Monday, December 10, 2018

Mirow on Duguit and Property in Argentina

M. C. Mirow, Florida International University College of Law, has posted Léon Duguit and the Social Function of Property in Argentina, which is forthcoming in Léon Duguit and the Social Obligation Norm of Property: A Translation and Global Exploration, ed. Paul Babie and Jessica Viven-Wilksch (Springer):
Despite its early introduction to Argentina in 1911, the doctrine of the social function of property was not quickly appropriated into the Argentine legal system. Only after a period of more than thirty-five years did this concept of property find expression in this country through the Constitution of 1949, the Peronist constitution drafted under the guidance of the Arturo Enrique Sampay. Duguit's writings formed part of a broader understanding of the social function of property that was informed by various scholars and sources, and particularly by works on Christian humanism and the social doctrine of the Roman Catholic church. Although mentioned in the debates of the Argentine Constitution of 1949, Duguit was only one of a variety of sources employed by advocates of the doctrine, and his direct influence in the area was significantly less than one might expect considering the historical link between his lectures in Buenos Aires and the creation of the doctrine.