Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 4 - Reform, Not Revolution

  • Anna di Robilant, Boston University
  • Book:
    The Making of Modern Property
    Published online:
    13 July 2023
    Print publication:
    27 July 2023, pp 167-203

  • Summary

    This chapter explores the slow and uneven property reform path ushered in by the short-lived liberal reformers that gathered around Baron von Stein. After Stein’s resignation, the discourse of property modernization was shortlived and the reconcpetualization of property was carried on by two leading,moderately conservative Roman law scholars who had been close to Stein’s cicle: Barthold Georg Niehbur and Friedrich Karl von Savigny. Animated by sincere scholarly devotion, and yet not shy to use Roman law and agrarian history to support their political agenda, Neihbur built a powerful narrative equating the liberation of the German peasantry to the struggle of the dispossessed Roman free peasant. Simultaneously, Savigny outlined a new Romanist architecture for the law of property designed to enable and protect the full mastery of the owner’s will over a physical thing.