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Updated: May 6, 2025
But, if it be true that far the most important passage in the history of Private Property is its gradual elimination from the co-ownership of kinsmen, then the great point of inquiry is identical with that which lies on the threshold of all historical law what were the motives which originally prompted men to hold together in the family union?
We have so many independent reasons for suspecting that the infancy of law is distinguished by the prevalence of co-ownership by the intermixture of personal with proprietary rights, and by the confusion of public with private duties, that we should be justified in deducing many important conclusions from our observation of these proprietary brotherhoods, even if no similarly compounded societies could be detected in any other part of the world.
The mature Roman law, and modern jurisprudence following in its wake, look upon co-ownership as an exceptional and momentary condition of the rights of property. But in India this order of ideas is reversed, and it may be said that separate proprietorship is always on its way to become proprietorship in common. The process has been adverted to already.
Had he ever been like others who rejoiced in existence in the city? Here was where one could really live. He glanced over the interior of his round tower. It was a veritable salon, more agreeable to him than the house of his forefathers; this was all his own, free from the dread of co-ownership with money lenders and usurers. He even had handsome antiquities which no one could claim.
Colleges, like ancient homesteads, unless they are yours, never quite welcome you, though ready enough to receive with civility your tendered meed of admiration. You wander through their gardens, and pace their quadrangles with no sense of co-ownership; not for you are their clustered memories. In the Bodleian every lettered heart feels itself at home.
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