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Property And Democratic Deliberation: The Numerus Clausus Principle And Democratic Experimentalism In Property Law, Anna Di Robilant
Property And Democratic Deliberation: The Numerus Clausus Principle And Democratic Experimentalism In Property Law, Anna Di Robilant
Faculty Scholarship
First-year law students soon become familiar with the numerus clausus principle in property law. The principle holds that there is a limited menu of available standard property forms (the estates, the different types of common or joint ownership, the different types of servitudes) and that new forms are hardly ever introduced. Over the last fifty years, however, property law has changed dramatically. A wealth of new property forms has been added to the list. This dynamism in the list has remained largely unexplored and is the subject of this Article. This Article focuses on a selection of recently created property …
Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang
Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang
Faculty Scholarship
Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …