Order from Transfer
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Order from Transfer

Comparative Constitutional Design and Legal Culture

Edited by Günter Frankenberg

Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law.
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Chapter 15: Leon Duguit’s influence in Colombia: the lost opportunity of a potentially progressive reform

Helena Alviar García


Since the early 1900s, constitutions in Latin America have included the social function of property, a limitation on property as a natural, fundamental, individual right, which in turn demands a more active role for the state in order to promote social policy. The need for this rethinking of the absolute content of property was triggered both in Europe and Latin America by the starkly unequal distribution of land that characterized the late 19th and early 20th centuries. In one of the best articles about land reform and the social function of property, Thomas T Ankersen and Thomas Ruppert describe this shift in the following terms:

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