The principles of property law according to William Blackstone – preliminary observations
Abstract
According to many legal historians nothing spectacular occurred during the eighteenth century in English legal history. However, this view ignores theefforts which were made in respect of systematisation during this period. This article takes the position that during the eighteenth century it is possible to observe major attempts to formulate clear new legal doctrines, and to put in order those that already existed. This process occurred in various branches of the law. One of the most characteristic and significant branches of English common law was real property. The initial view taken in this article is analysed against the benchmark of certain general themes (hereinafter referred to as ‘principles’) associated with real property by reference to theoretical statements made by William Blackstone during his common law lectures which were immortalised in the Commentaries on the Law of England.
Keywords:
property, English law, 18th century, evolution, rulesReferences
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