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Title Right most valued by civilized man, The
Subject Privacy, Right of; Liberty; Sociological jurisprudence
Description Twenty Third Annual Frederick William Reynolds Lecture.
Creator Dykstra, Daniel James.
Publisher Extension Division, University of Utah
Date 1959-02-12
Date Digital 2008-05-29
Type Text
Format image/jpeg
Digitization Specifications Original scanned on Epson Expression 10000XL flatbed scanner and saved as 400 ppi uncompressed tiff. Display images generated in PhotoshopCS and uploaded into CONTENTdm Aquisition Station.
Resource Identifier,334
Source LD5526 .U8 n.s. v.50 no.12
Language eng
Relation Digital reproduction of "The Right most valued by civilized man," J. Willard Marriott Library Special Collections
Rights Digital Image Copyright University of Utah
Metadata Cataloger Seungkeol Choe; Ken Rockwell
ARK ark:/87278/s68g8hnk
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-08-04
ID 319634
Reference URL

Page Metadata

Title Page10
Description 10 TWENTY-THIRD ANNUAL REYNOLDS LECTURE theme. That theme is that there exist certain areas which are restricted as far as intrusion is concerned. The Magna Carta in 1215, the Habeas Corpus Act in 1629, the Petition of Rights in 1627, and the Bill of Rights in 1688 were predicated on the theory that government authority, particularly in areas which relate to the liberty of the individual, is not unlimited. This concept transplanted to American soil was spelled out in the language of natural law in 1776, when the authors of the Declaration of Independence stated that man possesses certain "Unalienable Rights," among which are "Life, Liberty, and the Pursuit of Happiness." It went on to observe in the language of revolution that when any "Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it." This concern over unwarranted intrusion is abundantly reflected in the body of our Constitution. The very form of government with its checks and balances, a form which drew much of its inspiration from Montesquieu's The Spirit of the Laws, is an outgrowth of concern for the individual and his liberty. As the renowned French author observed: When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.4 Madison, in the 47th Federalist paper, made this same point more succinctly when he wrote: "The accumulation of all powers, legislative, executive, and judiciary in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."5 These observations, together with the frequently expressed comment that the government being created was one of limited powers, reflect concern lest authority become a source of intemperate restriction rather than an instrument to promote liberty. Such assurances were not enough, however, to satisfy many of those who were asked to vote approval of the Constitution. These recalcitrants demanded that the areas of nonintervention be spelled out in more explicit terms. Their demands resulted in the adoption of the first eight amendments to the Constitution, the Bill of Rights. 4. 1 Montesquieu, The Spirit of the Laws, Book XI, at 182 (The World's Greatest Books ed„ 1900). 5. The Federalist No. 47, at 313 (Mod. Lib. cd., 1937) (Madison).
Format image/jpeg
Identifier 010-RNLT-DykstraD_Page10.jpg
Source Original Manuscript: The right most valued by civilized man by Daniel J. Dykstra.
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-29
ID 319616
Reference URL