Document Type
Article
Publication Title
Chapman Law Review
Abstract
In this Foreword I wish to look at the question of takings and economic liberties from what I like to call, only half-facetiously, "necessary history." The purpose of this exercise is to show that there are certain powerful principles to which any conscientious application of constitutional discourse or doctrine must turn if it is to meet the minimum standards of intellectual coherence and practical common sense. In my view, this form of history is not clause-bound in any strict sense of the term, but rather rests on the broader considerations of the proper relationship between an individual and the state, or, in some cases, the relationships between states in a federal system to each other and to the national government.
First Page
1
Volume
6
Publication Date
2003
Recommended Citation
Epstein, Richard A., "The "Necessary" History of Property and Liberty" (2003). Faculty Articles. 250.
https://gretchen.law.nyu.edu/fac-articles/250
