Canons of Property Talk, or, Blackstone's Anxiety
Каноны рассуждений о собственности, или тревога Блэкстона
1998-12-01
SCID: 54.1/fahxnb5j
Discuss with AI
Commentaries on the Laws of EnglandLegal scholarshipProperty lawRights of ThingsWilliam Blackstone
Figures from the paper
Abstract (AI)
How do legal scholars talk about property? Here is one set of lines they are quite likely to quote: There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. The author of this statement, of course, was William Blackstone, who made it early in the second volume of his weighty and influential Commentaries on the Laws of England, at the point where he turned his attention to the subject "Of the Rights of Things"—that is to say, property.
Key Findings
1
Blackstone introduced this influential description at the beginning of his discussion of property, framed in the Commentaries as the rights of things.
2
Blackstone’s celebrated account presents property as excluding every other individual’s rights, highlighting an underlying tension or anxiety in property discourse.
3
Legal scholars commonly invoke William Blackstone’s formulation of property as a powerful, emotionally engaging, and seemingly absolute individual dominion over external things.
4
The paper examines recurring conventions in legal scholarship’s language about property, using Blackstone’s statement as a central example.
Research Object
Blackstone’s formulation of property rights in the Commentaries on the Laws of England
Research Subject
Legal scholars’ conventions and rhetoric for discussing property, particularly the conception of property as sole and despotic dominion
Publication Details
Publication Date
1998-12-01
Journal
Publisher
ISSN
Open access PDF
Access Type
Author Information
Download PDF
Subscribe to digest