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Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)

Expropriation and the Challenge to Liberal Thought: Multinormative Management of State... AbstractNineteenth century features the supremacy of the administrative state and the absolutized conception of property, expressing liberalism. By then, lawyers thought of expropriation as a clash between these two values. However, in early twentieth century, as the interventionist state expanded, the public power colludes with private citizens, and the subjects profited from expropriations. This challenged the liberal opposition mentality and was followed by the incorporation of a social conception of property. Throughout one century, the interpretation of expropriation changed as the underlying moral normativity on property changed, prompted by economic modifications, even though the legal texts remained mostly the same. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Administory de Gruyter

Expropriation and the Challenge to Liberal Thought: Multinormative Management of State Intervention beyond the Conflict Liberty vs. Authority: (Brazil, 1826–1930)

de Almeida Costa, Arthur Barrêtto
Administory , Volume 5 (1): 17 – Dec 1, 2020
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Publisher
de Gruyter
Copyright
© 2021 Arthur Barrêtto de Almeida Costa, published by Sciendo
eISSN
2519-1187
DOI
10.2478/adhi-2020-0006
Publisher site
See Article on Publisher Site

Abstract

AbstractNineteenth century features the supremacy of the administrative state and the absolutized conception of property, expressing liberalism. By then, lawyers thought of expropriation as a clash between these two values. However, in early twentieth century, as the interventionist state expanded, the public power colludes with private citizens, and the subjects profited from expropriations. This challenged the liberal opposition mentality and was followed by the incorporation of a social conception of property. Throughout one century, the interpretation of expropriation changed as the underlying moral normativity on property changed, prompted by economic modifications, even though the legal texts remained mostly the same.

Journal

Administory – de Gruyter

Published: Dec 1, 2020

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