Restrictive covenants in Xanadu

Ferris, G ORCID: https://orcid.org/0000-0003-0574-1978, 2012. Restrictive covenants in Xanadu. Liverpool Law Review, 33 (2), pp. 77-89. ISSN 1572-8625

Preview

Text 220432_PubSub2534_Ferris.pdf Download (410kB) | Preview

Abstract

Legal scholarship is naturally inclined towards explanations and justifications of contemporary law. In the case of restrictive covenants and building schemes this has led to a distorted perception of the historical record, as revealed in recorded case reports dating from the nineteenth century. It is argued that the restrictive covenant had its historical genesis not in a response to industrialisation and mass urbanisation, but in the developments of resort towns in the eighteenth and early nineteenth centuries, as a response to the needs of land developers. Furthermore, it is argued that a better historical understanding of these origins illuminates contemporary problems concerned with the adaptability of law and the potential roles of law in development.

Item Type:	Journal article
Alternative Title:	The restrictive covenant in Xanadu. "In Xanadu did Kubla Khan a stately pleasure-dome decree" S. T. Coleridge, 1816 [running title]
Publication Title:	Liverpool Law Review
Creators:	Ferris, G.
Publisher:	Springer
Date:	2012
Volume:	33
Number:	2
ISSN:	1572-8625
Identifiers:	Number Type 10.1007/s10991-012-9113-9 DOI
Divisions:	Schools > Nottingham Law School
Record created by:	EPrints Services
Date Added:	09 Oct 2015 10:21
Last Modified:	09 Jun 2017 13:27
URI:	https://irep.ntu.ac.uk/id/eprint/11670

Actions (login required)

Edit View

Statistics

Views

Downloads