Evading economic reality-Reference-Cited by-同舟云学术

Evading economic reality

Published:2008-11-14 Issue:6 Volume:50 Page:285-300
ISSN:1754-243X
Container-title:International Journal of Law and Management
language:en
Short-container-title:

Author:

Gordon Brown M.

Abstract

PurposeThe purpose of this paper is too analyze what causes judicial decisions about access impairment in American eminent domain and police power cases to be based on subjective interpretations instead of objective factual evidence about the spatio‐material conditions of access.Design/methodology/approachFollowing a review of commentary on decision making and language in legal contexts, contemporary rhetorical analysis combined with discourse analysis are employed to illuminate inconsistencies of legal terminologies with respect to access.FindingsThe analysis finds that legal terminology of access takings sustains cognitive indeterminacies and prevents the use of standard quantitative approaches to measurement.Research limitations/implicationsThe implications of this research are that access conditions need to be considered in the context of transaction costs based on an underlying ontology of access phenomena.Practical implicationsThis paper calls for changing legal policy so that objective measures of access can be used to evaluate impairment.Originality/valueThis is the first paper to analyze underlying problems in access takings and sets the stage for a more objective and scientific approach to a long unresolved problem involving property takings.

Publisher

Emerald

Reference52 articles.

1. Altman, M. (Ed.) (2005), Handbook of Contemporary Behavioral Economics: Foundations and Developments, M.E. Sharpe, Armonk, NY.

2. American Institute of Real Estate Appraisers (1989), The Dictionary of Real Estate Appraisal, 2nd ed., American Institute of Real Estate Appraisers, Chicago, IL.

3. Amsterdam A.G. and Bruner, J. (2000), Minding the Law, Harvard University Press, Cambridge, MA.

4. Appraisal Institute (1992), The Appraisal of Real Estate, 10th ed., Appraisal Institute, Chicago, IL.

5. Baechler, J. (1980), “Liberty, property and equality”, in Pennock, J.R. and Chapman, J.W. (Eds), Property: Nomos XXII, New York University, New York, NY, pp. 269‐88.