Commodity & Propriety: Competing Visions of Property in American Legal Thought, 1776-1970

Most people understand property as something that is owned, a means of creating individual wealth. But in __Commodity and Propriety__, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as __proprietary__, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods—such as the second half of the nineteenth century—when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions. Property usually is understood as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory S. Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has held influence even in periods -- such as the second half of the nineteenth century -- when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions."Nothing even comes close to canvassing this territory in the detailed and comprehensive way this terrific book does". -- Joseph W. Singer, Harvard Law School Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity and Propriety, the first full-length history of the meaning of property, Gregory Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. This view of property has even operated in periods--such as the second half of the nineteenth century--when market forces seemed to dominate social and legal relationships. In demonstrating how the understanding of property as a private basis for the public good has competed with the better-known market-oriented conception, Alexander radically rewrites the history of property, with significant implications for current political debates and recent Supreme Court decisions. -- Provided by publisher Most People Understand Property As Something That Is Owned, A Means Of Creating Individual Wealth. But In Commodity & Propriety, Gregory S. Alexander Uncovers In American Legal Writing A Competing Vision Of Property That Has Existed Alongside The Traditional Conception. Property, Alexander Argues, Has Also Been Understood As Proprietary, A Mechanism For Creating And Maintaining A Properly Ordered Society. The Real Tradition In American Legal Thought About Property Can Be Discovered In The Ongoing Debate Over The Priority Of The Market Versus The Social Good. Pt. 1. The Civic Republican Culture, 1776-1800 -- Pt. 2. The Commercial Republican Culture, 1800-1860 -- Pt. 3. The Industrial Culture, 1870-1917 -- Pt. 4. The Late Modern Culture, 1917-1970. Gregory S. Alexander. Includes Bibliographical References (p. 387-470) And Index. Includes Bibliographical References (pages 387-470) And Index. "Most people understand property as something that is owned, a means of creating individual wealth. But in Commodity & Propriety, Gregory S. Alexander uncovers in American legal writing a competing vision of property that has existed alongside the traditional conception. Property, Alexander argues, has also been understood as proprietary, a mechanism for creating and maintaining a properly ordered society. The real tradition in American legal thought about property can be discovered in the ongoing debate over the priority of the market versus the social good."--BOOK JACKET. A history of the meaning of property, this text aims to uncover in American legal writing a competing vision of property which has existed alongside the traditional conception. It argues that property has also been understood as propriety, a method for creating and maintaining an organized society. LEGAL WRITING IN THE late eighteenth century was strikingly different from what it is today.