The Social Function of Property, Credit, and Capital in the United States

Christopher K. Odinet

doi:10.1007/978-981-13-7189-9_12

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Book chapter

The Social Function of Property, Credit, and Capital in the United States

Christopher K. Odinet

Léon Duguit and the Social Obligation Norm of Property, pp.289-309

Springer Singapore

09/08/2019

DOI: 10.1007/978-981-13-7189-9_12

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Abstract

Leon Duguit’s work on the social function of property has had a significant impact on American law, in ways both direct and indirect. His description of Property rights as moving away from an individualistic-centered theory to one that contemplates collectivism and pluralism—the social solidarity of the law—has touched not only traditional forms of property, such as land, but has also had a profound impact on the how American law addresses the flow of capital and as how it deals with discrimination and historical inequity. This chapter explores Duguit’s Social function theory in American law through the lens of Common interest communities developments, consumer financial protection, and Civil rights legislation.

Capital

CFPB

Civil rights

Common interest communities

Consumer protection

Covenants

Credit

Debt

Dodd-Frank

Fair housing

Finance

Homeowners

Household finance

Housing discrimination

Land restrictions

Loans

Mortgages

Right to exclude

Details

Title: Subtitle: The Social Function of Property, Credit, and Capital in the United States
Creators: Christopher K. Odinet - University of Oklahoma
Resource Type: Book chapter
Publication Details: Léon Duguit and the Social Obligation Norm of Property, pp.289-309
DOI: 10.1007/978-981-13-7189-9_12
Publisher: Springer Singapore; Singapore
Language: English
Date published: 09/08/2019
Academic Unit: Public Policy Center (Archive); Finance; Law Faculty
Record Identifier: 9984283718502771

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