Futhermore, land as property in its origin is a system that was erimently suitable for a society that was based and centred on the land, and appropriate to the simple rotion preciaity in a feudal population, but in seiceral respect it gradually came to outline the reason for its existence it tended to become stat6ic rules that were in harmonry with early eviroment lived on long after they had become anactivorisus law will wittier unless it expands to keep pace with the progressuice ideas of an adicacing community but in this particular context the rigidity and formalism of the common lawyers relanded the process, and though equity interlieced to great effect in several directions the few reforms attempted by the legislation before the first quarter of the nineteenth century ####### served to complicate rather than to simplify the law. Statutory reform, however, began in earnest after the report of the real property commission in 1829. Although the commissioner began their report by saying that department of the English law “appears to come almost as near to perfection as can be expected in any human institution”they never the less went on to express their opion that they modes by which interest in land were created, transferred and secured had become unnecessary defective and that the demanded sustential alteration the results of this view was that on their recommendation of a number of statutes were passed bebetween 1832 and 1837 which swept away many impediments to the smooth operation of the law, the chair of this were as follow:
Prescription Act 1832,
Flues and Recoveries Act 1833,
Real property limitation Act 1833,
Power act 1833,
Inheritence Act 1833, and
Will Act 1837.
Also this ownership of property within the fairly also indicates the way in which “property equal power” this is seen in the story of H.A. Jacobs incidents in the life of a slave (1861) in which a child born as a slave narrated his experience in life, as a slave child of a slave parent. One can clearly see how slaves were being seen as object of property durning the middead perioed onward.
Property here as a powe relationship is excedent in the fact that a person has the right to own anything and may direct his will upon any object, as his real and posituce land. A relationship already exited when a man passes possession onto antother in his will. Because property is thus an essential element of (human) self control, see themselves as free agents the ninethenth century saw an acceleration of a process begain at least a hundred years earlier, then development of new kinds of property , in the years after Locke wrote, the common lands of England were subjected to a continuos and relentless privatisation by the enclosure Acts, and the rural poor found themselves in a new and desperate situation paralled to these enclosure can the criminalistion of what had been customery rights, and the bloody panal code which was designed by, and in order to protect, men of property who used Locke as their justification.
Futhermore, the number of capital statutes grew from about so to over 200 between the years 1688 and 1820. almost all of them concerned offences against property.
This flood of legistlation is one of the great facts of the eighteenth century and it occurred in the period whe peers or people. The Glorious revolution of 1688 established the freedom not of men, but of men of property. Nature and, implicity by god Williams Blackstone, the most famous eightenthcentury writer on the the law and constitution, declears it self- evident that “there is nothing which so generally strikes the imagination, and enigages the affections of mankind, as the right of property, or that sole and despotic dominion which one man claims and exercise once external things, again and again the voices of money and power declared the sacredness of property in terms wether to resericed for human life. Banks were credited with souls and the circulation of gold likened to uiate of blood. Forgers for example, were almost unicariably lawyed, and gentlemen knew why “ Forgery is a stab to commerce, an only to be to cerated in a commercial nation when the form of crime or muder is pardoued”
As the industrial revolution accelerated, the alieriaty and detimarising effrct of the factory system as the catalyst for new kind of property became clear. Socialist began to criticise the received justifications on private property the most famous was Karl Marx.
Bibliographies:
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Cornish W.R., (1999) Cases and Materials on Intellectual Property, 3rded London: Sweet & Maxwell.
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Harpum C., Grant, M., & Bridge, S., (2002) The Law of Real Property, 6thed, London: Sweet & Maxwell ltd
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Kenny P.H., & Hewitson, R., (1998) Property law, 2nd edition, London, Edinburgh, Dublin: Butterworths
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Mackenzie J., & Phillips, M., Textbook on Land Law, (2004) 10thed, Oxford: Oxford University Press.
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Moffat G. et al, (1999) Trusts Law Text and Materials, 3rd edition, London, Edinburgh, Dublin: Butterworths.
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Oakley A.J., (2002) Megarry’s Manul of the Law of Real Property, 8th.ed Great Britain: Sweet & Maxwell ltd
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Scamell E.H., (1994) Property law handbook, 3rd edition, London: Butterworths.
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Stewart W.J., (2001) Law Dictionary, 2nd edition, Great Britain:
HarperCollins.
Student number: 2304182
Seminar group:
Seminar tutor:
This includes Wales, but not Scotland or Northern Ireland.
Real Property Commissionners.
Yelhim , J.F. et al (1987) Harvard university press
Hay, D., Property Authority and the Criminal Law.