Private Law Theory

“In the last post in this series we saw how modern commons theory tracked many of the features of stadial theory. In this post I begin trying to uncover the routes by which the early modern theory reached modern thinkers on property. The modern commons theorists discussed in the last post did not explicitly refer to the Enlightenment or Romantic thinkers whose theories may have influenced them. Yet the striking similarities between these two groups of theories, separated though they were by two centuries, seem to provide evidence of influence …” (more)

[David Schorr, Environment, Law, and History, 28 December]

First posted 2018-12-28 17:43:17