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1
Shabalin, Andrii. « On the issue of codification of legislation in the field of intellectual property ». Theory and Practice of Intellectual Property, no 1 (11 juin 2021) : 74–81. http://dx.doi.org/10.33731/12021.234196.
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Keywords: intellectual property right, codification, legislation, The Civil Code ofUkraine
This scientific article examines the issue of the need to create aspecial code of intellectual property in Ukraine. For a full-fledged and objective study,an analysis was made of the history of Ukrainian legislation in the field of intellectualproperty, foreign models of legal regulation of intellectual property rights, especiallyEuropean legal experience, were also investigated. The author supports the positionregarding the creation in Ukraine of the Intellectual Property Code, the analogueof which exists in Italy and France. Based on the study of Ukrainian and foreign legalsystems, the author defines the main criteria for creating an intellectual propertycode: Legal and organizational criteria are defined. The author points out the need toimplement the European legislative practice, the jurisprudence of the EuropeanCourt of Human Rights and the Court of Justice of the European Union on judicialcases in the field of intellectual property into the code. This vector of implementationwill have a positive meaning for the adaptation of the Ukrainian legislative system toEuropean democratic standards in the field of legal regulation, legal protection of intellectualproperty rights. The author pays special attention to the need to harmonizethe intellectual property code with the Civil Code of Ukraine and procedural legislationin order to level the negative legal consequences in legal practice in the field ofintellectual property; also in the IP Code shall contain the following provision or requirements,which contained universal definitions of legal concepts in the field of intellectualproperty. Based on the conducted scientific analysis, the author points outthe need for the existence of the Ukrainian code of intellectual property and speciallaws in the field of intellectual property. It follows from this that there is a need forlegal regulation of individual legal relations (objects of law) in the field of intellectualproperty law. The author points out that such a legal system corresponds to the modelof legal regulation of the field of intellectual property that exists in the EuropeanUnion.
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Sredinskaya, Natalia. « To the History of International Law : the Property Rights of the Citizens of Local Centres of Italy in the 14th and 15th Centuries in Foreign Territory ». ISTORIYA 12, no 9 (107) (2021) : 0. http://dx.doi.org/10.18254/s207987840017155-9.
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This paper considers what the archival material of the 14th and 15th centuries can tell us about this question: how and to what extent the rights of the inhabitants of certain northern Italian cities (Ferrara, Cremona, Padua and Venice) were protected if their property was located in foreign territory and/or their property interests could be restricted by the power structures of another Italian centre. The first problem concerned the property of the Church. A study of the documentary material shows that one way of preserving the property of the Church on foreign territory, despite the increasing tendency of secular rulers to seize church lands, was to place it in possession of the local population on a secure basis - emphyteusis, livelles, or other type of long-term use. The second problem was enforcing the contracts, i.e. suing the party which had not fulfilled or improperly fulfilled their terms if the infringer was on foreign soil. The records show that this was most probably enshrined in agreements between the Italian city-states and was incorporated by means of a special formula in the treaties. The third problem was related to the property rights of the inhabitants of medieval Italy, whose real estate, together with the territory in which it was situated, passed under the jurisdiction of another ruler. A study of the lettere ducali shows that such legal relations were based on treaties between the rulers of Italian territorial states and became the subject of diplomatic correspondence
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Bauer, Stefan. « History for Hire in Sixteenth-Century Italy : Onofrio Panvinio’s Histories of Roman Families ». Erudition and the Republic of Letters 4, no 4 (26 octobre 2019) : 397–438. http://dx.doi.org/10.1163/24055069-00404002.
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Onofrio Panvinio was hired by sixteenth-century Roman families to write their histories and, where necessary, be prepared to bend the facts to suit their interests. This occasionally entailed a bit of forgery, usually involving tampering with specific words in documents. In most respects, however, Panvinio employed the same techniques—archival research and material evidence such as tombs and inscriptions—which distinguished his papal and ecclesiastical histories. This suggests that genealogy, despite being commissioned by aristocratic families to glorify their ancestries, can be seen as a more serious field of historical investigation than is often assumed. Yet the contours of this genre of history for hire in sixteenth-century Italian historiography are nowhere near exact. Panvinio struck a balance between fulfilling the expectations of the noble families who commissioned him and following his own scholarly instincts as an historian, but he nevertheless did not seek their publication. By contrast, Alfonso Ceccarelli, who also composed family histories, veered considerably in the direction of flattering his patrons, even forging entire papal and imperial privileges. Indeed, he was condemned to death for the forgery of wills concerning the property rights of nobles.
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Leonardi, Salvo, et Donata Gottardi. « Why no board-level employee representation in Italy ? Actor preferences and political ideologies ». European Journal of Industrial Relations 25, no 3 (21 février 2019) : 291–304. http://dx.doi.org/10.1177/0959680119830574.
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Unlike most continental EU countries, Italy lacks any system of board-level employee representation, despite a specific article in the 1948 Constitution. Hence, involvement and participation remain limited to the sphere of contractually established information and consultation rights, primarily because of the reluctance of the social partners to establish reciprocal responsibilities by law. Employers feared that this would limit their property rights and prerogatives, unions that it would restrict their own autonomy. After a long history of confrontational industrial relations, there has been a shift towards participatory approaches, but in a distinctive way. We present an overview of the historical background and the cultures and practices of the main actors, the Italian approach to industrial democracy, the influence of other national models and the current debates and legislative proposals. We conclude by assessing the opportunities for and obstacles to real change in the future.
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Sredinskaya, Natalia. « On the Question of the Peculiarities of the Translation of Legal Texts ». ISTORIYA 13, no 11 (121) (2022) : 0. http://dx.doi.org/10.18254/s207987840023065-0.
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The article examines the use and translation of key terms of Roman law: “proprietas”, “possessio” and “detentio”, which were used in medieval texts in one way or another; at least when it comes to the act material of medieval Italy. Despite the fact that the translation of “possessio” as «владение» has been established in Russian romanistics, the translator must take into account that in Russian the use of the words «владение», «владелец» has certain features. The main problem is that until now, often (with the exception of scientific works of lawyers), the term «владелец» is used to refer to the person who owns the property right, the owner, contrary to the dichotomy between the concepts of «владение» and «собственность». Problems also arise when translating into English. Belonging of England to the Anglo-Saxon legal system leads to difficulties in transferring legal terms of the continental system based on Roman law. Researchers and translators of Latin legal texts can avoid accusations of inaccuracy by resorting to the use of legal terms in Latin in the text, or by duplicating the Latin translation of such a term into English or another language.
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Barca, Stefania. « Enclosing the River : Industrialisation and the 'Property Rights' Discourse in the Liri Valley (South of Italy), 1806-1916 ». Environment and History 13, no 1 (1 février 2007) : 3–23. http://dx.doi.org/10.3197/096734007779748264.
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Bonadio, Enrico, et Magali Contardi. « The Geographic Indication Prosecco Battle Between Italy and Australia : Some Lessons from the History and Geography of the Most Famous Italian Wine ». Journal of World Investment & ; Trade 23, no 2 (26 avril 2022) : 260–92. http://dx.doi.org/10.1163/22119000-12340248.
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Abstract This article seeks to contribute to the debate around the legality of the Prosecco geographical indication (GI). The article’s main point is to demonstrate that the term Prosecco does satisfy the conditions laid down in Article 22 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and that its protection as a GI in both the European Union (EU) and other countries does not run counter to TRIPS. Through a review of the relevant literature, the article shows that this term has been used for many centuries in the northeastern part of the Italian peninsula to refer to a high-quality wine, including in the territory around the village of Prosecco in the Friuli Venezia Giulia region of Italy. This suggests a strong link between that area and the quality and reputation of the famous Italian sparkling wine and strengthens the EU and Italy’s claims for the protection of the term Prosecco as GI in both the EU and other countries that sign trade agreements with the EU.
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wohlwill, emil. « the discovery of the parabolic shape of the projectile trajectory ». Science in Context 14, s1 (juin 2001) : 375–410. http://dx.doi.org/10.1017/s0269889701000448.
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in the fourth volume of his history of the experimental method in italy (caverni 1891–1900, 4:506–33), raffaello caverni fulfilled the promise he had made four years earlier in an introductory overview of his work (ibid., 1:135–36): to prove on the basis of the history of the discovery of the parabolic shape of the projectile trajectory that galileo claimed the intellectual property of his eminent contemporaries as his own, and to show how this was accomplished. one had the right to expect that the proponent of such an entirely new opinion in a case which he himself considered to be, in the words of bacon, an instantia praerogativa for the justification of his view, would weigh the value of each individual argument with absolute impartiality and do complete justice to the ambiguity of the given facts. he would have to state his case in compelling logic so that a clear-thinking individual would have no choice, in this case at least, but to believe in the dishonorable theft by a great man. in these expectations we have been disappointed thoroughly by caverni: his argumentation is in all aspects that of a shrewd lawyer who considers it his task to allow only one side of the question to come to light, to collect everything that might be utilized in favor of his biased reading, to hold back anything which might give rise to the idea that things could be viewed in another way. he believed it permissible for his own purposes to operate with presumptions as if they were facts, and to regard as proven what is at best probable.
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Ghezzi, Agnese. « Filing the world : Archives as cultural heritage and the power of remembering ». International Journal of Constitutional Law 19, no 5 (1 décembre 2021) : 1738–55. http://dx.doi.org/10.1093/icon/moab138.
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Abstract This article analyzes the relationship of archives to law and history, taking a critical look at the complex interplay between preservation, memory, and forgetting. Going beyond the idea of the archive as fixed and immovable, the article considers the archive in its dynamism, its chronological evolution, and its changing relations to both the state and the private individual. The article draws on examples from both national legislation and international bodies to highlight different problems arising from crucial dichotomies. The case of Italy shows how the significance of archives oscillates between historical and administrative; the French case underlines the clash between state secrecy and public access; and English-speaking countries bring about a discussion on the contrasts between private and public property. Cases of national as well as international bodies provide examples of archives’ relationship to memory and oblivion, as well as of global and local management. The article considers how the establishment of dedicated institutions, guidelines, and constraints shapes the process of document preservation and access, enabling or frustrating the dissemination of historical awareness, administrative transparency, and human rights recognition.
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Sperling, Jutta. « Dowry or Inheritance ? Kinship, Property, And Women's Agency in Lisbon, Venice, and Florence (1572) ». Journal of Early Modern History 11, no 3 (2007) : 197–238. http://dx.doi.org/10.1163/157006507781147470.
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AbstractThe marital property regimes, inheritance practices, and kinship structures of Renaissance Italy and early modern Portugal were at opposite ends of a spectrum. In Italy, the legitimacy of marriage was defined as the outcome of dowry exchange governed by exclusio propter dotem, thus conceptually linked to the disinheritance of daughters and wives. In Portugal, where the Roman principle of equal inheritance was never abolished, domestic unions qualified as marriages insofar as joint ownership was established. Kinship structures were rigidly agnatic in Italy, but cognatic, even residually matrilineal, in Portugal. An investigation of notarial records from Lisbon, Venice, and Florence shows how women's capacity for full legal agency as property owners in both societies differed. Female legal agency, however, whether measured by women's capacity to engage in property transactions independently of their marital status (Portugal), or as the manipulation of limited legal resources, even resistance against a system of dispossession (Italy), always unfolded within the context of larger agendas that were beyond women's control, such as the processes of state formation in medieval Italy and empire-building in Portugal.
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O'Kane, Stephen G. « What right to private property ? » Economy and Society 26, no 4 (novembre 1997) : 456–79. http://dx.doi.org/10.1080/03085149700000024.
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Чиниев, Дилшод, et Dilshod Chiniev. « THE LIMITS AND LIMITATIONS OF PROPERTY RIGHTS IN THE LAWS OF FOREIGN COUNTRIES ». Journal of Foreign Legislation and Comparative Law 1, no 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16136.
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The author conducts historical and comparative law analysis of the limits and restrictions for the right of ownership in accordance with legislations of such foreign countries as Austria, Hungary, Belgium, Germany, Greece, Denmark, Spain, Italy, Ireland, Luxemburg, Poland, Portugal, Russia, the Czech Republic, Switzerland, and Japan. The author analyzes limits and restrictions in the exercise of the right of ownership, proprietary’s responsibilities, issues of socialization of the right of ownership, the necessity to impose restrictions to the right of ownership, conditions for the implementation of this institute etc. The author draws the conclusion on the need for proprietors to allow restricted use of their property by other persons.
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Cammelli, Maddalena Gretel. « Unspoken Legacies of Fascism in Italy ». Current History 122, no 842 (1 mars 2023) : 115–17. http://dx.doi.org/10.1525/curh.2023.122.842.115.
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As Italy marked the hundredth anniversary of Mussolini’s March on Rome, the leader of a post-fascist party became prime minister for the first time since World War II. Yet this was not a sudden resurgence; the legacies of fascism have permeated Italian society and politics for decades, taking shifting forms—not only on the far right.
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Shabalin, Andrii. « The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land ». Theory and Practice of Intellectual Property, no 6 (16 juin 2021) : 147–55. http://dx.doi.org/10.33731/62020.234066.
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Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure
The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal regulation and judicial procedure for the protection of propertylegal rights to land. In this scientific article, the author pays considerable attention to thedevelopment of judicial protection of legal property rights to land in the historical periodof the emergence of the independent state of Ukraine (1917−1918 yy). The author of thearticle writes that during this period the legal right to land received significant development:the land plot could be inherited, the right to rent the land could also be inherited.The procedure for the judicial protection of the legal right to land had no legal peculiarities.The author describes that during the Soviet period of Ukraine's existence, there was no legal property right to land. Only the state could have legal property rights to land.This means that the courts did not protect the private property legal right to land. Onlywhen Ukraine became an independent state did a private property legal right to landemerge. During this historical period, a significant number of legal instruments for theprotection of proprietary legal rights to land appeared in the legislation of independentUkraine. The property legal right to land was protected by the court. It is the judicialprotection of the property legal right to land that is democratic and meets the Europeandemocratic standards for the protection of property rights. The modern features of thegenesis of legal protection of property legal rights to land, which are protected by thecourt in the civil procedure of Ukraine, have been investigated. The author has createdand described new stages in the development of civil procedural protection of legal propertyrights to land.
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Smith, Peter M. « The Advowson : The History and Development of a Most Peculiar Property ». Ecclesiastical Law Journal 5, no 26 (janvier 2000) : 320–39. http://dx.doi.org/10.1017/s0956618x00003811.
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The right of patronage has for many centuries played a most significant role in the life of the English Church. In many ways it is a remarkable concept. What could be more spiritual than the right to present a clerk who is to have the care of the souls of a parish to the bishop for admission and institution? Yet from around the twelfth century this right has been regarded in England as a piece of secular property, and disputes concerning this right cognisable in the common-law courts. Coke tells us that it is an ‘incorporeall inheritance’, or, to use a more modern term, an ‘incorporeal hereditament’, which is real property capable of devolving to heirs on intestacy and yet takes no tangible form: an invisible right which gives substantial power to those who possess it.
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Alfani, Guido. « Wealth Inequalities and Population Dynamics in Early Modern Northern Italy ». Journal of Interdisciplinary History 40, no 4 (avril 2010) : 513–49. http://dx.doi.org/10.1162/jinh.2010.40.4.513.
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An analysis of the wealth and population of early modern Ivrea—based on the estimi, or property tax, records; the correzioni degli estimi, a continuous series of tax records rarely found elsewhere and hardly ever used before; the census of 1613, another unique and informative source; and other archival records—finds that the city's concentration and distribution of wealth was resilient even in face of acute demographical shocks (such as the plague of 1630) and that inequalities in property underwent a slow increase even in economically stagnant areas during the seventeenth century. The article places these findings in a European perspective, and it debates Jan van Zanden's hypothesis of a positive relationship between inequality in wealth and demographical/economic growth before the Industrial Revolution.
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KOVAL, Lubov. « ACCOUNTING RECORDS : PAST AND PRESENT ». "EСONOMY. FINANСES. MANAGEMENT : Topical issues of science and practical activity", no 2 (42) (février 2019) : 88–99. http://dx.doi.org/10.37128/2411-4413-2019-2-8.
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The degree of development of science is determined by the level of studying its history. This is also applicable to such an important element of the accounting method as recording. Since ancient times, registration of facts of economic life in accounts has been carried out. Initially, there was a practical activity (accounting), connected directly with keeping records on accounts and their display in corresponding books. Only later on the basis of accounting appeared scientific developments and accounting began to emerge as a set of theoretical knowledge. The profession of accountant has historical origins and has emerged as a practical activity, so the scientific basis of accounting requires further development and understanding. The reflection of business operations is carried out in a large number of accounts. Depending on the objects of the accounting, the information is displayed only on the basis of homogeneous business operations, so in practice it is necessary to know the content, function and purpose of each account and understand what information to account for. This contributes to: the application of common approaches to the reflection of economic transactions in the practical activities of public sector entities; obtaining the necessary indicators for monitoring and analysis; making the right managerial decisions. The purpose of the article is to study the historical periodization of the use of accounts in the past and present. Accounting records are inextricably linked with the accounting itself. In this regard, the history of the emergence and development of the use of accounts is closely interconnected with the historical aspects of accounting as a science. The literature distinguishes four main periods of accounting development. Historical evidence indicates the existence in various countries of the ancient world of accounting the economic operations and their diverse nature and origin. So, there are evidence of that time of the emergence and application of a double entry, reflecting the arrival and departure of products and other tangible assets. In the Ancient World, accounting was based solely on facts, that is, it occupied a static position. The basis of static accounting is the direct registration of property and regular inventory. Direct registration required the indication of a particular object. Subsequently, there was an indirect registration, which included the use of data from the "primary documents" to fix the object. Thus, accountants began to use supporting documents that formed the basis of the present primary. Understanding the economic content of an account and the correctness of its use is the basis of accounting. Therefore, it is very important to classify accounts on various grounds. Classification is reduced not only to the ordering of a fixed set of accounts, but consists in the construction of an accounting system based on the study of processes that comprise the activities of economic agents, the analysis of information needs for their display and the identification of the possible obtaining of this information. Thus, the objective of classification of synthetic accounts depends not only on the reliability of the reflection in accounting for the links between objects that change as a result of economic facts, but also the organization of analytical accounting. Nobody knows the creator of accounting science. The origin of the double entry is traced from the 13th-14th centuries in some parts of northern Italy. At the same time, the historical preconditions for the emergence of a double entry system in the cities of Italy were outlined in the writings of the famous American scholar A.Ch. Littleton. Double accounting began to be recognized in Europe. According to historical data, Luka Pacioli made the first systematization of accounting. The scientist first collected and systematized certain information used by merchants of that time while conducting their trading accounts and records. Along with double accounting, there existed a doctrine of other systems, including triple accounting. This condition has increased the attention of scholars to the development of business accounting as a science. So, we can talk about a certain similarity of the Ukrainian national accounting model, and the German school, which has made a significant contribution to the development of world accounting. In general, considering the way that accounting passed from the time of his birth in antiquity, to the time when he became a science, it is necessary to note a certain cyclicity and subordination to the general laws of philosophy and historical social development, which is of great importance for future research in the field of accounting. Consequently, the historical excursus in the development of accounting and book-keeping provides an opportunity to assert the interconnection of other sciences with accounting. It should be noted that accounting, as a practical activity, and accounting, as a science, are interrelated. Knowledge obtained in the study of other adjacent to the accounting sciences will contribute to the further research and construction of new accounting models. Studies in the field of accounting science will allow to significantly improve the existing accounting practice at enterprises and to raise the efficiency of their operation.
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Varun, Prashant. « History of Female Coparcener and her rights to Coparcenary property towards Gender Justice : A Legal Study under Hindu Law ». ANVESHA-A Multidisciplinary E-Journal for all Researches 3, no 1 (2022) : 36–40. http://dx.doi.org/10.55183/amjr.2022.vo3.lsi.01.007.
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In a country where parochial mind sets are deeply rotted, it is evident to find laws structured specially to cater to the benefits of men, who occupy a dominant pole in every spare. A relatable Instance was the devolution of property among the coparceners, where the only male coparcener of the Hindu joint family reckoned to be natural heirs to the ancestral property. It was the ipso facto gender-biased and unjust. The devolution of property under Hindus is governed by the Hindu Succession Act, 1956, which is with the due course of time change the status of a female coparcener and their right to coparcenary property. This is a journey where a female from nothing to getting equal status as to the male coparcener by reforming the patriarchal laws which were prevailing before the modern Hindu law. The Indian Constitution also enshrined the concept of equality and gender justice. By the virtue of Constitutional morality, the Indian judiciary preserved the right to equality and justice for all without any discrimination. The discriminatory practice of the female right to property is now changed and she also has the right to property absolutely like a son.
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Di Porto, Edoardo, Tommaso Oliviero et Annalisa Tirozzi. « The economic effects of immovable property taxation : A review of the Italian experience ». ECONOMIA PUBBLICA, no 1 (mars 2021) : 25–43. http://dx.doi.org/10.3280/ep2021-001002.
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In this paper we review the results in the empirical literature on the effects of immovable property taxation reforms occurred in Italy in the last decades. We preliminary resume the recent history of property taxation reforms and discuss why Italy represents a good experimental laboratory to identify their effects on economic outcomes. We then review the empirical contributions regarding the impact of the ICI, introduced in 1993, and of the IMU, introduced in 2012, on local firms' investments, property values and households' consumption. We finally resume the findings related to the political economy of residential property taxation with respect to the incentives of local authorities, tax avoidance and voters' reaction
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CHAUDHRY, FAISAL. « A Rule of Proprietary Right for British India : From revenue settlement to tenant right in the age of classical legal thought ». Modern Asian Studies 50, no 1 (15 juin 2015) : 345–84. http://dx.doi.org/10.1017/s0026749x14000195.
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AbstractScholars have long debated the impact of the British ‘rule of property’ on India. In our own day it has become common for historians to hold that the Raj's would-be regime of free capitalist property was frustrated by a pervasive divide between rhetoric and reality which derived from a fundamental lack of fit between English ideas and Indian land control practices. While seemingly novel, the contemporary emphasis on the theory-practice divide is rooted in an earlier ‘revisionist’ perspective among late-nineteenth-century colonial thinkers who argued that land control in the subcontinent derived from a uniquely Indian species of ‘proprietary’ (rather than genuinely propertied) right-holding. In this article, I critically examine the revisionist discourse of ‘proprietary right’ by situating it in a broader comparative perspective, both relative to earlier ideas about rendering property ‘absolute’ during the East India Company's rule and relative to the changing conception of the property right among legal thinkers in the central domains of the Anglo-common law world. In so doing, the article significantly revises our understanding of the relationship between property, law, and political economy in the subcontinent from the late eighteenth to the late nineteenth century.
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Roza, Stéphanie. « Social rights and duties in Babeuf and the neo-Babouvists (1786–1848) ». French History 33, no 4 (décembre 2019) : 537–53. http://dx.doi.org/10.1093/fh/crz091.
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Abstract This article examines the conception of social rights found in the writings of François-Noël Babeuf in the late eighteenth century and those of his followers, the neo-Babouvists, in the first half of the nineteenth. Both believed that social rights were to be based on natural needs, which they categorized as physical and moral: while physical needs necessitated the right to subsistence, moral needs encompassed the right to education. Babeuf and the neo-Babouvists also believed that social rights were inseparable from principles of equality and the reciprocity of rights and duties among society’s members. The neo-Babouvists developed this notion of reciprocity into the view that labour laws and the right to work constituted the legitimate and reciprocal counterparts of the property rights of employers. This balancing of property rights and workers’ rights was to be provisional, however, pending the transformation of society towards a community of goods.
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Scheiber, Harry N., et James W. Ely. « The Guardian of Every Other Right : A Constitutional History of Property Rights. » American Historical Review 99, no 3 (juin 1994) : 964. http://dx.doi.org/10.2307/2167907.
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Baxter, Maurice, et James W. Ely. « The Guardian of Every Other Right : A Constitutional History of Property Rights. » Journal of American History 80, no 2 (septembre 1993) : 653. http://dx.doi.org/10.2307/2079909.
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Vile, John R., et James W. Ely. « The Guardian of Every Other Right : A Constitutional History of Property Rights ». Journal of Interdisciplinary History 24, no 4 (1994) : 743. http://dx.doi.org/10.2307/205665.
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Miller, Geoffrey P., et James W. Ely. « The Guardian of Every Other Right : A Constitutional History of Property Rights ». American Journal of Legal History 37, no 3 (juillet 1993) : 378. http://dx.doi.org/10.2307/845671.
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Fein, Bruce. « The Guardian of Every Other Right : A Constitutional History of Property Rights ». History : Reviews of New Books 21, no 2 (janvier 1993) : 71. http://dx.doi.org/10.1080/03612759.1993.9948561.
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Azinge, Epiphany. « The Right to Vote in Nigeria : A Critical Commentary on the Open Ballot System ». Journal of African Law 38, no 2 (1994) : 173–80. http://dx.doi.org/10.1017/s0021855300005507.
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The right to vote in Nigeria has a rather chequered history. Universal adult suffrage became a reality in Nigeria in the 1979 elections when women in the North were allowed for the first time to participate in elections. Originally the right to vote was thought of as a direct consequence of property interests rather than adhering to the person as a political right. It was only gradually that the vote was altered from a property and income right to a political right.
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Zahra, Tara. « Reclaiming Children for the Nation : Germanization, National Ascription, and Democracy in the Bohemian Lands, 1990–1945 ». Central European History 37, no 4 (décembre 2004) : 501–43. http://dx.doi.org/10.1163/1569161043419299.
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InSeptember of 1899 the Czech National Social Party issued a stern warning to parents in Prague as the school enrollment season approached: “Czech parents! Remember that your children are not only your own property, but also the property of the nation. They are the property of all of society and that society has the right to control your conduct!” Czech and German nationalists in the Bohemian lands were hardly alone in claiming that children comprised a precious form of “national property” (nationaler Besitz, národanímajetek) at the turn of the century. In an age of mass politics and nationalist demography, nationalists across Europe obsessed about the quantity and quality of the nation's children. They were, however, unique in their ability to transform this polemical claim into a legal reality. Between 1900–1945, German and Czech nationalist social workers and educational activists in the Bohemian lands attempted to create a political culture in which children belonged to national communities, and in which the nation's rights to educate children often trumped parental rights. In 1905, nationalists gained the legal right to “reclaim” children from the schools of the national enemy in Moravia, a right which they retained until 1938. By the time Ota Filip's father dragged him to the German school in Slezská Ostrava/Schlesisch Ostrau, children had become one of the most precious stakes in the nationalist battle, and a parent's choice of a German or Czech school had become a matter of unprecedented personal, political, moral, and national significance.
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Calingaert, Michael. « Italy's Choice : Reform or Stagnation ». Current History 107, no 707 (1 mars 2008) : 105–11. http://dx.doi.org/10.1525/curh.2008.107.707.105.
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Probably the best hope for Italy is … a reorientation of the political landscape, in which the center-right and center-left coalitions shed some of their more troublesome supporters and move toward the center, whether together or not.
30
Zhang, Xiaoyang. « PROTECTING PRIVATE PROPERTY IN CHINA - WHOSE PROPERTY ? » Denning Law Journal 25, no 1 (26 septembre 2013) : 19–41. http://dx.doi.org/10.5750/dlj.v25i1.744.
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The importance of protecting private property in China has now ascended to the same level as that of safeguarding public assets which has traditionally been a top priority for socialist nations. This article will firstly and heavily expound on the rationale behind the availability and at certain times the marginalisation of protecting private property de jure and de facto during some momentous stages in modern Chinese history. It will then touch on a lingering problem relevant to today’s Chinese society arising from the drainage of state assets, a phenomenon having occurred in the transformation process of China’s economic regimes over the most recent decades. It finally argues that while protecting the right to lawful private property is not a matter in dispute, pursuing the protection of private property shall in no way lead to the weakening of sticking to the core value of justice and egalitarianism, a key to ensuring a sound socialist institution.
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Lamoreaux, Naomi R. « The Mystery of Property Rights : A U.S. Perspective ». Journal of Economic History 71, no 2 (6 juin 2011) : 275–306. http://dx.doi.org/10.1017/s0022050711001537.
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Economic development requires both secure property rights and the ability to reallocate property in response to technological and other changes. Significant reallocations have occurred repeatedly throughout U.S. history and have often been involuntary. This essay considers the question of how property rights can be subject to frequent involuntary reallocation and still be considered secure. “Upon the sacredness of property civilization itself depends—the right of the laborer to his hundred dollars in the savings bank, and equally the legal right of the millionaire to his millions.”1Andrew Carnegie
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LEUCHTER, TYSON. « THE ILLIMITABLE RIGHT : DEBATING THE MEANING OF PROPERTY AND THEMARCHÉ À TERMEIN NAPOLEONIC FRANCE ». Modern Intellectual History 15, no 1 (28 mars 2016) : 3–32. http://dx.doi.org/10.1017/s1479244316000081.
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At a critical moment during the Napoleonic era, the stockbrokers of Paris were summoned before the Council of State to defend themarché à terme, or futures contract in public debt. Surprisingly, despite official disdain and ample legal opportunity for prohibition, the brokers’ argument was successful, and themarché à termeescaped repression. The defense of themarché à termeturned on the nature of property. To critics, it divided property from possession, severing property from any concrete anchors. Advocates, by contrast, pointed to the inherent abstraction of property encoded in legal norms. These debates helped shape a concept of property in which economic utility, legal validity, and moral grounding converged. As a central pillar of the new regime, this concept of property also constrained political authority. The successful defense of themarché à termeshows that property was a right that not even authoritarian regimes could restrict arbitrarily.
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Seipp, David J. « The Concept of Property in the Early Common Law ». Law and History Review 12, no 1 (1994) : 29–91. http://dx.doi.org/10.1017/s073824800001124x.
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“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical property in goodwill, inventions, designs, artistic expression, symbols, secrets, privacy, and celebrity, as well as “new” property in social security benefits, government contracts, job security, and occupational licenses. Recent scholars have identified property with autonomy, personality, political participation, and reliance interests. Thus expanded, the concept of property threatens to disintegrate. If it includes everything, does it mean anything?
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BAKER, GIDEON. « Right of entry or right of refusal ? Hospitality in the law of nature and nations ». Review of International Studies 37, no 3 (29 novembre 2010) : 1423–45. http://dx.doi.org/10.1017/s0260210510001269.
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AbstractThis article explores the account of international hospitality found in the natural law tradition from Vitoria to Kant. Rather than limit itself to intellectual history, the focus here is on a more enduring theme: the double-bind of hospitality which the natural lawyers encountered in seeking to find a place for the welcome of the foreigner in the ‘law of nations’. Although these thinkers agreed on a natural right of communication, this proved destabilising, even destructive, of the property claims by which hosts establish their domain as properly theirs in the first place. All struggled with this double-bind, though this took different forms, from the concern that the law of hospitality might thereby justify colonial appropriation to fears for how it could threaten sovereignty. Two thinkers arguably find a way out of the double-bind of right of communication-right of property in hospitality, but sacrifice the law of hospitality in the process: Pufendorf, subordinating communication to property, turns hospitality into charity and thereby effectively denies it status as a law of nature; Kant, putting communication first, makes hospitality a matter of right, not philanthropy, but also sees it as instrumental to the development of a global civil condition, where it would be redundant.
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Soloviov, O. M. « The right to property and the right of trust property (on the way to recodification of the civil legislation of Ukraine) ». Problems of Legality, no 155 (20 décembre 2021) : 69–75. http://dx.doi.org/10.21564/2414-990x.155.243851.
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The article examines the socio-economic background of the introduction of trust and other trust-like structures in the legislation of Ukraine. As a result of considering the history of the origin of the institution of trust and a systematic analysis of the provisions of domestic civil legislation, reasoned conclusions were formulated on the issues studied. The given short historical retrospective of attempts to introduce trust property and trust-like constructions into the legislation of Ukraine allows to state that they almost always led to "unworthy", negative social, financial and economic results. The question of the purpose of ignoring one's own negative experience of implementing trust-like structures in the domestic civil legislation is reasonable. Isn't it better, remembering the functions of the science of civil law, to draw the right conclusions from this experience and rely on them in their further law-making activities?! The article draws attention to the experience of using the construction of trust and trust property in the Anglo-American legal system (which, unlike ours, is calculated for centuries), and establishes that this legal institution in addition to legitimate purposes (which are charity, preservation of property from waste, formation of pension funds, etc.), is extremely popular as a means of achieving illegal and negative social results (for example, such as tax evasion, abuse of tax rates, concealment of property and income, legalization of property obtained as a result of committing crime, concealment of illegal funding of political parties and their leaders, etc.). It is obvious that the blind borrowing of someone else for the domestic legal system and the archaic institution of trust property will lead to the penetration into our legal reality of all its inherent shortcomings. Law is a regulator of social relations (and economic in particular). In this case, public relations are primary, and law - secondary. Only those civil law institutions properly perform the regulatory function that determines their existence, which are in demand throughout the history of economic relations and necessary for society as a prerequisite for its normal existence and development. If social relations have not developed, then is there a need to create "artificial" legal institutions or to borrow legal structures generated in the bosom of other legal systems to regulate relations that have developed in the age of feudalism?! These circumstances must be taken into account in any attempts to improve the acts of civil law, and in recodification, including. The question of the sufficiency (or insufficiency) of the socio-economic base for the introduction of the institution of trust in Ukraine should be categorized as rhetorical. Trust construction is just a legal tool. And the result of its application will depend on the quality of regulatory "material" proposed by the legislator (and he, in turn, representatives of the doctrine of civil law), on establishing the place of this legal institution in the civil law system, and creating legal barriers that minimize it use to achieve a socially negative effect.
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Breitenbach, Angela. « Kant goes fishing : Kant and the right to property in environmental resources ». Studies in History and Philosophy of Science Part C : Studies in History and Philosophy of Biological and Biomedical Sciences 36, no 3 (septembre 2005) : 488–512. http://dx.doi.org/10.1016/j.shpsc.2005.07.002.
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Bouchet, Thomas. « Socialist vicissitudes on the right to work in France, 1848–1851 ». French History 33, no 4 (décembre 2019) : 572–86. http://dx.doi.org/10.1093/fh/crz093.
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Abstract This article examines the different meanings given to the ‘right to work’ during the French Second Republic (1848–51). Although liberals painted all demands for this right with the same ‘socialist’ brush, denouncing them as vague and dangerously utopian, calls for this right were neither vague nor exclusively socialist. Those espousing the right to work held concrete, if differing, views about what duties it entailed and what its relation was to private property, political rights and the role of the state. This essay examines the views of socialists, non-socialist and labour associations on the right to work, examining how they changed in the course of the Revolution of 1848. As faith waned in the state’s willingness and ability to secure it, so, too, did preoccupations with the right to work, which gave way increasingly to associationalism. The right would not become constitutional until the Fourth Republic.
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Virchenko, V. « HISTORY OF THEORETICAL CONCEPTIONS DEVELOPMENT OF NATURE AND SOURCES OF INTELLECTUAL PROPERTY RIGHT ». Bulletin of Taras Shevchenko National University of Kyiv Economics, no 146 (2013) : 15–18. http://dx.doi.org/10.17721/1728-2667.2013/146-5/4.
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Bellucci, Paolo. « Changing Models of Electoral Choice in Italy ». Modern Italy 12, no 1 (février 2007) : 55–72. http://dx.doi.org/10.1080/13532940601134841.
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Scholars argue that the realignment of the electorate which took place with the transition to the so-called Italian Second Republic followed mainly a traditional partisan pattern, with electors of the former centre ruling parties (the Christian Democrats and the Socialists) turning to vote for the new centre and right parties (Forza Italia and the National Alliance), while left-wing voters continued to hold their traditional allegiance. Behind this apparent electoral turmoil there would appear to be little in the way of voter mobility. Such a reading implies continuity in the motivations of voters who behaved according to their previous ‘personal electoral history’ and in accordance with their sub-cultural political identification. Here an alternative interpretation is proposed in which it is argued that as a result of the 1994 realignment elections voters who deserted the centre (the heirs of the Christian Democrats) did so also according to their class interest and in response to the policy proposal of the centre-right. Since that time a ‘valence model’ of electoral behaviour has begun to emerge where ‘reasoning voters’ react to the performance of the incumbent, and voting also depends on an assessment of leadership, policy performance and issues.
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Preite, Massimo. « RECOVERED FACTORIES : INDUSTRIAL HERITAGE REUSE IN ITALY ». Ural Historical Journal 71, no 2 (2021) : 55–64. http://dx.doi.org/10.30759/1728-9718-2021-2(71)-55-64.
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In the wake of deindustrialisation, Italy too has been affected by the significant phenomenon of the closure of industrial plants and facilities, which in some ways has marked the end of an era. Physical evidence of past industrial activity was at first considered to be an obstacle to the development of areas and therefore to be removed. It was only at the end of the 80s of the last century that a more widespread interest in the protection of old factories was aroused. Three themes will be examined in the course of this article. First of all, an attempt will be made to identify the time frame of reference of the Italian industrial heritage, so as not to exclude past experiences of productive organization that anticipated the modern factory system. The second theme is the different methodologies of recovery and conversion of old work spaces into spaces for new activities. The characteristics of the industrial heritage require different methods of intervention, among which exemplary restoration is only one of the possible solutions. More often it is the task of the project to find the right balance between conservation and transformation in the rehabilitation of industrial buildings. The third theme concerns the role of industrial heritage in urban regeneration programmes. In order to be fully appreciated, this role requires a higher level of vision, a focus not on individual interventions but on the benefits that an entire district or city can gain from an integrated rehabilitation of its industrial heritage.
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Wood, Ian. « ENTRUSTING WESTERN EUROPE TO THE CHURCH, 400–750 ». Transactions of the Royal Historical Society 23 (19 novembre 2013) : 37–73. http://dx.doi.org/10.1017/s0080440113000030.
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ABSTRACTAlthough there had been substantial donations to the church in the course of the last two centuries of the Roman Empire, the amount of property transferred to the episcopal church and to monasteries in the following two and a half centuries would seem to have been immense. Probably rather more than 30 per cent of the Frankish kingdom was given to ecclesiastical institutions; although the Anglo-Saxon church was only established after 597, it also acquired huge amounts of land, as did the churches of Spain and Italy, although the extent conveyed in the two peninsulas is harder to estimate. The scale of endowments helps explain the occasional criticisms of the extent of church property, and also the secularisations and reallocation of church land, and indeed suggest that the transfer of property out of the control of the church in Francia and England in the eighth century may have been greater than is often assumed. The transfer of land should probably also be seen as something other than a simple change of ownership. Church property provided the economic basis for cult, for the maintenance of clergy, who were unquestionably numerous, and for the poor. In social and economic, as well as religious terms, this marked a major break with the Classical World.
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Risk, Richard, et Robert C. Vipond. « Rights Talk in Canada in the Late Nineteenth Century : “The Good Sense and Right Feeling of the People” ». Law and History Review 14, no 1 (1996) : 1–32. http://dx.doi.org/10.2307/827612.
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I am a friend to the preservation of the rights of property…but I believe in the subordination of those rights to the public good…. I deny that the people of my Province are insensible to or careless about the true principles of legislation. I believe they are thoroughly alive to them, and I am content that my rights of property, humble though they are, and those of my children, shall belong to the Legislature of my country to be disposed of subject to the good sense and right feeling of the people of that Province.Edward Blake made this declaration about property in 1882. Presumably his beliefs were widely shared by Canadian lawyers, for he was the leader of the Liberal party, the Treasurer of the Law Society of Upper Canada (Ontario), and one of the leading counsel. We seek to explore his beliefs and to reconstruct the understandings of rights in late nineteenth-century Canada, and especially the understandings of common-law lawyers.
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Traina, Giusto. « Orientals in Late Antique Italy : Some Observations ». Electrum 29 (21 octobre 2022) : 249–59. http://dx.doi.org/10.4467/20800909el.22.016.15786.
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Some evidence points at the presence of Orientals in late Roman Italy: traders (labelled “Syrians”), petty sellers (the pantapolae in Nov. Val. 5), but also students, professors such as Ammianus Marcellinus, or pilgrims. Although being Roman citizens, nonetheless they were considered foreign individuals, subject to special restrictions. The actual strangers made a different case, especially the Persians. The situation of foreign individuals was quite different. Chauvinistic attitudes are widely attested, and they worsened in critical periods, for example after Adrianople. This may explain the laws of early 397 and June 399, promulgated during Stilicho’s regency, which prohibited the wearing of trousers (bracae) and some fashionable boots called tzangae. Of course, some protégés of the imperial court had the right to enter Italy, as it was the case of the Sassanian prince Hormisdas, who accompanied Constantius II in his visit of Rome in 357.
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Couperus, Stefan, et Pier Domenico Tortola. « Right-wing populism’s (ab)use of the past in Italy and the Netherlands ». Debats. Revista de cultura, poder i societat 4 (25 décembre 2019) : 105–18. http://dx.doi.org/10.28939/iam.debats-en.2019-9.
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Historical analysis is increasingly used as a tool in the study of present-day populism in Europe. The past is often explored as a source of analogies through which to examine today’s populism, and at other times in search of causal mechanisms to explain the current populist wave. In this paper we focus on a third kind of link between populism and the past, namely the ways populist movements and leaders use and abuse history and historical memory in their quest for mass support. This angle on the populism/history nexus can yield deep insight into the ideological make-up of these movements and their voters, and populism’s discursive dynamics and strategies.Focusing on contemporary right-wing populism and its approach to the dark past of European countries, the paper conducts an exploratory analysis that posits three ways in which the past is (ab)used by populists: (a) the positive reassessment of dark history; (b) the recourse to fake history; (c) the evocation and subsequent denial of links with the dark past. In examining each, we use examples taken from the cases of Italy and The Netherlands to check the plausibility of our categories across different national cases.
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Güçlü, Yücel. « Fascist Italy’s 'Mare Nostrum' Policy and Turkey ». Belleten 63, no 238 (1 décembre 1999) : 813–46. http://dx.doi.org/10.37879/belleten.1999.813.
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Following his seizure of power in 1922, Mussolini began to pursue the policy of 'mare nostrum' of the ancient Romans. He had an eye on the Anatolian lands bordering the Mediterranean. Local symbol of the Italian menace was the Dodecanese Islands which were started to be fortified in 1934. Mussolini's speech of that year showed that Italy did not renounce its earlier designs on Turkish territory. Atatürk did not take Mussolini's claims seriously, but the danger Italy represented could not be ignored. During the Ethiopian crisis, Turkey supported the League of Nations' sanctions against Italy and advocated the principle of collective security. Facing Italian expansionism, Turkey requested the holding of an international conference in Montreux and succeeded to obtain the right of bringing back the Straits to full Turkish sovereignty. Turkey's distrust of Italy deepened in 1937 and 1938. Ankara disliked the policy of Rome-Berlin axis. It did not acquit Italy of designs in the eastern Mediterranean. Italian occupation of Albania in 1939 soon led to Turkey's signing of mutual assistance agreements with Britain and France. Italy sharply denounced the Turco-Anglo-French rapprochement. For Turkey, as an ally in the eastern Mediterranean, had the strength to tip the balance against Italy.
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Singh, Bhavinee. « Monument Toppling : A Review of International Laws related to Cultural–Heritage Property and their Implications to Tourism ». Nepalese Journal of Hospitality and Tourism Management 2, no 1 (1 mars 2021) : 42–60. http://dx.doi.org/10.3126/njhtm.v2i1.44394.
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Recent public conversations around cultural property law have exposed this area of international law to several gaps that exist in this field. Cultural property is key to tourism across the world and brings in the much-needed inflow of money in an economy due to its attraction. However, the entire premise of cultural property law is based on preservation and this common thread runs through almost all international legal instruments and most domestic legislations. In this paper, it is analysed through a careful perusal of the history of international cultural property law, if there is scope to introduce a limited right to destroy cultural – heritage property. This is explored through reading of international human rights law along with cultural property law to advance suggestions of rethinking and revamping this legal regime, as it has strong implications to tourism management. In the conclusion, the paper also explores how tourism management would also be reshaped if the international right to destroy oppressive imagery becomes a part of the discourse
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Caponigri, Felicia. « Malleable monuments and comparative cultural property law : The Balbo monument between the United States and Italy ». International Journal of Constitutional Law 19, no 5 (1 décembre 2021) : 1710–37. http://dx.doi.org/10.1093/icon/moab136.
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Abstract Still standing in situ today, the Balbo monument in Chicago has presented an especially monumental challenge for the Chicago community, including members of the Italian American community in Chicago. This article considers the laws which regulate cultural heritage in the separate territories of Italy and the United States, cultural property law and historic preservation law, respectively, in light of archival research on the behind-the-scenes maneuvers of the Balbo monument’s installation. In certain circumstances, historic property is not the same as cultural property, even though historic property and cultural property may at times overlap. Identity may more greatly inform one category over another through the law’s terminology, connections to place, and resulting historical connections. The central proposal of this article is that some monuments, as they are defined with reference to history under the law, seem so specific to certain histories and historical narratives that they might be meant to be, perhaps counterintuitively, malleable monuments. Despite their characterization as historic property or cultural property, malleable monuments should, can, and, at times, already do, proverbially bend to our shifting and evolving notions of identity as they are inevitably tied to our histories. In Italy, “malleable” may mean tangible monuments with changing symbolism and cultural significance; in the United States, “malleable” may mean embodied symbolism and cultural significance with the impermanence of tangible monuments. Permanence is not definitive of malleable monuments’ existence; rather, impermanence is. Recognizing the complexity of what it means to be Italian in America today through the Balbo monument, the article concludes, may mean accepting the Balbo monument as a malleable monument.
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Hellwege, Phillip. « Enforcing the liferenter's obligation to repair : Roman law, ' ius commune ' and Scots law ». Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 79, no 1 (2011) : 81–119. http://dx.doi.org/10.1163/157181911x563066.
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AbstractA liferenter has the right to use the fiar's property. Furthermore, he has the right to possession. Only after the termination of the liferent, the fiar can take up the possession and the use of the property himself. In the meantime, the fiar will want the liferenter to maintain the property, e.g., to carry out repairs. In Roman law, the liferenter was first only under an enforceable obligation to repair if he had rendered the cautio usufructuaria. However, in the further development of Roman law an actio in factum emerged in order to enforce the liferenter's duty to repair even if no cautio usufructuaria had been given. The exact point of time when this actio was developed is unclear. It is suggested that it emerged towards the end of the era of classical Roman law. During the time of the ius commune it was uncontested that the liferenter's duty to repair was enforceable even if no cautio usufructuaria had been given. As a consequence the liferenter did not have to nd caution in every case but only if the liferenter's conduct gave rise to fear a material infringement of the fiar's rights. The cause to revisit the question of the enforceability of the liferenter's duty to repair in its historical development is a decision of the Scottish Court of Session in 2002.
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Colombo, Monica. « Discourse and politics of migration in Italy ». Discourse and politics of migration in Italy 12, no 2 (2 août 2012) : 157–79. http://dx.doi.org/10.1075/jlp.12.2.01col.
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This introductory essay aims at offering an overview of the historical, demographic and economic dimensions of migration in Italy – as well as of Italian politics and migration-related legislation. Based on statistics, research reports, and existing Italian and international literature on immigration-related issues, the paper highlights the profile of Italy’s migrant groups as well as the role they have been playing in the country’s labour market over time. The paper analyses key migration-related legislation showing that Italian immigration policies have been basically focused on ex post regularizations, control of new legal entries and repression of irregular ones. The increasing criminalization and securitization of immigration supported by right-wing parties and the most relevant features of public debate on immigration in Italy are highlighted.
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BLOMLEY, NICHOLAS. « Making Private Property : Enclosure, Common Right and the Work of Hedges ». Rural History 18, no 1 (16 mars 2007) : 1–21. http://dx.doi.org/10.1017/s0956793306001993.
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Analyses of enclosure in late sixteenth and early seventeenth century England have tended to focus on the social work of representations, in particular estate maps. I depart from this emphasis, however, in my attempt to focus on the consequential and often contradictory role of material objects in producing enclosure. In particular, I emphasise the important work that hedges did, physically, symbolically and legally, in the dispossession of the commoner. Acting as an organic barbed wire, the hedge was increasingly put to work to protect the lands of the powerful. Disrupting the propertied spaces of the commoning economy, hedges were not surprisingly targeted by those who opposed privatisation. The hedge, as both a sign and material barrier, served complicated and sometimes opposing ends. It materialised private property's right to exclude, but thus came into conflict with common property's right not to be excluded. The hedge was both an edge to property and was itself property. Both the encloser and the commoner, however, had property interests in the hedge. If broken, the hedge could signal violence and riot, or the legitimate assertion of common right. The hedge served as an often formidable material barrier, yet this very materiality made it vulnerable to ‘breaking’ and ‘leveling’.