18세기 영국의 재산권과 공론장 -앤즐리 재판(Annesley v. Anglesey, 1743)을 중심으로- = Property Rights and the Public Sphere in Eighteenth-Century England -The Case of Annesley v. Anglesey(1743)-

다국어 초록 (Multilingual Abstract)

Annesley v. Anglesey(1743) was a case in which James Annesley challenged his uncle, Richard Annesley, 6th Earl of Anglesey, for ownership to a part of the Annesley family estates. Although James failed to produce conclusive proof that he indeed had the right to this piece of land, he nevertheless won the case. In addition to the jurors, the masses also welcomed this outcome. Such a reception throws suspicion on previous claims by scholars that property was a ‘modern’ concept, a sanctified and exclusive personal right in eighteenth-century England. The twofold pressures from the patrilineal family and from the public sphere regulated property rights. On the one hand, many eighteenth-century Englishmen derived much of their property from inheritance, and were thus pressured to exercise their rights in line with the collective will of the family. On the other hand, political and social circumstances gave rise to public opinion that the propertied classes, especially the landed classes, should be exemplary in upholding the public good; propertied rakes were, therefore, increasingly subject to criticism. James Annesley capitalized on these two assumptions to win for himself a part of the Annesley family estates. From this we can see one of the prime features of eighteenth-century English society: the persistence and strength of the traditional ‘moral economy’ in the face of rapid commercialization.