This is Part 12 in a series celebrating the 40th Anniversary of Harvard University Press' 1985 publication of Richard A. Epstein's "Takings: Private Property and the Power of Eminent Domain."
We continue our celebration of this anniversary with a fair use and transformative reading, taking a close look at ch. 7 continuing in the same section which Richard calls ""Takings Prima Facia," which takes a look at selling Eagle feathers when mere possession is a crime, as well as rights to disposition in leasehold renewals. He titles chapter 7, "Rights of Disposition and Contract" because he's taking a look at what the judiciary often misses in the panoply of takings reached by the Eminent Domain Clause and the American constitutional order, how these things interact and hang together, ensconced as it is in the purpose of the Constitution. That moral purpose is the protection of individual liberty against claims by a simple majority in a democracy, or judicial or executive fiat, or by the government in any other way in a taking of private property. It's also a good reflection on nature of property per se, whether public or private. For governments are owners as well as takers of property.
Today we discuss his chapter 7 from pp. 74 to the top of p. 80.
At the end, this episode concludes with a Chaplain's corner, with a reading of Psalm 142 in the KJV and January 31st in Streams in the Desert (Cowman Publications, Lost Feliz Station Lost Angeles, Calif. 1925 original non-woke edition).
Excellent stuff here. Excellent.
Every college student should read this book. It's a superb introduction to the political philosophy of the American regime. Praise the Lord.
We'd like to thank Harvard University Press for making this material available and Richard Epstein for writing it.
Make sure you buy the book and follow along.
It's very important for you to have your own copy on your own bookshelf, and to begin to master this material. Support your local book dealer. See if they have a copy of it, or if they'd mind keeping an eye out for you.
I always encourage buying physical books, objects you can have, hold, cherish, learn from, display on your bookshelf as a topic of conversation, things you can pass on to the next generation with your notes in them, things that do not depend upon electricity.
Toward that end:
Go to Harvard University Press for more selections available for purchase. Please support the publisher and your local booksellers.
The Republican Professor is a pro-correctly-contemplating-property-rights podcast.
The Republican Professor is produced and hosted by Dr. Lucas J. Mather, Ph.D.
Warmly,
Lucas J. Mather, Ph.D.
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