GOV 312L Lecture Notes - Lecture 19: Aisle, Lochner Era, Natural And Legal Rights
Document Summary
Preview: continuing our discussion on the limits of rights, absoluteness of rights as related to past lectures, glendon draws on property as an example, but we might consider the same question with respect to other rights. There is a striking discrepancybetween our tendency to state rights in a stark unlimited fashion and the common-sense restrictions that have to be placed on one"s rights when they collide with those of another person. (20) Locke and blackstone"s influence: blackstone philosopher, huge influence on us and also in england, blackstone: property rights are absolute, individual, exclusive, quote, not just one right among many, property = symbol of freedom and independence. It is argued that us govt was created so that property would be protected. The family home : at this time, the idea that a person"s home was their castle was taken seriously. The demotion of property rights: new deal, west coast hotel v. parrish, etc.