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Legal System Assignment - The case of R v Maginnis [1987] AC 303.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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'The Law of adverse possession may serve practical functions, but it runs contrary to morality and good sense.' Discuss.1 I The Meaning of Adverse Possession "The first man who, having enclosed a piece of ground, bethought himself of saying, 'This is mine', and found people simple enough to believe him, was the real founder of civil society. From how many crimes, wars, and murders, from how many horrors and misfortunes might not anyone have saved mankind, by pulling up the stakes, or filling up the ditch, and crying to his fellows: 'Beware of listening to this impostor, you are undone if you once forgot that the fruits of the earth belong to us all, and the earth itself to nobody.'." - Jean-Jacques Rousseau, Discourse on Inequality.2 The relationship between possession and ownership is deeply rooted in our conceptions of property. As Rousseau's words illustrate, it has long been the case that those who take property,...
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