Magna Carta and the Forest Charter: Two Stories of Property - What Will You Be Doing in 2017?

45 Pages Posted: 6 Oct 2016

See all articles by Paul T. Babie

Paul T. Babie

Adelaide Law School, The University of Adelaide

Date Written: October 4, 2016

Abstract

The legacy of Magna Carta contains so much more than merely the protection of property in the hands of the individual or individual freedom at the expense of the freedom of others. Indeed, one of the great themes emerging from Magna Carta, when one clears away its uses in American law, is the recognition of the community and obligation towards others as a balance to the protection of the individual and individual rights. But the process of clearing away the use of Magna Carta in American law requires a reunion of Magna Carta with its historical partner, the Forest Charter. In four Parts, this Article seeks to reunite these two great partners through the telling of two stories — one, the well-known story of Magna Carta’s place in how we understand property and the other, the entirely forgotten story of the Forest Charter’s balancing of Magna Carta’s first story of property. While we commemorate the first story in 2015, the other lies hidden in the mists of time.

Keywords: Property theory, Property law, Magna Carta, Forest Charter, American property law

JEL Classification: K10, K11

Suggested Citation

Babie, Paul T., Magna Carta and the Forest Charter: Two Stories of Property - What Will You Be Doing in 2017? (October 4, 2016). North Carolina Law Review, Vol. 94, 2016; U. of Adelaide Law Research Paper No. 2016-40. Available at SSRN: https://ssrn.com/abstract=2848008

Paul T. Babie (Contact Author)

Adelaide Law School, The University of Adelaide ( email )

Ligertwood Building
Adelaide, South Australia 5005
Australia
+61 8 8313 5521 (Phone)
+61 8 8313 4344 (Fax)

HOME PAGE: http://https://researchers.adelaide.edu.au/profile/paul.babie

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