University of Pennsylvania Law Review 134 (April 1, 1986): 741. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428.
    • Vancouver/ICMJE:
      BAKER CE. Property and Its Relation to Constitutionally Protected Liberty. University of Pennsylvania Law Review [Internet]. 1986 Apr 1 [cited 2020 Jul 8];134:741. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslexAFC01F33&custid=s8280428