The Takings Clause and Human Nature: A Historical Perspective on the Present

February 2006
Citation:
36
ELR 10106
Issue
2
Author
Francisco Benzoni

Editors' Summary: In the United States, property has been viewed as a safeguard on individual autonomy and a necessity for personal freedom. It is therefore no surprise that property rights issues have increasingly become the center of debate, with concerns over environmental protection conflicting with economically self-interested land uses. Yet, as Prof. Francisco Benzoni explains in this Article, understandings of property often grow out of more fundamental conceptions of human nature. While the takings debate seemingly revolves around the proper interpretation of the Takings Clause of the Fifth Amendment of the U.S. Constitution, the core of the conflict lies in divergent understandings of human nature. This Article traces the two dominant understandings of human nature, the liberal and the republican, from the Founding Era through the present U.S. Supreme Court, and argues that the republican social understanding of the human as part of a broader community both clarifies the takings debate and offers a better lens through which to understand the relationship of humans and their environment.

Francisco Benzoni teaches Ethics in Management at Duke University's Fuqua School of Business. He is also a student at Duke Law School. Before joining Fuqua, he was a Research Fellow at Princeton University. And prior to that, he taught business ethics at New York University's Stern School of Business. His research interests focus on ecological ethics and business ethics. He has published in leading journals in his field, including a forthcoming article in the journal Environmental Ethics. In business ethics, he is currently engaged in research on the relation of the business enterprise to human freedom. In ecological ethics, he is working to apply the value theory outlined in his forthcoming book, Ecological Ethics and the Human Soul (Univ. of Notre Dame Press forthcoming 2006), to the political arena, examining the relation between ecology, democracy, and value.
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