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adopted American courts American law Anarchism Anglo-Saxon aristocracy British Cecil Rhodes cerned church citizens civil Code Napoleon collectivism common carrier common law compelled conceded conception Constitution contract decisions desire destruction doctrine duty employer England English English law erty exist fact feudal feudal lord freedom governmental highest law home rule idea indi individual individualistic industrial inheritance injure interference Jeremy Bentham king labor laissez-faire land large measure legislation legislature liability acts limited ment merely modern monopolies moral nation natural neces necessary necessity North Dakota offenses one's organized society owner ownership personal liberty political prevent primogeniture private property process of law prop property rights protection public interest public welfare reason recognized regulation restraint restrictions Revolution right of private right to property Roman Roman law royal sense social sovereign statutes Supreme Court sustained theory things tion trade true trust-busting vidual waste whole
Page 47 - Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of Parliament...
Page 7 - But every man, when he enters into society, gives up a part of his natural liberty, as the price of so valuable a purchase ; and in consideration of receiving the advantages of mutual commerce, obliges himself to conform to those laws, which the community has thought proper to establish.
Page 7 - This natural liberty consists properly in a power of acting as one thinks fit, without any restraint or control, unless by the law of nature; being a right inherent in us by birth, and one of the gifts of God to man at his creation, when he endued him with the faculty of free will.
Page 131 - The fact that both parties are of full age and competent to contract, does not necessarily deprive the state of the power to interfere, where the parties do not stand upon an equality, or where the public health demands that one party to the contract should be protected against himself.
Page 49 - ... were intended to secure the individual from the arbitrary exercise of the powers of government, unrestrained by the established principles of private rights and distributive justice.
Page 106 - A man, for his own private advantage, may, in a port or town, set up a wharf or crane, and may take what rates he and his customers can agree for cranage, wharfage, housellage, pesage; for he doth no more than is lawful for any man to do, viz., makes the most of his own.
Page 130 - The legislature has also recognized the fact, which the experience of legislators in many States has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their...
Page 64 - This would be an adaptation to actual business of the spiritual truth that " to him that hath shall be given ; but from him that hath not shall be taken away even that which he seemeth to have.
Page 131 - ... that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide,...
Page 107 - -There is no doubt that the general principle is favored both in law and justice, that every man may fix what price he pleases upon his own property, or the use of it ; but if, for a particular purpose, the public have a right to resort to his premises and make use of them, and he have a monopoly in them for that purpose, if he will take the benefit of that monopoly, he must, as an equivalent, perform the duty attached to it on reasonable terms.