The proper construction of the compensation clause of the Constitution has emerged as the central legal issue of the environmental revolution, as property owners have challenged a steady stream of environmental statutes that have cut deeply into traditional notions of property rights. When may they justly demand that the state compensate them for the sacrifices they are called upon to make for the common good? Ackerman argues that there is more at stake in the present wave of litigation than even the future shape of environmental law in the United States. To frame an adequate response, lawyers must come to terms with an analytic conflict that implicates the nature of modern legal thought itself. Ackerman expresses this conflict in terms of two opposed ideal types---Scientific Policymaking and Ordinary Observing---and sketches the very different way in which these competing approaches understand the compensation question. He also tries to demonstrate that the confusion of current compensation doctrine is a product of the legal profession's failure to choose between these two modes of legal analysis. He concludes by exploring the large implications of such a choice---relating the conflict between Scientific Policymaking and Ordinary Observing to fundamental issues in economic analysis, political theory, metaethics, and the philosophy of language.

Private property and the Constitution

History

Bruce A. Ackerman

Historical Study & Educational Resources

Yale University Press

The Stakeholder Society

A quarter century of trickle-down economics has failed. Economic inequality in the United States has dramatically increased. Many, alas, seem resigned to this growing chasm between rich and poor. But what would happen, ask Bruce Ackerman and Anne Alstott, if America were to make good on its promise of equal opportunity by granting every qualifying young adult a citizen’s stake of eighty thousand dollars? Ackerman and Alstott argue that every American citizen has the right to share in the wealth accumulated by preceding generations. The distribution of wealth is currently so skewed that the stakeholding fund could be financed by an annual tax of two percent on the property owned by the richest forty percent of Americans. Ackerman and Alstott analyze their initiative from moral, political, economic, legal, and human perspectives. By summoning the political will to initiate stakeholding, they argue, we can achieve a society that is more democratic, productive, and free. Their simple but realistic plan would enhance each young adultís real ability to shape his or her own future. It is, in short, an idea that should be taken seriously by anyone concerned with citizenship, welfare dependency, or social justice in America today.

Business & Money

Anne Alstott

Economics

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Books by Bruce A. Ackerman