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Howard Fine's avatar

Our peculiar form of American democracy has always grounded its concept of freedom in the protection of property rights. Legal and political systems were designed to secure ownership and commerce, with true human rights only emerging later, after generational movements forced the nation to reconcile economic priorities with the moral ones also outlined in the Constitution. Thethese generational struggles, took the lives of many people as well as the personal, professional, and financial sacrifice of many others. At various moments, human rights have gained temporary primacy, but the institutional framework continues to favor property as the more stable and legally protected form of “freedom”.

This is the space where powerful corporate interests and other elites with narrow, self-serving agendas can assert their wealth to capture regulatory and legal mechanisms, cementing and entrenching their position. It is also the space where social movements can rise to confront the harms of that capture and press for change.

If this pattern is structural rather than accidental, the next struggle may be to pass laws that blunt the power of capture itself and better defend against exploitation of this space. A coherent package of legal reforms such as truly progressive taxation, campaign finance and court reform, universal health care, and a robustly funded public education system, including universal pre-K and free university and trade-school options, in addition to higher wages for teachers would not only strengthen society and raise living standards but also weaken the mechanisms of capture…hopefully.

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