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  3. The Making of Modern Property
  • Cited by 6
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    • Publisher:
      Cambridge University Press
      Publication date:
      July 2023
      July 2023
      ISBN:
      9781108859844
      9781108494779
      DOI:
      https://doi.org/10.1017/9781108859844
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.69kg, 380 Pages
      Dimensions:
      Weight & Pages:
      • Subjects:
      Ancient History, Classical Studies, Law, Comparative Law
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    Subjects:
    Ancient History, Classical Studies, Law, Comparative Law
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    Book description

    In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.

    Reviews

    ‘In this ambitious monograph Anna di Robilant describes how European jurists of the eighteenth and nineteenth centuries drew from the doctrines of Roman classical law and ius commune traditions in order to craft a new ‘Romanist-bourgeois’ form of property.… impressive.’

    Joshua Getzler Source: Comparative Legal History

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    Contents

    Contents
    • Introduction
      pp 1-38
    • The Romanist-Bourgeois Property Culture: Dominium, the Social Function, and Resources
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