Property beyond princely authority: the intellectual and legal roots of Ulrik Huber’s fundamental law
2016 ◽
Vol 84
(1-2)
◽
pp. 225-244
Keyword(s):
In this paper I argue for a rule-of-law-reading of Ulrik Huber’s fundamental law on freedom of property. My aim is to show that there is enough contemporary intellectual and legal context for such a reading. I do so by arguing along three lines: the medieval tradition that rooted the origin of private property in natural law, protection of property in the constitution of Holland in the seventeenth century, and property rights protected by fundamental law in English common law.