Theorizing Revolutionary Property: Mexico's Tardive Turn towards Leon Duguit and the Social Function of Property

Document Type

Article

Publication Date

2023

Excerpt

This study addresses how, why, and when Léon Duguit's concept of the social function of property became associated with the Mexican Constitution of 1917's famous provision on property, Article 27.1 Even the most complete studies of Article 27 have skirted the question of the adhesion of this French socio-legal theorist's paradigmatic reconceptualization of property to the famed Mexican article.2 As explained here, more than twenty-five years after the promulgation of Article 27, this provision became commonly associated with the name Léon Duguit. This article examines Mexico's tardive scholarly turn to Duguit as a theoretical basis of Article 27. It provides a history of the introduction of Duguit’s work and his theory of the social function of property to the Mexican constitutional discourse on property.

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