Takings Prima Facie: the Private Law Analogy in Government Takings of Private Property and Torts Pt7
This is Part 7 in a series noting that 2025 is 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, continuing and now beginning chapter 4 in a new section which Richard calls ""Takings Prima Facia," which makes the analogy between private law takings in the common law harm tradition and the public law takings where the government is a defendant. He titles chapter "Takings and Torts," because he's taking a look at political philosophy and the American constitutional order, how these things interact using argument by analogy with the common law/private law tradition, 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 by the government in a taking of private property.
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.
This special episode includes readings from "Streams in the Desert" January 16th (Cowman Publications, Los Angeles Los Feliz Station, 1925) and Psalm 25 at the very end of the episode.
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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