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By H.M. Gartley

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27) Enclosure, Justice and Power The emerging concept of justice, as capitalism had been developing its sway over the British society had a few features. In the feudal era, the customary right of the peasants had not usually been violated if the hierarchy-based loyalty was maintained. Their usufructuary rights were never denied, although there did not exist elaborate jurisprudence to explain what is ‘usufructuary right’ and how this was to be protected. The capitalist order ignored this customary right.

The Parliamentary Commissions were invariably of the same class and outlook as the major landholders; hence it was not surprising that the great landholders awarded themselves the best land and the most of it, thereby making England a classic land of great, well-kept estates with a small marginal peasantry and a large class of rural wage labourers. Those with only customary Land Acquisition Act and Social Justice 51 claim to use the land fell by the wayside, as did those marginal cotters and squatters who had depended on use of the wastes for their bare survival as partly independent peasants.

The British law did not compel the new gentry class to bear the full cost of displacement. Moreover, the expenditure in the form of cost of feeding the dispossessed poor peasants who did not receive compensation was shifted to the state. The state had to bear the cost in order to maintain the legitimacy of the system. As the incidence of eviction increased, the cost of feeding such people was increasing enormously and by 1830s the yearly average cost of maintaining the ‘work houses’ increased to 60 million pound (Morton 1974: 131).

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