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Full-Text Articles in Law
Castaneda V. Partida, Lewis F. Powell Jr.
Castaneda V. Partida, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook
Criminal Law In Tennessee In 1975: A Critical Survey, Joseph G. Cook
Scholarly Works
No abstract provided.
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith
Journal Articles
The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …
The Metamorphosis Of Larceny, George P. Fletcher
The Metamorphosis Of Larceny, George P. Fletcher
Faculty Scholarship
To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …