The Effects of Legal Systems on Eminent Domain Practices in China and the US

DOI

10.2991/assehr.k.220504.025How to use a DOI?

Keywords

Eminent Domain; Hayek; Common Law; Civil Legal System; Law; Legislation and Liberty

Abstract

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.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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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  - 10.2991/assehr.k.220504.025
ID  - Ju2022
ER  -