마그나 카르타와 영국의 재산법

Magna Carta and Property in the Medieval England

The key concepts such as human rights, rule of law, due process, jury trial, and so on are founded on the Magna Carta. Thus it is said that the Magna Carta is the most important law during the formative period in the common law history. And there are some provisions on the property rights on the Magna Carta. Thus the Magna Carta shall be also the most important document in the area of English property law. However, it is not the case. The most consequential reason is that the premises of the modern property law and of the Magna Carta are different from each other. The modern English property law adopts a personal, single and exclusive ownership, whereas the Magna Carta acknowledges a common, multiple and nonexclusive ownership. Moreover, the Magna Carta even recognizes woman’s estovers for her survival as a social property right. Because of the differences, the Magna Carta has received lower praise in the area of later property law than it deserves.