Book contents
- From Masters of Slaves to Lords of Lands
- Studies in Legal History
- From Masters of Slaves to Lords of Lands
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction: Owning Humans, Owning Land – Two Primitive Modes of the Property Imagination
- Part I Masters of Men and Beasts
- 1 Hierarchy and the Hunt for Prey: Early Human Ownership
- 2 Masters of Men and Beasts: The Early Roman Fantasia of Ownership
- 3 The Dominus Enters the Law
- 4 Classical Roman Slave Law: The Just Hunt for Human Prey
- 5 An Empire of the Chieftainship over People
- Part II From Masters to Lords
- Conclusion: From Man the Killer to Man the Tiller
- Bibliography
- Index
- Studies in Legal History
1 - Hierarchy and the Hunt for Prey: Early Human Ownership
from Part I - Masters of Men and Beasts
Published online by Cambridge University Press: 28 November 2024
- From Masters of Slaves to Lords of Lands
- Studies in Legal History
- From Masters of Slaves to Lords of Lands
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction: Owning Humans, Owning Land – Two Primitive Modes of the Property Imagination
- Part I Masters of Men and Beasts
- 1 Hierarchy and the Hunt for Prey: Early Human Ownership
- 2 Masters of Men and Beasts: The Early Roman Fantasia of Ownership
- 3 The Dominus Enters the Law
- 4 Classical Roman Slave Law: The Just Hunt for Human Prey
- 5 An Empire of the Chieftainship over People
- Part II From Masters to Lords
- Conclusion: From Man the Killer to Man the Tiller
- Bibliography
- Index
- Studies in Legal History
Summary
This chapter explores the anthropology of early human property. Making use of the ethological distinction between territoriality and social dominance, it argues that norms of social dominance largely governed early human property orders as nthropologists reconstruct them. Rights in land, rather than taking the Blackstonian form familiar from modern legal orders, were “use rights,” granted out in line with the social hierarchical of society. An important form of “ownership” also attached to rights in prey taken in the hunt. The chapter closes by challenging the economistic accounts found in the well-known “tragedy of the commons” literature, as well as economistic theories intended to explain that some societies display the ownership of humans rather than the ownership of land.
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- From Masters of Slaves to Lords of LandsThe Transformation of Ownership in the Western World, pp. 37 - 74Publisher: Cambridge University PressPrint publication year: 2025