Susan Reynolds
- Published in print:
- 2010
- Published Online:
- July 2014
- ISBN:
- 9780807833537
- eISBN:
- 9781469604282
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807895863_reynolds
- Subject:
- Law, Legal History
This book presents a history of expropriation of land for the common good in Europe and North America from medieval times to 1800. It contextualizes the history of an important legal doctrine ...
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This book presents a history of expropriation of land for the common good in Europe and North America from medieval times to 1800. It contextualizes the history of an important legal doctrine regarding the relationship between government and the institution of private property. The book concentrates on western Europe and the English colonies in America. As it argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. It cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. The book concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.Less
This book presents a history of expropriation of land for the common good in Europe and North America from medieval times to 1800. It contextualizes the history of an important legal doctrine regarding the relationship between government and the institution of private property. The book concentrates on western Europe and the English colonies in America. As it argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. It cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. The book concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.
Walter W. Woodward
- Published in print:
- 2010
- Published Online:
- September 2014
- ISBN:
- 9780807833018
- eISBN:
- 9781469603070
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807895931_woodward.9
- Subject:
- History, American History: early to 18th Century
This chapter focuses on the two conflicts that surfaced with explosive force in New England in 1637, which reverberated with particular impact on John Winthrop, Jr.'s new plantation in the mid-1640s. ...
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This chapter focuses on the two conflicts that surfaced with explosive force in New England in 1637, which reverberated with particular impact on John Winthrop, Jr.'s new plantation in the mid-1640s. For more than a decade, the success or failure of the alchemical project hinged on how the issues raised by these earlier events would be resolved. The first of these conflicts, the Pequot War of 1637, had reduced the once powerful Pequot nation to servile status and exacerbated already-strained Indian relations in the former Pequot territory. At the same time, it had created competing claims to the former Pequot lands between the English colonies of Connecticut and Massachusetts as well as among their Indian allies, all of whom had played a part in the Pequots' overthrow. The decision of John Winthrop, Jr. to establish his new plantation in the heart of the former Pequot country heightened the tensions produced by destabilized Indian relations and intracolonial English competition, as various protagonists, including Winthrop, sought to manipulate events to achieve the greatest advantage.Less
This chapter focuses on the two conflicts that surfaced with explosive force in New England in 1637, which reverberated with particular impact on John Winthrop, Jr.'s new plantation in the mid-1640s. For more than a decade, the success or failure of the alchemical project hinged on how the issues raised by these earlier events would be resolved. The first of these conflicts, the Pequot War of 1637, had reduced the once powerful Pequot nation to servile status and exacerbated already-strained Indian relations in the former Pequot territory. At the same time, it had created competing claims to the former Pequot lands between the English colonies of Connecticut and Massachusetts as well as among their Indian allies, all of whom had played a part in the Pequots' overthrow. The decision of John Winthrop, Jr. to establish his new plantation in the heart of the former Pequot country heightened the tensions produced by destabilized Indian relations and intracolonial English competition, as various protagonists, including Winthrop, sought to manipulate events to achieve the greatest advantage.
