An Alternative to Private Property: Collective Property in the Juridical Consciousness of the Nineteenth Century

1982 ◽  
Vol 87 (4) ◽  
pp. 1048
Author(s):  
W. Warren Wagar ◽  
Paolo Grossi ◽  
Lydia G. Cochrane
Keyword(s):  
Nineteenth Century ◽  
Private Property ◽  
Collective Property

Rethinking Property and Society in Gondärine Ethiopia

2009 ◽  
Vol 52 (3) ◽  
pp. 89-106 ◽  
Author(s):  
Habtamu Mengistie Tegegne
Keyword(s):  
Nineteenth Century ◽  
Private Property ◽  
Social Economic ◽  
Economic Practices ◽  
The Relationship

Abstract:The historiographic question that this article asks is: How can historians uncover actual social and economic practices without imposing anachronistic standards and terminologies on the available evidence? The analysis focuses on the relationship between landlords and zégoch—a hitherto unrecognized and socially subservient class of peasants—in the context of social, economic, and cultural realities in eighteenth- and nineteenth-century Ethiopia. The thesis is that during this period the Ethiopian ruling classes gained their power and income primarily from ownership of rim land—a form of private property—and the labor of zégoch.

Spanish Imperial Vassalage and the Social Reproduction of Slavery in Colonial Cuba

2018 ◽  
Vol 3 (3) ◽  
pp. 261-285
Author(s):  
Karen Y. Morrison
Keyword(s):  
Nineteenth Century ◽  
Political Economy ◽  
Property Rights ◽  
Social Reproduction ◽  
Private Property ◽  
Spanish America ◽  
Private Property Rights ◽  
Center Point ◽  
The Social ◽  
The Relationship

Abstract With the social reproduction of slavery in colonial Cuba as its center point, this essay draws on the recent historiographical acknowledgment of the way vassalage mediated the often starkly drawn social distinctions between whites and enslaved people within colonial Spanish America. Inside the region’s emergent, capitalist political economy, feudal vassalage continued to define each social sector’s rights and responsibilities vis-á-vis the Spanish Crown. The rights of enslaved vassals derived from their potential contributions to the Spanish monarchy’s imperial survival, in their capacity to populate the extensive empire with loyal Catholic subjects and potential military defenders. These concerns also justified the Spanish monarchial state’s ability to intervene between its slaveholding vassals and its enslaved vassals, by limiting private property rights over enslaved people and operating in ways that did not fully conform to capitalist profit motives. Awareness of such sovereign-vassal interdependencies challenges historians to broaden their understanding of the relationship between capitalism and slavery to include the remnants of feudal social-political forms, even into the nineteenth century.

The Carabao and the Encounter of the Law in Nineteenth-Century Philippines

2019 ◽  
Vol 27 (3) ◽  
pp. 307-326
Author(s):  
Nicolo Paolo P. Ludovice
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Water Buffalo ◽  
Private Property ◽  
Historical Context ◽  
The Philippines ◽  
Legal Research ◽  
Human Animal ◽  
Philippine History

AbstractThe place of the non-human animal in the legal world has been questioned. Animals’ legal status as property has been probed on how to best protect their welfare. While this is significant for animals who are not on the farm, it might not be effective when considering animals raised for food. The case of the carabao, or the water buffalo, in the Philippines is seen as a hybrid. This article traces the development of the carabao in Philippine history during the nineteenth century. Through historical, archival, and legal research on animals, the carabao is situated as private property. Colonial instruments of control were introduced to protect the carabao from criminals. In its proper historical context, the classification of carabaos as property indeed highlighted the animal’s status as legally owned, which did not necessarily demean the animal’s relationship with the human peasant nor the carabao’s quality as an animal.

“Regulatory Property Rights”: New Insights from Private Property Theory for the Takings Doctrine

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Christine Godt
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Private Property ◽  
Property Theory ◽  
Regulatory Property ◽  
History Of ◽  
Emission Rights

AbstractThis paper explores the rationale of novel regulatory property rights under takings law (compensation for the expropriation of property). It is interested in their hybrid public-private quality. It reiterates the history of how the notion of ‘private’ property has come about, explores the theory of takings and its restructuring of property. Interesting perspectives on mid-nineteenth-century concepts for remuneration shed new light on what exactly has to be compensated for when property rights are regulated to the detriment of the owner. Based on this analysis, three examples of modern regulatory property rights are explored in more detail, emission rights, CSR labels and derivatives. The article submits that the more nuanced older schemes for compensation provide a better model for distinguishing the reasons for compensation and non-compensation, and are better suited for the modern property setting.

Mafia and peasant rebellion as contrasting factors in Sicilian latifundism

1969 ◽  
Vol 10 (1) ◽  
pp. 95-116 ◽  
Author(s):  
Anton Blok
Keyword(s):  
Nineteenth Century ◽  
Private Property ◽  
Early Nineteenth Century ◽  
The Common ◽  
The Cost ◽  
Capitalist Enterprise ◽  
A Share

The origins of the modern Sicilian latifundium go back to the early nineteenth century when feudal land was transformed by law into private property. In what is called the Risorgtmento, a rising rural bourgeoisie gradually replaced the traditional feudal elite by acquiring most of the land that came on the market. Although the peasants had become legally free, they obtained their freedom at the cost of title to the land they held under feudal conditions. The common use rights of gleaning and pasturage, which the peasants exercised on the former fiefs, guaranteed them the fundamental means of living. But arbitrarily excluded by the avid bourgeoisie from a share in the land that should be given out to them as a recompense for the lost use rights, the Sicilian peasants emerged from social servitude only to fall into economic and political dependency. A growing rural proletariat was the necessary concomitant of the partly feudal and partly capitalist enterprise that was the latifundium.

Property Law, Expropriation, and Resource Allocation by Government: the United States, 1789–1910

1973 ◽  
Vol 33 (1) ◽  
pp. 232-251 ◽  
Author(s):  
Harry N. Scheiber
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Resource Allocation ◽  
Economic Development ◽  
American History ◽  
Private Property ◽  
The United States ◽  
Property Law ◽  
To Receive

Expropriation of private property by government is seldom found on the list of policies which have influenced the course of economic development in American history. To be sure, the once-vigorous myth of antebellum laisser-faire has been discarded; and it is no longer taken as a startling proposition that governmental interventions to promote and regulate the economy occurred regularly throughout the nineteenth century. But for two reasons, I think, expropriation as an instrument of conscious resource allocation has failed to receive from historians the attention it deserves.

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