The social function of property, credit, and capital in the United States

Abstract

Leon Duguit’swork on the social function of property has had a significant impact on American law, inways 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 community developments, consumer financial protection, and civil rights legislation.