Bruce Ackerman
Autore di The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy
Sull'Autore
Bruce Ackerman is Sterling Professor of Law and Political Science, Yale University
Fonte dell'immagine: Bruce Ackerman on France 24 interview, 04/12/2010
Serie
Opere di Bruce Ackerman
The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy (2005) 225 copie
Redesigning Distribution: Basic Income and Stakeholder Grants as Cornerstones for an Egalitarian Capitalism (2006) 17 copie
Clean Coal/Dirty Air: or How the Clean Air Act Became a Multibillion-Dollar Bail-Out for High-Sulfur Coal Producers… (1981) 13 copie
La Costituzione di emergenza: come salvaguardare libertà e diritti civili di fronte al pericolo del terrorismo (2005) 3 copie
Opere correlate
Etichette
Informazioni generali
- Nome legale
- Ackerman, Bruce Arnold
- Data di nascita
- 1943-08-19
- Sesso
- male
- Nazionalità
- USA
- Luogo di nascita
- New York, Etats-Unis
- Luogo di residenza
- New Haven, Connecticut, USA
- Istruzione
- Harvard University (BA)
Yale Law School (LLB) - Attività lavorative
- professor (Law)
lawyer - Relazioni
- Rose-Ackerman, Susan (wife)
- Organizzazioni
- American Law Institute
American Academy of Arts and Sciences
Yale University (Law School) - Premi e riconoscimenti
- Commander of the French Order of Merit
Henry Phillips Prize for Lifetime Achievement in Jurisprudence - Breve biografia
- Bruce Ackerman (1943- ), American constitutional law scholar; Sterling Professor of Law and Political Science at Yale Law School since 1987; full name: Bruce Arnold Ackerman
Utenti
Recensioni
Premi e riconoscimenti
Potrebbero anche piacerti
Autori correlati
Statistiche
- Opere
- 36
- Opere correlate
- 1
- Utenti
- 930
- Popolarità
- #27,610
- Voto
- 3.8
- Recensioni
- 11
- ISBN
- 76
- Lingue
- 7
The difficulty with these kinds of books is that I have no clue if the ideas are still relevant or if major case law has changed the playing field. I have yet to take take property, so the problems are compounded.
However, the good news about the book is that it is barely about property law. Ackerman is more interested in using the takings clause as an illustration of the two types of ideal legal philosophies and their implications. Ackerman argues that the struggle in the compensation clause is really a struggle between what he calls ordinary observers and scientific policymakers. Ordinary observers are those who wish to use ordinary non-technical language in order enforce dominant social expectations, while scientific policymakers want to use a highly developed technical language to conform the law to some master comprehensive principle, whether it is law and economic's efficiency, Bentham's utility or Kant's deontology (Ackerman sees Rawls as a promising way of transforming Kant from theoretical to applicable). Ackerman further draws distinctions between judges' willingness to defer to the other political branches and the judges' willingness to redistribute wealth. The ideal types are interesting, and Ackerman's explanation of the implications for each theoretical framework is illuminating.
Ackerman's main thesis is that takings clause is dominated by ordinary observer philosophy. According to Ackerman, the law tries to organize takings jurisprudence around common social understandings of property and takings rather than the legal meaning of property. Such an explanation drives why the takings clause will compensate someone who has their property explicitly taken or destroyed by the state by not when the value of their property is destroyed by regulation. However, Ackerman argues that this view has become incoherent over time, and is being challenged by scientific policymakers. Scientific policy makers wish to base takings jurisprudence on the legal understanding of property as bundles of legal rights, and conform the distribution of these rights to some master principle. Ackerman clearly, approves of the rise of scientific policy makers, but takes great lengths to explain the nuances of each position, their conflicts and areas of agreement.
Overall, the writing is very fluid, and it's fun seeing Ackerman apply utility, Kant and even Hegel to the law. It's clearly written by a lawyer, most of the book is probably disclaimer and qualifications! A good read overall, even if the law is not current.… (altro)