This series of three articles describes the history of land law shared by the British and American legal systems, and how and why these legal traditions have diverged from each other in modern times. This Article - part 1 in this series - describes the emerging customs and laws regarding land rights among early inhabitants of Britain, and how succeeding invasions and occupation by Celtic, Roman, Germanic, and Norman peoples altered these customs and laws. The Article details the profound changes (...) in land law worked by massive economic changes in early British society, including sociological occurrences such as the Black Death, and the adoption of laws, such as the Statute of Uses in 1536. (shrink)

It has been claimed that decisions reached democratically have the consent of those subject to them. It will be shown that arguments for this view rest on either a Kantian or a utilitarian conception of consent. When the distinct nature of these arguments is kept clearly in mind, it becomes apparent that little remains of any of them. Nothing remains of the argument based on the Kantian conception, at least in so far as it is used to support the view (...) that democratic government rests on the consent of the governed. Though something remains of the arguments based on the utilitarian conception, what remains is not what they often are thought to establish. The spurious plausibility of consent arguments for democracy is due to switches between the Kantian conception of consent and the utilitarian. (shrink)

This Article examines the genesis and evolution of the Restatements of Property. The author argues that, while the Restatement (First) of Property took as its original purpose to restate the law, in the course of its creation it was turned to reform. Subsequent Restatements of Property are dedicated almost wholly to reform. The author concludes that this shift in objectives has sparked criticism and rendered these works of less value and interest to the legislatures, bench and the bar, which have (...) largely ignored the property Restatements. (shrink)