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Acquisitive prescription and fundamental rights

Duxbury, Neil (2016) Acquisitive prescription and fundamental rights. University of Toronto Law Journal, 66 (4). pp. 472-512. ISSN 0042-0220

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Identification Number: 10.3138/UTLJ.3873


Various seventeenth-century parliamentarians resorted to the concept of acquisitive prescription when denouncing irresponsible use of the royal prerogative. Often, the concept was invoked to convey nothing more than that a custom had existed since time immemorial. But sometimes the concept was being used in its legal sense: to denote the acquisition of a right (as if someone with the authority to grant that right had done so) by virtue of some instance of long and uninterrupted enjoyment over a period of time. This paper considers the application of acquisitive prescription, a doctrine rooted in the medieval law of land obligations, in Stuart constitutional discourse.

Item Type: Article
Official URL:
Additional Information: © 2016 University of Toronto Press
Divisions: Law
Subjects: H Social Sciences > HB Economic Theory
Sets: Departments > Law
Date Deposited: 16 May 2016 11:12
Last Modified: 20 Jun 2021 00:20

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