We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
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 .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The nineteenth-century theorists of modern Romanist dominium, the great French treatise writers and the German Romanists, embarked in a quest for coherence, aspiring to develop a body of property law that was both normatively and conceptually coherent. These jurists sought to build an architecture of logically interrelated property doctrines informed by the unifying commitment to maximizing the owner’s freedom of action. Yet, this coherence was illusory. Far from being coherent, modern property was riven with tensions that could hardly be disguised. This chapter examines the jurists’ attempts to deal with four doctrines that threatened to strain the coherence of the property system: emphyteusis, possession, the limits on ownership and common ownership. While ultimately unsuccessful, these attempts are nonetheless worth exploring. For one thing, these failed attempts opened rifts in the apparently solid edifice of modern dominium, rifts that, a couple of decades later, the social critics will be quick to exploit. Most importantly, the jurists’ efforts to ease these tensions throw into sharp relief a diversity of ideological and methodological views that hardly surfaces in the nineteenth-century property treatises.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.