Title GENERAL NATURE of LANDED PROPERTY in CAPITALISM Sub
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5 the Mystery of Property: Inheritance and Industrialization in England and Japan Alan Macfarlane
5 The mystery of property: inheritance and industrialization in England and Japan Alan Macfarlane 'Well! Some people talk of morality, and some of religion, but give me a little snug property' (Edgeworth, cited in Goody 1962: 284). The mystery In one way or another most of the great social theorists have seen the development of individualized property relations as the central and decisive factor in the rise of modern civilization and, in particular, capitalism. The link was apparent to Locke at the end of the seventeenth century (1956: 43, 48, 63). Private property was a natural right and the sole purpose of the state was its protection. The security of property was likewise seen as the basis of liberty and wealth by the eighteenth-century political economists (Millar 1812: 114-15; Kames 1796, 1: 91; Smith 1976: 415). Nineteenth-century theorists continued to stress the central importance of property distinctions. De Tocqueville (1956: 184) noted that wealth and private property seemed to be connected in England, Maine thought that 'we are indebted to the peculiarly absolute English form of ownership for such an achievement as the cultivation of the soil of North America' (1875: 126). T6nnies believed that the opposition between private and communal property was the essence of the distinction between gemeinschaft and gesellschaft (1955: 75, 60). But it was, of course, Karl Marx who most famously emphasized the connections. In his earlier philosophical notebooks he outlined how the history of the growth of landed property mirrored the growth of capitalism (1973:107, 252; 1964: 27). Then in a central passage in Capital he argued that 'The legal view.. -
Land Tenure Lexicon
Land Tenure Lexicon A glossary of terms from English and French speaking West Africa Compiled by Rebeca Leonard and Judy Longbottom International Institute for Environment and Development 3 Endsleigh Street, London WCIH 0DD, UK Tel: (+44-20) 7388 2117 Fax: (+44-20) 7388 2826 Email: [email protected] Web: www.iied.org March 2000 Preface This lexicon of tenure terminology stems from a broader programme of work on land tenure and resource access in West Africa. The programme is jointly financed by the UK’s Department for International Development (DFID) and the French Ministère des Affaires Etrangères. Activities are being led by the Groupe de Recherche et d’Echanges Technologiques (GRET) Paris and the Drylands Programme, International Institute for Environment and Development, London. The main objectives of this programme are to: enhance the research capacity of West African researchers and their institutions; foster collaboration between anglophone and francophone countries of West Africa; further the level of knowledge on land tenure and resource access issues in West Africa and their implications for policy and practice contributing to sustainable development; make such information accessible at all levels through publications, workshops and policy documents, thereby nourishing debate within the West African region regarding the options and implications of different tenure policies for equity, productivity, sustainable livelihoods and social justice. This lexicon is thus intended to promote understanding, exchange and debate regarding land tenure issues in West Africa. Most particularly we hope it will encourage greater contact and mutual learning between English and French speaking professionals working on land tenure related issues in West Africa. -
A Study of U.S. Right-To-Farm Laws
Journal of Rural Studies 67 (2019) 120–129 Contents lists available at ScienceDirect Journal of Rural Studies journal homepage: www.elsevier.com/locate/jrurstud Property rights and rural justice: A study of U.S. right-to-farm laws T ∗ Loka Ashwooda, , Danielle Diamondb, Fiona Walkerc a Department of Agricultural Economics and Rural Sociology, Auburn University, 310 Comer Hall, Auburn, AL, 36849, USA b Department of Anthropology, Northern Illinois University, College of Liberal Arts and Sciences, DeKalb, IL, 60115-2828, USA c Auburn University, Auburn, USA ARTICLE INFO ABSTRACT Keywords: Are property rights merely a tool of the market economy, disempowering those with the least in rural places and Family farm further lining the pockets of those with the most? Most rural scholarship, on the aggregate, argues that yes, Property rights property rights dispossess the many in favor of the few. We, though, find the situation to be much more nuanced Land ownership in our analysis of U.S. right-to-farm laws, the first of its kind. An overlooked dimension of property rights—the Agricultural law capacity to claim trespass on property through nuisance—enables rural people to defend their rights to clean air and water and the use and enjoyment of their property in the face of large-scale, industrial agricultural op- erators. Our analysis of statutes in all 50 U.S. states finds that right-to-farm laws, while largely purported to defend family farmers, reduce rural people's capacity to protect their land through nuisance actions in defense of their environmental, health, and community rights. We argue that property rights, when properly protected from nuisance, can help rural people push back against the market economy in defense of their health and en- vironmental rights when other political means falter. -
The Wealth of the English Landed Gentry, 1870–1935*
The wealth of the English landed gentry, 1870–1935* by Mark Rothery Abstract This article explores changing levels of unsettled personal wealth amongst the landed gentry of Devon, Hertfordshire and Lincolnshire during the period of the Agricultural Depression of the late nineteenth and early twentieth centuries. The main quantitative sources employed for this research are the National Probate Calendars. Despite problems with agricultural incomes and land values, overall levels of gentry wealth were sustained. This was a result of the diversification of wealth away from land and into other safer investments of a non-agricultural character. A final section shows how one Devon gentry family converted land into liquid investments at the end of the First World War. The highly adaptable nature of landed elites in the face of profound changes in modern society and the flexibility of relations between landed and non-landed elites have been amongst the most important findings of scholars of landed society over the past fifty years. F. M. L. Thompson and David Cannadine amongst others have shown that the aristocracy and the gentry were willing to diversify their investments into mining, railways and a range of other urban and industrial ventures as economic conditions came to permit such behaviour.1 This has contributed to more general explanations of the openness and flexibility of the British landed order during the mod- ern period. The slow and gradual decline of landed elites along with their fluid relations with new aspirants to elite society helps explain, it has been argued, the smooth and evolutionary na- ture of modernisation in Britain. -
Organising Landed Property: Manorial Administration Strategies in the 15Th and Early 16Th Centuries
ADMINISTORY ZEITSCHRIFT FÜR VERWALTUNGSGESCHICHTE BAND 4, 2019 SEITE 10–27 D O I : 10.2478/ADHI-2019-0002 Organising Landed Property: Manorial Administration Strategies in the 15th and Early 16th Centuries JOHANNES KASKA, SAMUEL NUSSBAUM The terms ›files‹ and ›administration‹ generally evoke The paper provides an analysis of the land images of rather complex bureaucratic structures, administration of two different monastic estates, producing mountains of papers to manage even the Lambach in Upper Austria and Klosterneuburg in Lower simplest matters. While this picture conveys a critical Austria, in the 15th and early 16th centuries. Based on the undertone, it nevertheless implies a highly specialised description of each of the monastery’s practice, it will written administration applying sophisticated tools be argued that several different institutional factors can and processes. These cultural techniques once had to be seen as a driving force of administrative evolution be developed. In this more elusive era in the history of and innovation, which enabled the monasteries to administration, the question was rather if something keep up with the rising administrative, legal and social written is needed at all, and the few documents drawn demands. Meeting these challenges, the monasteries up were little specialised. Managing increasing masses pursued different strategies for managing their landed of paperwork only just started to become an issue, property, showing that the development of bureaucratic prompting an eclectic exploration of appropriate use of written texts should not be seen as one of the techniques. Matters as an organised layout, tabulation, ever-increasing rationalities but rather as the result of a referencing documentation, and the keeping of records multilayered cultural process.1 were the subjects and results of countless innovations. -
English Feudalism and the Origins of Capitalism
English Feudalism and the Origins of Capitalism GEORGE C. COMNINEL The specific historical basis for the development of capitalism in England — and not in France — is traced to the unique structure of English manorial lordship. It is the absence from English lordship of seigneurie banale - the specific political form of parcellised sovereignty that figured centrally in the development of Continental feudalism - that accounts for the peculiarly 'economic' turn taken in the development of English class relations of surplus extraction. In France, by contrast, the distinctly 'political' tenor of subsequent social development can equally specifically be traced to the central role of seigneurie banale in the fundamental class relations of feudalism. That the development of Western European societies generally, and England and France in particular, has been at least roughly parallel over the course of the past six centuries or longer has undoubtedly been among the most pervasive ideas of historically oriented social science. Even behind the emphasis specialists may give to particular differences, the presumption exists of a common European pattern of development. George C. Comninel, Department of Political Science, York University, 4700 Keele Street, Toronto, Canada, M3J 1P3; e-mail [email protected]. An early version of this article was presented as a working paper to the History and Society Program of the University of Minnesota more than a decade ago. The author is grateful to the members of that program for their lively discussion and extensive comments. He is enormously indebted to his former colleague Sam Clark, of the University of Western Ontario, and to Ellen Meiksins Wood, for comments on and encouragement of this work over too many years. -
An Overview of Land Tenure in the Near East Region
AAnn OOvveerrvviieeww ooff LLaanndd TTeennuurree iinn tthhee NNeeaarr EEaasstt RReeggiioonn Part 1 (Part 2: Individual country profiles to follow) Jon Rae INTRODUCTION ............................................................................................ 4 SECTION 1: LAND TENURE IN THE SETTLED AREAS ............................. 6 Introduction ............................................................................................................................................ 6 Islamic Law ............................................................................................................................................. 7 Inheritance ........................................................................................................................................... 9 Leasing ............................................................................................................................................... 10 Custom and Agricultural lands ........................................................................................................... 10 Rights in agricultural land .................................................................................................................. 10 Maintaining territorial integrity ......................................................................................................... 11 Tenure in the modern era .................................................................................................................... 12 State lands ......................................................................................................................................... -
The Seventeenth-Century Revolution in the English Land Law, 43 Clev
Cleveland State University EngagedScholarship@CSU Cleveland State Law Review Law Journals 1995 The eveS nteenth-Century Revolution in the English Land Law Charles J. Reid Jr. Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Land Use Law Commons, and the Legal History Commons How does access to this work benefit oy u? Let us know! Recommended Citation Charles J. Reid Jr., The Seventeenth-Century Revolution in the English Land Law, 43 Clev. St. L. Rev. 221 (1995) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol43/iss2/4 This Article is brought to you for free and open access by the Law Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. THE SEVENTEENTH-CENTURY REVOLUTION IN THE ENGLISH LAND LAW CHARLES J. REID, JR.1 INTRODUCTION ..................................... 223 I. THE ENGLISH REVOLUTION ........................... 225 A. A Schematic Chronology of the Revolution .......... 225 B. The Gentry and Revolution ...................... 230 II. THE ABOLITION OF THE FEUDAL INCIDENTS AND THE TRIUMPH OF SOCAGE TENURE ......................... 232 A. Origins of Knight Service and Wardship ........... 234 B. The Sixteenth-Century Revival of the Feudal Incidents .................................... 237 C. PopularResistance to the Feudal Incidents and the Eradicationof the Practice .................... 240 Ill. THE ENCLOSURE MOVEMENT, THE DOMESTICATION OF COPYHOLD, AND THE DESTRUCTION OF RIGHTS IN COMMON .... 243 A. Background to the EnclosureMovement of the Seventeenth Century .......................... 243 B. The Attack on Copyhold ........................ 246 1. Fifteenth-Century Conditions ............... 246 2. The Creation and Judicial Protection of Copyhold ................................ -
Property Rights, the Glorious Revolution and the Rise of British Capitalism
Journal of Institutional Economics (2017), 13: 1, 79–107 C Millennium Economics Ltd 2016. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited. doi:10.1017/S1744137416000266 First published online 10 October 2016 1688 and all that: property rights, the Glorious Revolution and the rise of British capitalism GEOFFREY M. HODGSON∗ Hertfordshire Business School, University of Hertfordshire, Hatfield, Hertfordshire AL10 9AB, UK Abstract. In a seminal 1989 article, Douglass North and Barry Weingast argued that by making the monarch more answerable to Parliament, the Glorious Revolution of 1688 helped to secure property rights in England and stimulate the rise of capitalism. Similarly, Daron Acemoglu, Simon Johnson, and James Robinson later wrote that in the English Middle Ages there was a ‘lack of property rights for landowners, merchants and proto-industrialists’ and the ‘strengthening’ of property rights in the late 17th century ‘spurred a process of financial and commercial expansion’. There are several problems with these arguments. Property rights in England were relatively secure from the 13th century. A major developmental problem was not the security of rights but their feudal nature, including widespread ‘entails’ and ‘strict settlements’. 1688 had no obvious direct effect on property rights. Given these criticisms, what changes promoted the rise of capitalism? A more plausible answer is found by addressing the post-1688 Financial and Administrative Revolutions, which were pressured by the enhanced needs of war and Britain’s expanding global role. -
A Defense and Expansion of the Theory of Capitalist Ground Rent: Speculation, Securitization, and Struggles Over Land and Housing
City University of New York (CUNY) CUNY Academic Works Dissertations, Theses, and Capstone Projects CUNY Graduate Center 9-2020 A Defense and Expansion of the Theory of Capitalist Ground Rent: Speculation, Securitization, and Struggles Over Land and Housing Francesca Manning The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/4069 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] A DEFENSE AND EXPANSION OF THE THEORY OF CAPITALIST GROUND RENT: SPECULATION, SECURITIZATION, AND STRUGGLES OVER LAND AND HOUSING by FRANCESCA T. C. MANNING A dissertation submitted to the Graduate Faculty in Earth and Environmental Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2020 i © 2020 Francesca T. C. Manning All Rights Reserved ii A Defense and Expansion of the Theory of Capitalist Ground Rent: Speculation, Securitization, and Struggles Over Land and Housing by Francesca T. C. Manning This manuscript has been read and accepted for the Graduate Faculty in Liberal Studies in satisfaction of the thesis requirement for the degree of Master of Arts. Date Dr. David Harvey Chair of Examining Committee Date Dr. Monica W. Varsanyi Executive Officer Supervisory Committee: Dr. Ruth Wilson Gilmore Dr. Marianna Pavlovskaya Dr. Gary Dymski THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT A Defense and Expansion of the Theory of Capitalist Ground Rent: Speculation, Securitization, and Struggles Over Land and Housing by Francesca T. -
Businessmen and Land Ownership in the Late Nineteenth Century1 by TOM NICHOLAS
Economic History Review, LII, 1(1999), pp. 27–44 Businessmen and land ownership in the late nineteenth century1 By TOM NICHOLAS hether businessmen in the late nineteenth century held a significant W proportion of their wealth in landed assets is not known, because ‘a great deal of further research would be needed to establish what may have been a normal multiple’.2 Without precise estimates of the share of wealth invested in land, it is possible to explain neither the composition of a stock of wealth in this period nor the social significance attached to the purchase of land by businessmen. This article analyses the size and value of landed estates for a group of 295 businessmen profiled in the Dictionary of business biography.3 By including only those born between 1790 and 1840, the sample is restricted to those active in the late nineteenth century. The landholdings of the individuals are checked using Bateman’s Great landowners of Great Britain and Ireland, and market values are estimated by capitalizing the gross annual values of the estates included.4 The value of wealth in land (realty) is then compared with the value of personal wealth (personalty), as listed in probate records, to establish a multiple of personalty to realty. Using the available data it is impossible to estimate the value of realty for individual dates of death. Probate personalty is therefore expressed in constant prices for the 1870s when Bateman’s land records were collected. The article is organized as follows. Section I explains the significance of a ratio of personal to landed wealth in the debate on businessmen and land purchase in the late nineteenth century. -
The Estates of County Wexford in the Nineteenth Century: an Analysis of Their Changing Financial Situation in the Decades Prior to the Land War
Loyola University Chicago Loyola eCommons Master's Theses Theses and Dissertations 1980 The Estates of County Wexford in the Nineteenth Century: An Analysis of Their Changing Financial Situation in the Decades Prior to the Land War Daniel Gahan Loyola University Chicago Follow this and additional works at: https://ecommons.luc.edu/luc_theses Part of the History Commons Recommended Citation Gahan, Daniel, "The Estates of County Wexford in the Nineteenth Century: An Analysis of Their Changing Financial Situation in the Decades Prior to the Land War" (1980). Master's Theses. 3094. https://ecommons.luc.edu/luc_theses/3094 This Thesis is brought to you for free and open access by the Theses and Dissertations at Loyola eCommons. It has been accepted for inclusion in Master's Theses by an authorized administrator of Loyola eCommons. For more information, please contact [email protected]. This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. Copyright © 1980 Daniel Gahan THE ESTATES OF COUNTY WEXFORD IN THE NINETEENTH CENTURY: AN Al~ALYSIS OF THEIR CHANGING FINANCIAL SITUATION IN THE DECADES PRIOR TO THE LAND WAR.-·'' by Daniel Gahan A Thesis Submitted to the Faculty of the Graduate School of Loyola University of Chicago in Partial Fulfillment of the requirements for the degree of Master of Arts August 1979. ACKNOWLEDGEMENTS I wish to express my sincere gratitude to Professor Lawrence J. McCaffrey of Loyola University for all the help and guidance he has afforded me in the preparation of this work. i VITA Daniel Gahan was born in Birmingham, England, in December of 1954.