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From: All over SoCal
Property Rights in a Democracy
Absolute Rights Abolished
Many people still think of property in terms of the ancient doctrine of feudal law, in which a man's home was his castle. Under this concept, the owner excercised absolute dominion over his land. Trespassers were shot, neighbors' rights disregarded, and the public welfare ignored. However, with increasing urbanization and the rise of the middle class, the landowner's rights became circumbscribed by the rights of others. To protect the common welfare, laws were developed to cover waste, lateral and subjacent support, nuisance, zoning, land planning, building codes, and other police powers.
Absolute Rights Abolished
Many people still think of property in terms of the ancient doctrine of feudal law, in which a man's home was his castle. Under this concept, the owner excercised absolute dominion over his land. Trespassers were shot, neighbors' rights disregarded, and the public welfare ignored. However, with increasing urbanization and the rise of the middle class, the landowner's rights became circumbscribed by the rights of others. To protect the common welfare, laws were developed to cover waste, lateral and subjacent support, nuisance, zoning, land planning, building codes, and other police powers.
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From: All over SoCal
All Rights Relative
In a democracy, all property and personal rights are, by definition, relative to and circumscribed by the rights and priveleges, of others in that society. Consequently, each right or privelege must be balanced against similar, equivalent, and superior rights. Furthermore, each new variable or change in circumstances alters the factors that are balanced against each other.
In a democracy, all property and personal rights are, by definition, relative to and circumscribed by the rights and priveleges, of others in that society. Consequently, each right or privelege must be balanced against similar, equivalent, and superior rights. Furthermore, each new variable or change in circumstances alters the factors that are balanced against each other.
