The political function of the commons: Changing conceptions of property and sovereignty in Missouri, 1750-1850

American Journal of Legal History

Volumn 41, Issue 1, 1997, Pages

  Banner, Stuart ^a  

^a NONE

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EID: 0041630882     PISSN: 00029319     EISSN: None     Source Type: Journal    
DOI: 10.2307/845471     Document Type: Article

References (7)

1. In the Laws, Plato has the "Athenian" say "if all means have been taken to eliminate everything we mean by the word ownership from life . . . that is a criterion of [a society's] excellence than which no truer or better will ever be found." THE COLLECTED DIALOGUES OF PLATO 1324 (Laws V:739c) (E. Hamilton & H. Cairns eds. 1961). See also id. at 660-61 (Republic III:416d). Aristotle's response has a contemporary ring. "[T]hat which is common to the greatest number," he explained, "has the least care bestowed upon it. Every one thinks chiefly of his own, hardly at all of the common interest.... [E]verybody is more inclined to neglect the duty which he expects another to fulfil." THE BASIC WORKS OF ARISTOTLE 1148 (Politics II:3) (R. McKeon ed. 1941). See also III THOMAS AQUINAS, SUMMA THEOLOGICA 1471 (2a2ae, Q. 66, art. 2) (Christian Classics ed. 1948) ("every man is more careful to procure what is for himself alone than that which is common to many or to all: since each one would shirk the labor and leave to another that which concerns the community").
2. In the Laws, Plato has the "Athenian" say "if all means have been taken to eliminate everything we mean by the word ownership from life . . . that is a criterion of [a society's] excellence than which no truer or better will ever be found." THE COLLECTED DIALOGUES OF PLATO 1324 (Laws V:739c) (E. Hamilton & H. Cairns eds. 1961). See also id. at 660-61 (Republic III:416d). Aristotle's response has a contemporary ring. "[T]hat which is common to the greatest number," he explained, "has the least care bestowed upon it. Every one thinks chiefly of his own, hardly at all of the common interest.... [E]verybody is more inclined to neglect the duty which he expects another to fulfil." THE BASIC WORKS OF ARISTOTLE 1148 (Politics II:3) (R. McKeon ed. 1941). See also III THOMAS AQUINAS, SUMMA THEOLOGICA 1471 (2a2ae, Q. 66, art. 2) (Christian Classics ed. 1948) ("every man is more careful to procure what is for himself alone than that which is common to many or to all: since each one would shirk the labor and leave to another that which concerns the community").
3. In the Laws, Plato has the "Athenian" say "if all means have been taken to eliminate everything we mean by the word ownership from life . . . that is a criterion of [a society's] excellence than which no truer or better will ever be found." THE COLLECTED DIALOGUES OF PLATO 1324 (Laws V:739c) (E. Hamilton & H. Cairns eds. 1961). See also id. at 660-61 (Republic III:416d). Aristotle's response has a contemporary ring. "[T]hat which is common to the greatest number," he explained, "has the least care bestowed upon it. Every one thinks chiefly of his own, hardly at all of the common interest.... [E]verybody is more inclined to neglect the duty which he expects another to fulfil." THE BASIC WORKS OF ARISTOTLE 1148 (Politics II:3) (R. McKeon ed. 1941). See also III THOMAS AQUINAS, SUMMA THEOLOGICA 1471 (2a2ae, Q. 66, art. 2) (Christian Classics ed. 1948) ("every man is more careful to procure what is for himself alone than that which is common to many or to all: since each one would shirk the labor and leave to another that which concerns the community").
4. E.P. THOMPSON, CUSTOMS IN COMMON: STUDIES IN TRADITIONAL POPULAR CULTURE 107 (1993); W.G. HOSKINS & L. DUDLEY STAMP, THE COMMON LANDS OF ENGLAND & WALES 53-64 (1963); R.H. TAWNEY, THE AGRARIAN PROBLEM IN THE SIXTEENTH CENTURY 231-80 (1912). See, e.g., William Forster Lloyd, On the Checks to Population (1833), in MANAGING THE COMMONS 8-15 (Hardin & Baden eds. 1977).
5. E.P. THOMPSON, CUSTOMS IN COMMON: STUDIES IN TRADITIONAL POPULAR CULTURE 107 (1993); W.G. HOSKINS & L. DUDLEY STAMP, THE COMMON LANDS OF ENGLAND & WALES 53-64 (1963); R.H. TAWNEY, THE AGRARIAN PROBLEM IN THE SIXTEENTH CENTURY 231-80 (1912). See, e.g., William Forster Lloyd, On the Checks to Population (1833), in MANAGING THE COMMONS 8-15 (Hardin & Baden eds. 1977).
6. E.P. THOMPSON, CUSTOMS IN COMMON: STUDIES IN TRADITIONAL POPULAR CULTURE 107 (1993); W.G. HOSKINS & L. DUDLEY STAMP, THE COMMON LANDS OF ENGLAND & WALES 53-64 (1963); R.H. TAWNEY, THE AGRARIAN PROBLEM IN THE SIXTEENTH CENTURY 231-80 (1912). See, e.g., William Forster Lloyd, On the Checks to Population (1833), in MANAGING THE COMMONS 8-15 (Hardin & Baden eds. 1977).
7. E.P. THOMPSON, CUSTOMS IN COMMON: STUDIES IN TRADITIONAL POPULAR CULTURE 107 (1993); W.G. HOSKINS & L. DUDLEY STAMP, THE COMMON LANDS OF ENGLAND & WALES 53-64 (1963); R.H. TAWNEY, THE AGRARIAN PROBLEM IN THE SIXTEENTH CENTURY 231-80 (1912). See, e.g., William Forster Lloyd, On the Checks to Population (1833), in MANAGING THE COMMONS 8-15 (Hardin & Baden eds. 1977).