Canons of Property Talk, or, Blackstone's Anxiety

Каноны рассуждений о собственности, или тревога Блэкстона
Carol M. Rose
1998-12-01

Commentaries on the Laws of EnglandLegal scholarshipProperty lawRights of ThingsWilliam Blackstone
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.
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.

Blackstone’s formulation of property rights in the Commentaries on the Laws of England

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
Access Type
Author Information
Authors
Carol M. Rose
Explore further
Open the scid.ai AI chat with a ready-made request: it will find papers on a similar topic and help build a literature review.
Find similar papers in the chat
Make a presentation
100%