Forest Law : a Course of Lectures On the Principles of Civil And Criminal Law And On the Law of the Forest (Chiefly Based On the Laws in Force in British India)

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See also Meaume, Vol. I. sec. 7.
2 In justice to Proudhon it should be remembered, that he never held in the abstract, or in principle, that a right-holder who was really such and nothing else, could he regarded as a sharer in the estate ; he was far too great a master of legal principles for that. But he was an impassioned advocate of the rights of the ])easantry long trodden down by the aristocracy ; and what he meant was, that the peasantry then appearing only as " nsagers " or right-holders
..., were in reality the original "common-owners " of the forest, who had been reduced in status by the oppression of the Crown and the nobles ; and that therefore it was time to re-assert their original rights. Even if this view of the case had been wholly true, it would still be a very questionable proceeding to legalize the wholesale reversion iif a long-existing state of things, by enquiring what it had once been — perhaps centuries ago. If we did not allow a practical prescription to establish the status quo, whose land or house ever would be safe in his hands ?

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