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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)

Open Access
|May 2021

Abstract

Nineteenth 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.

Language: English
Page range: 79 - 95
Published on: May 24, 2021
Published by: University of Vienna
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2021 Arthur Barrêtto de Almeida Costa, published by University of Vienna
This work is licensed under the Creative Commons Attribution 4.0 License.