This book offers a new interpretation of German law and politics during the era between the Thirty Years’ War and the French Revolution. Liberal ideas of freedom and equality were prototyped in Germany in property law: through the free disposition of estates, freedom from taxation and other extractions, and free use of paper money. Civil liberty, ideas about equality, and restrictions on arbitrary state power were real, recognized, and meaningful. These freedoms were enjoyed by all classes of Germans. They were thought to have been built atop Germans’ ancient heritage of freedom and a federalist imperial constitution which inspired Montesquieu and the American Founders. Driving these trends were ideas about political economy, enlightened reform, practical problem-solving, as well as forces of supply and demand in everything from the market for books to the market for justice. This book places the story of early modern German freedom close by the side of more familiar stories of England, North America, France, and the Netherlands.

By reinterpreting German law and politics between the Peace of Westphalia and the French Revolution, this book demonstrates that the growth of civil liberties and legal equality was shaped by institutional pressures resulting from state competition, commercialization, and population growth.

The theme of property is directly relevant to some of the most divisive social and political issues today, such as wealth inequality and the question of whether governments should limit it by introducing measures that restrict the right to property. Yet what is property? And when seeking to answer this question, do we tend to identify the concept with just one dominant historical form of property? In this book, David James reconstructs the theories of property developed by four key figures in classical German philosophy - Kant, Fichte, Hegel and Marx. He argues that although their theories of property are different, the concept of social recognition plays a crucial role in all of them, and assesses these philosophers' arguments for the specific forms of property they claim should exist in a society that is genuinely committed to the idea of freedom.

This book provides a detailed account of the role of property in German Idealism. It puts the concept of property in the center of the philosophical systems of Kant, Fichte, and Hegel and shows how property remains tied to their conceptions of freedom, right, and recognition.The book begins with a critical genealogy of the concept of property in modern legal philosophy, followed by a reconstruction of the theory of property in Kant's Doctrine of Right, Fichte's Foundations of Natural Right, and Hegel's Jena Realphilosophie. By turning to the tradition of German Rechtsphilosophie as opposed to the more standard libertarian and utilitarian frameworks of property, it explores the metaphysical, normative, political, and material questions that make property intelligible as a social relation. The book formulates a normative theory of property rooted in practical reason, mutual recognition, and social freedom. This relational theory of property, inspired by German Idealism, brings a fresh angle to contemporary property theory. Additionally, it provides crucial philosophical background to 19th-century debates on private property, inequality, labor, socialism, capitalism, and the state.The Concept of Property in Kant, Fichte, and Hegel will appeal to scholars and advanced students interested in 19th-century German philosophy, social and political philosophy, philosophy of law, political theory, and political economy

Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property. A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.

The racist legacy behind the Western idea of freedom The era of the Enlightenment, which gave rise to our modern conceptions of freedom and democracy, was also the height of the trans-Atlantic slave trade. America, a nation founded on the principle of liberty, is also a nation built on African slavery, Native American genocide, and systematic racial discrimination. White Freedom traces the complex relationship between freedom and race from the eighteenth century to today, revealing how being free has meant being white. Tyler Stovall explores the intertwined histories of racism and freedom in France and the United States, the two leading nations that have claimed liberty as the heart of their national identities. He explores how French and American thinkers defined freedom in racial terms and conceived of liberty as an aspect and privilege of whiteness. He discusses how the Statue of Liberty—a gift from France to the United States and perhaps the most famous symbol of freedom on Earth—promised both freedom and whiteness to European immigrants. Taking readers from the Age of Revolution to today, Stovall challenges the notion that racism is somehow a paradox or contradiction within the democratic tradition, demonstrating how white identity is intrinsic to Western ideas about liberty. Throughout the history of modern Western liberal democracy, freedom has long been white freedom. A major work of scholarship that is certain to draw a wide readership and transform contemporary debates, White Freedom provides vital new perspectives on the inherent racism behind our most cherished beliefs about freedom, liberty, and human rights.

Property, asserts Richard Pipes, is an indispensable ingredient not only of economic progress but also of liberty and the rule of law. In his new book, the Harvard scholar demonstrates how, throughout history, private ownership has served as a barrier to the power of the state, enabling the Western world to evolve enduring democratic institutions. He traces the development of private property, beginning with ancient Greece and Rome, where property rights in the modern sense first made their appearance. He explains how notions of ownership matured in late medieval times with the great expansion of commerce and the growth of cities. He shows how England, as the first country to treat land as a commodity and to develop a robust defense of property rights, also became the first to institute a parliamentary government capable of restraining the powers of royalty. In pre-nineteenth-century Russia, on the other hand, the absence of private land ownership deprived its citizens of the leverage to limit the authority of their tsars. Pipes describes the attitudes toward property of twentieth-century totalitarian states and points out that in the United States the protection of private property, rooted in the principles of the Founding Fathers, has been a major contributor to the commonweal. However, he warns that contemporary trends in the treatment of property--in a century that, he suggests, has been unfavorable to the institution--threaten to undermine the rights of citizens. And he makes clear why he believes that excessive interference by government, even when intended to promote the "common good," could lead to a diminution of freedom.

This book investigates the role of bourgeoisie society and the political developments of the nineteenth century in the peculiarities of German history. Most historians attribute German exceptionalism to the failure or absence of bourgeois revolution in German history and the failure of the bourgeoisie to conquer the pre-industrial traditions of authoritarianism. However, this study finds that there was a bourgeois revolution in Germany, though not the traditional type. This so-called silent bourgeois revolution brought about the emergence and consolidation of the capitalist system based on the sanctity and disposability of private property and on production to meet individual needs through a system of exchange dominated by the market. In this connection, this book proposes a redefinition of the concept of bourgeois revolution to denote a broader pattern of material, institutional, legal, and intellectual changes whose cumulative effect was all the more powerful for coming to be seen as natural.