Publication Date

5-1996

Journal

Georgetown Law Journal

Abstract

The article critiques the incoherence of takings jurisprudence under the Fifth and Fourteenth Amendments, arguing that property rights cannot be understood as absolute or natural but must be viewed through the lens of Hegelian dialectics. It contends that property is a socially constructed concept requiring pragmatic reasoning to balance individual rights and communitarian limits. The analysis emphasizes that the determination of when regulation constitutes a taking cannot be resolved through rigid legal frameworks but demands a pragmatic approach, as the balance between individualistic and communitarian interests is inherently empirical and subjective.

Volume

84

Issue

5

First Page

1531

Last Page

1570

Publisher

Georgetown University Law Center

Disciplines

Jurisprudence | Law | Sexuality and the Law

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