“Sharp Practice”

2015 ◽  
Vol 92 (4) ◽  
pp. 24-47
Author(s):  
Clay Stalls
Keyword(s):  
Nineteenth Century ◽  
Los Angeles ◽  
Property Rights ◽  
Gilded Age ◽  
Marital Property ◽  
Land Speculation ◽  
Property Holding

The Centinela Land Company of Daniel Freeman and Francis Pliny Fisk Temple and other prominent Los Angeles businessmen demonstrates the practices and philosophy of land speculation that fueled the city's growth during the Gilded Age. Furthermore, the company's history also demonstrates the close ties between these businessmen and their shared, frequently byzantine, business ethos. The Centinela venture also yields unexpected insights into marital property holding and women's property rights in nineteenth-century Los Angeles.

Staking out an inshore commons: Pound-netting in Gilded Age America

2021 ◽  
Vol 33 (1) ◽  
pp. 3-15
Author(s):  
David Ress
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Fish Species ◽  
Gilded Age ◽  
Late Nineteenth Century ◽  
Important Food ◽  
The Commons ◽  
Late Nineteenth ◽  
Over Exploitation ◽  
Specific Part

Controversy over the expansion of pound netting in the largest US fisheries of the late nineteenth century marked an early conflict between those who considered fisheries a commons and those who sought to establish property rights in a fishery. Pound-netters physically staked out a specific part of the sea for their exclusive use, and their conception of their property rights resulted in significant overfishing of important food – and oil – fish species. Here, just as with the commons that many economists argue inevitably result in over-exploitation of a resource, regulation was rebuffed and the fisheries collapsed.

The Marriage Penalty: Women, Property Rights, and Credit Markets in Yucatán, 1850 – 1900

2008 ◽  
Vol 88 (3) ◽  
pp. 427-454
Author(s):  
Juliette Levy
Keyword(s):  
Nineteenth Century ◽  
Property Rights ◽  
Credit Markets ◽  
Credit Market ◽  
Mortgage Market ◽  
Legal Tradition ◽  
Economic Markets ◽  
Marital Property ◽  
Civil Codes ◽  
Property Regimes

Abstract This article addresses how marital property regimes acted as obstacles to the development of the Yucatán credit market. Marriage is a contract, and historically it carries with it significant financial corollaries. Dowries, marital property regimes, and inheritance laws were all designed to support the economic instrument that marriage represented. There are many other ways in which marriage intersects with markets; this article assesses the role of property rights, and specifically, married women’s property rights, in the credit markets of nineteenth-century Yucatán. Using mortgage contracts and probate records recorded by notaries, this article analyzes the participation of women in the local mortgage market, taking into account the legal context in which it developed, and explains how legal tradition and civil codes contributed to the distortions that affected women in the local credit market. This article shows specifically that the analysis of women’s participation in economic markets in the nineteenth century must take their marital status into account, as well as the unequal legal position of husbands and wives under the laws of the time, and concludes that marital property rights, and by extension marriage, played an important and unexpected role in the region’s credit market.

Equal Marital Property Rights

1983 ◽  
Vol 18 (2) ◽  
pp. 128-135
Author(s):  
Jocelynne A. Scutt
Keyword(s):  
Property Rights ◽  
Marital Property

Two Properties, One Land: Law and Space in Nineteenth-Century New Zealand

1999 ◽  
Vol 24 (04) ◽  
pp. 807-852 ◽  
Author(s):  
Stuart Banner
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Property Rights ◽  
Market Economy ◽  
Religious Belief ◽  
Balance Of Power ◽  
The Other ◽  
Political Organization ◽  
Property System ◽  
Level Of Consciousness

If we use the word land to refer to the physical substance, and reserve the word property for the intellectual apparatus that organizes rights to use land, we can say that in colonial New Zealand, the British and the Maori overlaid two dissimilar systems of property on the same land. That difference in legal thought structured each side's perception of what the other was doing, in ways that illustrate unusually clearly the power of law to organize our awareness of phenomena before they reach the level of consciousness. Over the course of the nineteenth century, as the balance of power gradually swung to the side of the British, they were largely able to impose their property system on the Maori. The centrality of property within the thought of both peoples, however, meant that the transformation of Maori into English property rights involved much more than land. Religious belief, engagement with the market economy, political organization—all were bound up in the systems by which both peoples organized property rights in land. To anglicize the Maori property system was to revolutionize Maori life.

Equal Rights, Privilege, and the Pursuit of Inequality

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Property Rights ◽  
The United States ◽  
Political Order ◽  
First Century ◽  
People Of Color ◽  
Equal Rights ◽  
Individual Property ◽  
Nineteenth Century America

While cherishing ideas of equal rights and equality, Americans have simultaneously sought inequality. The Revolution of 1776 committed Americans to the idea of equal rights, but just as fundamentally it dedicated the United States to the protection and increase of individual property and the power to direct it to heirs. Although equal rights and individual property rights have proved compatible with religious and ethnic equality, social and economic inequality, both meritocratic and inherited, have been integral to the American social and political order. Moreover, based on the emerging biologies of race and sex, the idea of equal rights for people of color and for women faced new barriers in nineteenth-century America and beyond into the twenty-first century.

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