This Article tenders such a reconstruction and develops the theory that ownership, rather than possession, was the legal interest protected by common-law larceny. The theory is derived from analysis of the content of early theft law and the procedural forms through which property rights were vindicated.
Kathleen F. Brickey,
The Jurisprudence of Larceny:An Historical Inquiry and Interest Analysis,
33 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol33/iss5/2