Community (Custom) vs. State (Law): The Debate about Property in the Papal States in the 18th – 19th Centuries

• Authors: Rosati, Simone

Abstracts

EN

During the 18th century, an increasingly strong individualistic attitude in the way of understanding the relationship between man and the tangible world spread throughout Europe. The legal institution which, more than any other, suffered from the effects of this reductionism was the Property as victim of incredible compression in comparison to medieval world. The exclusive model that the new Enlightenment and the bourgeois mentality wanted to adopt was the individual Property, to the detriment of all those forms of possession documented in the Middle Ages. The present study intends to investigate, in the geographical context of the Papal States, the great juridical dispute between the individualistic model – endorsed by the Sacred Legislator – and that of a collectivistic nature defended by the Community.

Keywords

EN

property; Papal States; Jus pascendi; 18th-19th centuries; własność; Państwo Kościelne; wiek XVIII; wiek XIX

• Publisher: Wydawnictwa Uniwersytetu Warszawskiego
• Journal: Studia Iuridica
• Year: 2019
• Volume: 80
• Pages: 335-353

Dates

published

2019-09-21

Contributors

author

Rosati, Simone

Identifiers

DOI

10.5604/01.3001.0013.4817