The common law system

When ever the word "property" is mentioned in modern English law 1 it is extremely important broad definition to the law student as it creates a deeper understanding in its historic role and modern days it is therefore important to be aware of the debates around the traditional western (liberal) concept of property that could be traced far back in AD 376 known as the dark ages, right through to the midraical period of 1400 to the present time. Early man and property Religious concept of property (Jesus being sold in the bible), Jesus has an important role in property. Norman days and property (feudal basis)

In this development of property nearly a thousand years, the land as property is a mirror of one aspect of English life, it is a body of law which, while based on a feudal system imposed by the Norman conquest, has adapted itself to a succession of political and social unplegicals, culminatury in the welfare state of the twentieth century. It was the public importance of the land law in the feudal society of its origin which eventually brought its troubles when the country settle down after they uplieaual of the Norman Conquest, the social board which, both on the public and the prouate side of life, limited them.

Together in nine political whole was the land. Broadly speaking, law constitution the sole form of wealth, and it was through it agency that the everyday needs of the governing and the governed classic were satisfied. The result of this was that from an early date a complicated system of law, faudal on custom and deviceto by the decisions of the courts, began to grow up, and we may call it for conenice the common law system.

Also this ownership of property within the fairly also indicates the way in which "property equal power" this is seen in the story of H.A. Jacobs incidents in the life of a slave (1861)3 in which a child born as a slave narrated his experience in life, as a slave child of a slave parent. One can clearly see how slaves were being seen as object of property durning the middead perioed onward. Property here as a powe relationship is excedent in the fact that a person has the right to own anything and may direct his will upon any object, as his real and posituce land. A relationship already exited when a man passes possession onto antother in his will.

Because property is thus an essential element of (human) self control, see themselves as free agents4 the ninethenth century saw an acceleration of a process begain at least a hundred years earlier, then development of new kinds of property , in the years after Locke wrote, the common lands of England were subjected to a continuos and relentless privatisation by the enclosure Acts, and the rural poor found themselves in a new and desperate situation paralled to these enclosure can the criminalistion of what had been customery rights, and the bloody panal code which was designed by, and in order to protect, men of property who used Locke as their justification.

Futhermore, the number of capital statutes grew from about so to over 200 between the years 1688 and 1820. almost all of them concerned offences against property. This flood of legistlation is one of the great facts of the eighteenth century and it occurred in the period whe peers or people. The Glorious revolution of 1688 established the freedom not of men, but of men of property.

Nature and, implicity by god Williams Blackstone, the most famous eightenthcentury writer on the the law and constitution, declears it self- evident that "there is nothing which so generally strikes the imagination, and enigages the affections of mankind, as the right of property, or that sole and despotic dominion which one man claims and exercise once external things, again and again the voices of money and power declared the sacredness of property in terms wether to resericed for human life. Banks were credited with souls and the circulation of gold likened to uiate of blood.

Forgers for example, were almost unicariably lawyed, and gentlemen knew why " Forgery is a stab to commerce, an only to be to cerated in a commercial nation when the form of crime or muder is pardoued"5 As the industrial revolution accelerated, the alieriaty and detimarising effrct of the factory system as the catalyst for new kind of property became clear. Socialist began to criticise the received justifications on private property the most famous was Karl Marx.