Thursday, March 28, 2013

Another Swing at Epstein

After reading Epstein in class and coming together we had become a bit confused about what he meant in Philosophical Implications. On page 171 he talks about how he will show if eminent domain is a civic virtue or a injustice. Under eminent domain the government is to compensate a person for the expropriation of their private land but are not compensated for land expropriation involving zoning ordinances. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. Epstein comes up with a normative theory that casts doubt upon the established view today that the redistribution of wealth is a proper function of government. However, he does not dismiss eminent domain, he claims that in the clause of eminent domain theory there is a theory of political obligation thats holds eminent domain superior to any rival.

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