Just Compensation, Incentives, and Social Meanings

In Takings, Efficiency, and Distributive Justice: A Response to Professor Dagan; Glynn Lunney challenged the plausibility and the desirability of the thesis offered in Takings and Distributive Justice (Chapter 5) and proposed an alternative. This chapter compares both approaches. It concludes that Lunney's careful examination of the public choice analysis of takings does refine the theory in Chapter 5. Contrary to Lunney's claims, however, these refinements reinforce-rather than undermine-the viability of the proposed takings doctrine. Sections I and II set the stage by summarizing the principal claims made, respectively, in Chapter 5 and in Lunney's response. Sections III and IV constitute the core of the chapter, vindicating both the plausibility and the normative desirability of the author's proposed doctrine. Section V provides two examples. A brief conclusion follows.