一九世紀アメリカにおける法と経済 : 収用法からみた州政府の経済政策の意義

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It is said that the United States has strictly protected property rights under the Constitution. But rapid economic development beginning in the early 19th century often went forward in contravention of existing property rights where they presented obstacles. The law justifying such procedures was Eminent Domain Law, which was used as a tool of economic development. The law mobilized and redistributed scarce resources, and then used them to promote industrialization. The power to use Eminent Domain belonged to state government and it was exercised through their legislatures and courts. The role of the courts was particularly important. They gradually modified the rule of Common Law and expanded its applicable extent through their judgements. In other words, with the acceleration of industrialization, it became legal to give the power of Eminent Domain to private industries which had no connection with public welfare. Each state granted this power to the builders of highways, canals, railroads and bridges. After the 1850s and 1860s, the Law of Eminent Domain was further extended to private companies in general. The Far West was typical in this respect. Mining, irrigation, lumbering and manufacturing companies, which were clearly not public utility enterprises, were granted Eminent Domain. By the 1910s, however, the nature of Eminent Domain had changed substantially. The granting of Eminent Domain power to private companies was revised and strict limits applied. But Eminent Domain presents the key to the rapid economic development of 19th century Amrica. It is clear that economic policy during that period was not as laissez-faire as people have assumed. On the contrary, there was strong interference in the economy by state governments, and Eminent Domain Law was used actively as their instrument.
社会経済史学会の論文
1995-11-25

一九世紀アメリカにおける法と経済 : 収用法からみた州政府の経済政策の意義

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