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[The Indeterminate Place of Property]
1Lehrstuhl für Politikwissenschaft/Politische Theorie, Philosophisch-Sozialwissenschaftliche Fakultät, Universität Augsburg, Augsburg, Deutschland.
Politische Vierteljahresschrift
|December 27, 2021
Summary
Political contestation of private property is rising, with expropriation demands resurfacing. This study examines expropriation within democratic rule of law, highlighting its challenges using Weimar Republic debates.
Area of Science:
- Political Science
- Legal Theory
Context:
- Growing political challenges to private property norms.
- Resurgence of expropriation as a political concept.
- Expropriation debates in the Weimar Republic.
Purpose:
- To conduct a political-scientific examination of expropriation.
- To analyze expropriation within the framework of democratic rule of law.
- To explore the concept's implications for property order contestation.
Summary:
- The article investigates expropriation, analyzing its tension with constitutional property guarantees.
- It highlights how expropriation reveals inherent contradictions within democratic rule of law.
- The study contrasts Carl Schmitt's restrictive view with Otto Kirchheimer's expansive interpretation of expropriation.
Impact:
- Provides a theoretical-historical analysis of expropriation debates.
- Offers a political science framework for understanding contemporary expropriation discussions.
- Utilizes the Weimar Republic as a case study to illuminate crisis-driven legal and political thought.
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