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The History of English Law

By Pollock, Frederick, Sir

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Book Id: WPLBN0000663036
Format Type: PDF eBook
File Size: 29.51 MB.
Reproduction Date: 2005
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Title: The History of English Law  
Author: Pollock, Frederick, Sir
Language: English
Subject: Political science., Economics and literature, Economic & political studies series
Collections: Economics Publications Collection
Publication Date:
Publisher: Archive for the History of Economic Thought


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Pollock, S. F. (n.d.). The History of English Law. Retrieved from

Economic Theory Literature

Excerpt: CHAPTER TI. INHERITANCE p,p . 240-363. 1. Antiquities, pp. 240-260. The history of the family: a controversial theme, 240. The family as a unit, 240. No clans in England, 241. No permanent organization of the blood-feud group, 242. That group not a permanent legal unit, 243. The kindred as a local group, 243. Land-owning groups, 244. The kindred no corporation, 244 The household and land-ownership, 245. Forms of co-ownership, 245. Relative antiquity of co-ownership and ownership in severalty, 247. Co-ownership and aliquot shares, 247. Birth-rights, 248. History of birth-rights, 248, Birth-rights and inheritance, 248. Inheritance older than birth-rights, 249. Antiquity of inheritance, 249. Family ownership in England, 251. Birth-rights in England, 251. The restraint of alienation, 253. Partition of inheritances, 253. Appointment of heirs, 254. Restraint of alienation before the Conquest, 254. Last words on family ownership, 255. Nature of inheritance, 255. Inheritance and representation of the dead, 256. Representation in modern law, 256. Representation in ancient times, 257. Representation and religion, 257. Inheritance of debts and credits, 258. The inheritance need not descend in one mass, 259. Transition to later law, 260.

Table of Contents
CONTENTS. BOOK 11. CHAPTER IV. OWNERSHIPA ND POSSESSIpOp.N 1, -183. 5 1. Rights in land, pp. 2-29. Distinction between movables and immovables, 2. Is land owned 1 2. Ownership and lordship, 3. Ownership and feudal theory, 4. Tenancy in fee and life tenancy, 6. The tenant in fee, 7. The life tenant, 7. Position of the life tenant, 8. Tenant for life and the law of waste, 9. Tenant for life and public law, 9. Seisin of tenant for life, 9. Tenants for life in litigation, 10. The doctrine of estates, 10. The estate and the forma doni, 11. The power of the gift, 12. The form of the gift a law for the land, 1.7. The gift to a man and his heirs, 13. Duration of a fee, 14. Limited gifts, 15. The maritagium, 15. Gift to a man and the heirs of his body, 16. The conditional fee, 17. History of the conditional fee, 18. Statutory protection of conditioual gifts, 19. Settlements in cent. xiii., 20. Joint tenancies, 20. Reversion and remainder, 21. Remainders after life estates, 22. Reversion and escheat, 22. Remainders after conditional fees, 23. Gifts upon condition, 25. The form of the gift aud testitlucutary power, 26. Influence of the foma dmi, 27. Note on the conditional fee, 28.


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