The Effects of Legal Systems on Eminent Domain Practices in China and the US
- https://doi.org/10.2991/assehr.k.220504.025How to use a DOI?
- Eminent Domain; Hayek; Common Law; Civil Legal System; Law; Legislation and Liberty
Eminent domain is the act of a government to expropriate private property. Almost by definition, expropriation involves a conflict between the government and individual interests. Therefore, the laws pertaining to it have historically been the subject of controversy. China and the US have perhaps the two most ideologically diverse governments in the world, and it seems only natural that eminent domain laws are observed very differently in those two places. While it is tempting to dismiss the difference as arising solely out of government ideologies, Hayek’s comparative analysis of legal systems and the common law system in particular in his book Law, Legislation and Liberty points to another potential cause for this difference in legal practice. This research explores this alternative explanation, using Hayek’s theories in that book and in Individualism and Economic Order to argue that the common law system is integral to protecting individual rights in situations like eminent domain.
- © 2022 The Authors. Published by Atlantis Press SARL.
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Cite this article
TY - CONF AU - Mingde Ju PY - 2022 DA - 2022/06/01 TI - The Effects of Legal Systems on Eminent Domain Practices in China and the US BT - Proceedings of the 2022 8th International Conference on Humanities and Social Science Research (ICHSSR 2022) PB - Atlantis Press SP - 132 EP - 138 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220504.025 DO - https://doi.org/10.2991/assehr.k.220504.025 ID - Ju2022 ER -