Mike Konczal talks property and criminal justice over at Rortybomb.
It’s an excellent post. You really do need to read it. And I’m sure plenty of people here at the League will have something to say about it. In it, he tracks the evisceration of “liberal philosophy” through attacks from both Conservatives and Progressives in the area of criminal law and prosecution, before bring it all back to this case.
Here’s a taste,
“There’s not enough space here to really dive into it, but there’s a mind-blowing legal realist seminar on the “Myth of Ownership” taking place in the realm of “asset forfeitures” criminal justice policy right now. The government sues property and money for being illegitimate under civil law; the government can seize the proceeds of the trade of contraband as well as property instrumental to that transaction. If you drive a car solely to sell contraband, and use the surplus of those sales to buy a home, what property claim can you have to own that car or that house? Here the government is actively creating and policing the boundaries and relationships of property through denying its existence as legitimate “property,” all done under criminal law.”