The Roman Theory of Property Rights

The Roman Theory of Property Rights

Do Roman property laws resemble modern laws at all? What are some of the most striking similarities and differences? Professor Richard Epstein focuses on the dynamic between public and private property rights in the Roman system. In particular, common resources such as waterways were governed differently under Roman law than they are in a more modern, Lockean property system.

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2 of 5: Private Rights and Public Resources in Roman Law [No. 86]

How did the Roman system address the tension between private property and access to public resources? Professor Richard Epstein explains how the Romans restricted private property rights around common resources, such as a river. People were not all ... How did the Roman system address the tension between private property and access to public resources?

Professor Richard Epstein explains how the Romans restricted private property rights around common resources, such as a river. People were not allowed to form blockades, damage the resource, or exploit the materials in a way that excluded others. Preserving a resource as public maximized the productivity and enjoyment of all of the citizens.

Professor Richard Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law, a Senior Fellow at the Hoover Institution, and Professor of Law Emeritus and a senior lecturer at the University of Chicago.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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