Restrictive covenants in Xanadu

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


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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
Divisions: Schools > Nottingham Law School
Record created by: EPrints Services
Date Added: 09 Oct 2015 10:21
Last Modified: 09 Jun 2017 13:27

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