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Land Law, Property Ideologies and the British-Irish relationship

Fox O'Mahony, Lorna and Walsh, Rachael (2018) 'Land Law, Property Ideologies and the British-Irish relationship.' Common Law World Review, 47 (1). pp. 7-34. ISSN 0308-6569

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English and Irish land law are deeply influenced by the historical context of the British-Irish relationship, yet property scholarship comparing the two jurisdictions is surprisingly rare. The current Brexit negotiations provide a timely reminder of the strategic importance of property and trade relations between the two countries; and of their related-but-different legal cultures. In this article we examine how the property cultures of England and Ireland were shaped by the politics and practices of land tenure, by competing economic and property ideologies, and by the influence of both on national identity and statehood in both jurisdictions. The article reveals the role of local contexts and events in shaping land reform, and demonstrates the fertile potential of the comparative frame to contextualise each jurisdiction’s doctrines and practices. As domestic land law systems are drawn together in the context of emerging EU jurisdiction over areas like mortgage credit, each jurisdiction’s underpinning ideological commitments have important implications for the ease – or not – of attempts to harmonize member state practices. We explain the alignments and divergences between domestic underpinnings of Irish and English law, and reflect on the implications of our findings for contemporary property problems in the context of evolving economic and political relationships between the UK and Ireland.

Item Type: Article
Uncontrolled Keywords: England, Ireland, land, property, politics
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 24 Jul 2018 16:16
Last Modified: 06 Jan 2022 13:48

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