Abstract
In the nineteenth century the common law courts had to struggle with a conundrum presented by enclosure and the ensuing capitalisation of land ownership and agriculture. If enclosure by law destroyed the common rights of the peasantry, did it also destroy the seigneurial hunting rights of the lords? Was capitalist enclosure a revolution exercised always in the interests of lordship; or sometimes against those interests? How did judges deal with noble rather than middling or proletarian hunters? The problems of hunting law tested some of the fundamental principles of the common law property system, throwing into relief judicial attitudes to the politics of landownership.
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