Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
SO great moreover is the regard of the law for private property, that
it will not authorize the least violation of it; no, not even for the
general good of the whole community. If a new road, for instance, were
to be made through the grounds of a private person, it might perhaps
be extensively beneficial to the public; but the law permits no man,
or set of men, to do this without consent of the owner of the land. In
vain may it be urged, that the good of the individual ought to yield
to that of the community; for it would be dangerous to allow any
private man, or even any public tribunal, to be the judge of this
common good, and to decide whether it be expedient or no. Besides, the
public good is in nothing more essentially interested, than in the
protection of every individual's private rights, as modelled by the
municipal law. In this, and similar cases the legislature alone can,
and indeed frequently does, interpose, and compel the individual to
acquiesce. But how does it interpose and compel? Not by absolutely
stripping the subject of his property in an arbitrary manner; but by
giving him a full indemnification and equivalent for the injury
thereby sustained. The public is now considered as an individual,
treating with an individual for an exchange. All that the legislature
does is to oblige the owner to alienate his possessions for a
reasonable price; and even this is an exertion of power, which the
legislature indulges with caution, and which nothing but the
legislature can perform.
Public-domain text, read in full here on John Shaqi.
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