La's Limits Rule of La and the Supply and Demand of Rights [Hardcover]

This 2002 book demonstrates how property law and rights shift and cycle in the US.What law is, can be or ought to be is determined by the character of those institutions that make, interpret and enforce law. The interaction of these institutions molds the supply of and demand for law. Focusing on this interaction in the context of US property rights law and the debates about private property and the rule of law, this book paints an unconventional picture of law and rights shifting and cycling as systemic factors, such as increasing numbers and complexity, strain both supply and demand. Although there may be an important role for law, rights and courts both in the US and abroad, it can not be facilely defined. This book proposes a way to define that role and to reform legal education and legal analysis.What law is, can be or ought to be is determined by the character of those institutions that make, interpret and enforce law. The interaction of these institutions molds the supply of and demand for law. Focusing on this interaction in the context of US property rights law and the debates about private property and the rule of law, this book paints an unconventional picture of law and rights shifting and cycling as systemic factors, such as increasing numbers and complexity, strain both supply and demand. Although there may be an important role for law, rights and courts both in the US and abroad, it can not be facilely defined. This book proposes a way to define that role and to reform legal education and legal analysis.Focusing on U.S. property rights law and the notions of private property and the Rule of Law, this book paints an unconventional picture of law and rights in general. Law and rights shift and cycle as systematic factors like increasing numbers and complexity produce tough institutional choices and unexpected combinations of goals and institutions, such as private property best protected by the unconstrained political process and communitarian vall£7