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    Supreme Court and Private Rights

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    Author
    Borchard, Edwin
    Keyword
    Locke
    Hume
    Harrington
    Coke
    Blackstone
    Henry
    Paine
    Parliament
    property
    liberty
    
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    URI
    http://hdl.handle.net/20.500.13051/3001
    Abstract
    Some of the social-political theories which influenced the framers of the Constitution were derived from Locke, Hume, Harrington, Coke and Blackstone. These men were less concerned with forms of government than with the relation between society as a whole and its individual members. They were sure that the individual possessed certain indefeasible, primordial rights and that government was designed to protect these rights against encroachment by the state or by classes within it. Perhaps the most important of these private rights was that of property, associated by Locke with liberty and often identified with it.' Thus, the effort of the British Parliament to levy distasteful taxes and impose commercial restrictions was pictured in America as a challenge to fundamental theories of government.
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