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laws 2201 lec 1-2.docx

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Department
Law
Course
LAWS 2201
Professor
All Professors
Semester
Winter

Description
Sept 68 Lecture 1 Conceptual and Historical Introduction to Persons and Property in Private lawPrivate health business Legal OrderingChapter OneOf the Absolute Rights of IndividualsThe common law historythoNot a lot of construction was not neatly categorized in England in the 16 and 17th centuryoThen Blackstone was introducedBlackstone thoLawyer judge and politician in the 18 century EnglandoHe published the first volume of his famous commentaries in 1766 with 4 volumesoRights of personsoRights of things propertyoOf private wrongs law obligations oOf public wrongs criminal lawoSEE CHART IN NOTES Blackstones Schema of LawoPersons are divided into eitheronatural persons such as the God of nature formed usoartificial persons such as are created and devised by human laws for the purposes of society and government which are all corporations or bodies politicoTheir rights are absolute as pertain to them as individuals and relative as pertain to them as members of society oProperty is the third absolute right inherent in every Englishman and consists in the free use enjoyment and disposal of all his acquisitions without and control or diminution save only by the laws of the land oRights are liable to another subdivision being eitheroFirst those which concern and are annexed to the persons of men and are then called jura personarum or the rights of persons ORoSecondly such as a man may acquire over external objects or things unconnected with his person which are styled jura rerum or the rights of things oSEE CHART IN NOTES Blackstones Legal OrderingoStruggled with the division of public and privateoYou can be drunk and private but once you become drunk and disorderly then you are infringing on the rights of the individual oHe felt the family was private Contribution of the Commentaries oWas the leading work in development of English lawoThe first methodical treatise on the common law suitable for a lay readership since the middle ages organized from common law were influential largely because they were in fact readable and met a needoBlackstone sought to make it seem rational just and inevitable that things should be how they were oIdealistic construction of these commentaries Chapter 2Limits of taxonomies oWaddams chp 2 maps or taxonomic schemes are metaphors that give intellectual order and thus desirableoHoweveroBlackstones map rights of persons rights of things private wrongs public wrongsdidnt reflect mutually exclusive categories overlapsoAnd did reflect his times Including the preoccupation with creating and protecting space for the individual in relation to the state and reinforcing the private sphere of the family This was the time when feudalism was ending and with it absolute power of the king emergence of the idea that land and property could be privately held by individuals creation of a pre industrial marketplaceoHenry main The movement of progressive societies has been from status to contractoTrying to find what legal order would help it grow and expandPreoccupations oLiberty of persons natural liberty from the state of nature a natural liberty of mankind Englishman in particularoPrivate space can do absolutely what you like in private but not in public or if it will affect the rights of others oA social contract government as a way to create and maintain orger rekatively speaking oPrivate property sole and despotic dominion that a man can claim and exercise over the external things of this worldthe earth and all things therein a gift from the creatoroThe laws of England are extremely watchful in ascertaining and protecting property rights Case Study The Self Dispossessed slavery and the law of persons and propertyDred Scottyv Sandford 60 US 393 1856The question the court asks is
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