Property And Contract in Their Relations to the Distribution of Wealth volume 1

Cover Property And Contract in Their Relations to the Distribution of Wealth volume 1
Property And Contract in Their Relations to the Distribution of Wealth volume 1
Ely, Richard Theodore, 1854-1943
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] These ''natural rights" are looked upon as growing out of the nature of man, not depending pri- marily on law but on the civilised state of human exist- ence. [See Borden v. State, 11 Ark. 519, 44 Am. Dec. 217, (1851). ] The theory of our law is that it would be impossible to have our present civilisation without the institution of private property in some form or other. As we shall see more clearly as we proceed, the tendency is toward an increasing public interest in private property, hut n...o tendency whatever is discovered towards an abroga- tion of the right and this is clearly the drift of the decisions of American courts. Blackstone's account of the origin and development of the rights of property is interesting in this connection.^ Notes and References to Chapter I 1 P. 53. American courts have uniformly held, that the "right to acquire and possess property necessarily includes the right to con- tract. " [Leep V. Ry. Co. , 58 Ark. 407 (1894) at p. 415; Mathews v. People, 202 111.

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