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A Conversation with Robert Post on the Taft Court
We the People
Reconceptualizing Property Rights in the 1920s
In the 1920s, the understanding of property rights did not sharply distinguish between personal and property rights as it is done today. Back then, the right to participate in the market and accumulate property was considered personal and necessary for building character. Property was seen as a form of discipline, and court decisions revolved around questions such as taxing Native American property.
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