Kana
Posts: 6676
Joined: 10/24/2006 Status: offline
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quote:
ORIGINAL: truckinslave Oh my. Blackstone, really? No attempt to insert American law, only Blackstone?? The Blackstone who in your referenced work writes: If trespassers in forests, parks, chases, or warrens, will not surrender themselves to the keepers, they may be slain Seriously? That Blackstone?? The one who takes issue with Locke? To wit, John Locke, who wrote: "that all manner of force without right upon a man's person, puts him in a state of war with the aggressor; and, of consequence, that, being in such a state of war, he may lawfully kill him that puts him under this unnatural restraint." You know, the Locke upon whose work so much of our law is based (as opposed to the renowned apologist for royal power, Blackstone? In any case, just as we have decided to change the law regarding trespassers in parks, so also have we decided to change Blackstone's vision of permissible self-defense; and in both instances for the better Hey,let's not be knocking too hard on Blackstone here. The man did summarize the basics of what would be common law. Course, the problem with citing Blackstone is that while precedent might work great in some cases, in this instance, Florida has codified law and that's gonna overrule precedent.
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"One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die. " HST
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