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7 - The Social Critics

The Critique of Absolute Dominium and the Retrieval of the Roman Social Doctrines

Published online by Cambridge University Press:  13 July 2023

Anna di Robilant
Affiliation:
Boston University
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Summary

The aspirations to autonomy, independence, and equality that had so effectively boosted the discourse of modern dominium were never realized. The rationalization and expansion of the economy generated enormous wealth inequalities between the propertied classes and the large class of propertyless wage laborers. The latter experienced oppression rather than autonomy, material dependence rather than the independence, and exclusion instead of equality. The “social question” prompted social reformers of all stripes to interrogate the role of property law (in the emergent industrial world. The new political and intellectual climate ushered in by the “social question” transformed the ideological discourse about property, the concerns of the jurists, and, to an extent, the doctrines of law of property. Alternative conceptualizations of property focused on social relations, redistribution and cooperation, started appearing in the writings of philosophers, economists and pamphleteers. And a new generation of jurists, interested in functionalist and consequence-based approach to property, gained power in law faculties around Europe, Latin America and beyond.

Type
Chapter
Information
The Making of Modern Property
Reinventing Roman Law in Europe and its Peripheries 1789–1950
, pp. 280 - 321
Publisher: Cambridge University Press
Print publication year: 2023

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  • The Social Critics
  • Anna di Robilant, Boston University
  • Book: The Making of Modern Property
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108859844.008
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  • The Social Critics
  • Anna di Robilant, Boston University
  • Book: The Making of Modern Property
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108859844.008
Available formats
×

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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Social Critics
  • Anna di Robilant, Boston University
  • Book: The Making of Modern Property
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781108859844.008
Available formats
×